The Birmingham age-herald., 1903-10-23

No 53O AN ACT. CH. 77s To better provide for the work of the
 Supreme Court.
 Be it enacted by the Legislature of Alabama:
 Section L That from snd after the ap- proval of this act the Supreme Court tex cept In certain contingencies hereinafter referred to) shall consist of a chief jus tice and six associate justices who shall be elected by the qualified electors of the State at the general elections now pro- vided by law for the election of members of the House of Representatives of Con gress. and who shall hold their offices for the term of six years from the 10th day of November of the year of the.r election and until their successors are e1ected and qualified; provided. that of the justices elected in November, 1904. the chief jus tice and two associate justices shall hold for term of six years, two of the asso- ciate justices shall hold for term or four years, and two of the associate JUS tices shall hold for . term of two years and that 1t shall be determined as now provided by the constitution with refer- ence to determining which of the asso- ciates heretofore with the chief 1ustlce constituting the court should hold for four and which for two years, which Of salu six associate justices shall hold for the term of six which for four and which TOT two years, so that thereafter one-third or said associate justices shall be elected every two years for terms of six years
 Sec. g. That hereafter said court may sit hear, consider and determine causes and exercise all its powers and Jurlsdlc- lion in sections of four judges such sec tions to be constituted from time to time by the chief justice who as far as prac- ttcable must be a member of all sections; and any section of which 1t Is impractl- cable for the chief justice 10 be a mem Der shall be presided over by that one or the associate justices in such section who has precedence on the bench; provided that no former adjudication of the court shall be overruled or materially modified except upon consultation of the court as whole, and provided. further that when there Is dissent in a section upon any ma terial question the same shall be con sidered and determined in bank.
 Sec. g. That the concurrence of four Judges in the determination of any cause shall be necessary and sufficient thersto, except when by reason of disqualification the number of judges competent to slt therein is reduced to five or to four, In which case such reduced number shall constitute the court, and the concurrence of three judges shall suffice; provided. that when by reason of disqualihcation the number of judges competent to sit In a cause Is reduced to six or to four and there Is equal division among them on any question material to the determination of the case the fact shal, be certified by the chief justice, or, when he Is disquali- fed by the judges sitting to the Cover nor. who shall thereupon appoint mem- Der of the bar of the Supreme Court to sit as a judge of said court in the deter imitation of said cause; and similarly when by reason of disqualification none of the judges Is competent to sit In cause or the number Is reduced below four, the fact shall be certified by the chief justice if he is competent to sit or If not by the judge or judges sitting, or if none Is competent, by the clerk of the court. to the Governor who shall thereupon appoint a member or members of the bar of the Supreme Court to constitute a special court of five mem bers tor the consideration and determi- nation of such cause the word "disquali- flcation'' as used in this section being ta- ken 10 include inability to sit by reason of prolonged Illness of a chronic nature.
 Sec. f. That the minutes of the court and the reports of Its decisions shall state the names of the judges sitting in the final decision of causes.
 Sec. D. This act shall not take effect until the next general election in Novem- Der, 1904, except for the purposes of cleo ton of the chief justice and six associate judges as herein provided for
 Approved october 10, 1893.
 Official