The Montgomery advertiser., 1903-10-23
AN ACT.

No. B3p AN ACT. H. 77a
 To better provide for the work of the Supreme Court
 Be it enacted by the Legislature of Alabama:
 Section l. That from and after the ap- proval of this act the Supreme Court tex- cept in certain contingencies hereinafter referred to) shall consist of 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- gross, and who shall hold their offices for the term of six years from the 10th day of November of the year of their election
 and until their successors are elected 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 a term of four years, and two of the associate jus
 tices shall hold for term of two years.
 and that it shall be determined as now provided by the constitution with refer-
 ence to determining which of the asso-
 ciates heretofore with the chief justice
 constituting the court should hold for four and which for two years, which of said
 six associate justices shall hold for the | term of six, which for four and which for two years. so that thereafter one-third of | said associate justices shall be elected
 every two years for terms of six years. Sec. 2 That hereafter said court may sit. hear, consider and determine causes and exercise all its powers and Jurisdic- ton. in sections of four judges. such sec-
 tions to be constituted from time to time by the chief justice. who as far as prac- h,Yn Ia If on Su. and any section of which 1t is impracti- cable for the chief justice to be a mem
 Der shall be presided over by that one of 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 a 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. 3. 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 sit therein Is reduced 10 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 disqualification 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 dsquali- fled. by the judges sitting to the Cover nor, who shall thereupon appoint a mem Der of the bar of the Supreme Court to sit as judge of said court fin the deter imitation of said cause; and similarly when by reason of disqualification none of the judges Is competent to sit in a 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 meIn- bers for the consideration and determi- nation of such cause. the word "disquali- fication" as used in this section being ta- ken 10 include inability to sit by reason
 of prolonged illness of a chronic nature.
 Sec. 4. 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. 5. This act shall not take effect
 until the next general election In Novem-
 Der. 1904, except for the purposes of elec- | tion of the chief justice and six associate l judges as herein provided for.
 Approved October 10, l9e3.
 Official,