Americus times-recorder. [volume] (Americus, Ga.) 1891-current, 1906-09-08
A PROCLAMATION.
BY His Excellency, Joseph NJ. Terrell,
Governor of Georgia.
Executive Department, State Of Geor-


ton of this State, and paragraph of
section 2 of said article, and to add to
said section 2 paragraph to be known
as paragraph 8, so as to provide for the
establishment of a Court of Appeals
and to define its powers and jurisdic-
ton; to define the jurisdiction of the
Supreme Court, and for other pur-
poses
"Section 1. Be it enacted by the
General Assembly, That paragraph /,
of section 1, of article 6, of the Consti-
tuition of. this State be amended so
that it shall read as follows:
The judicial powers of this State
shall be vested in a Supreme Court,
Court of Appeals, superior courts,
courts of ordinary, justices of the
peace, commissioned notaries public,
and such other courts as have been
or may be established by law
"Sec. 2. Be it further enacted, That
paragraph 5, of section 2, of article 6,
of the Constitution of this State be
amended so that it shall read as fol
lows:
1.-The Supreme Court shall have no
original jurisdiction, but shall be
court alone for the trial and correction
Of errors in law and equity from the
superior courts in all civil cases,
whether legal or equitable, originating
therein, or carried thereto from the
court of ordinary, and in all cases of
convictions of a capital felony, and for
the determination Of questions certi-
fed to it by the Court of Appeals; and
shall sit at the seat of government at
such times in each year as are or may
be prescribed by law, for the trial and
determination of writs of error from
the superior courts and of questions
certified to it as aforesaid. The pro-
visions of this paragraph shall become
effective on the first day Of January,
Ammo Domini 1907, but shall not affect
cases which, on that. date, are pending
in the Supreme Court, except that
cases then pending therein of the kind
of which the Court of Appeals has
jurisdiction may be transferred by the
Supreme Court to the Court of Ap-
peals. Any case thereafter carried to
the Supreme Court which is of the
class of which the Court of Appeals
has jurisdiction may be transferred to
the Court of Appeals, under such rules
as the Supreme Court may prescribe,
+ until otherwise provided by law; and
the Court of Appeals shall try the
cases so transferred
sec. 8. Be it further enacted, That
the Constitution OF this State be
amended by adding to section 2, of
article 6, a paragraph to be known as
paragraph 8, which shall read as fol
lows:
"'The Court of Appeals shall, until
otherwise provided by law, consist of
three judges, of whom two shall con-
stitute a quorum. 1t shall sit at the
seat of government and at such other
places as may be prescribed by law
"The Governor shall, Immediately on
the ratification of this amendment, call
an election, to be held on Tuesday
after the first Monday in November,
Ammo Domini nineteen hundred and
six, at which the judges of the Court
of Appeals shall be elected in the man
ner in which Justices of the Supreme
Court are elected. The returns of said
election shall be made to the Secretary
of State, and the Secretary of State
shall canvass the returns, and declare
the three persons receiving the great
est number of votes to be elected. The
terms of Office of the judges then
elected shall begin on the first day of
January, Ammo Domini nineteen hun
bred and seven, and shall continue re-
spectively two, four and six years, and
until their successors are qualified.
The persons so elected shall, among
themselves, determine by lot which OF
the terms each shall have, and they
shall be commissioned by the govern
or. All terms of the judges of the
Court of Appeals, after the expiration
of the terms aforesaid Except unex-
pired terms) shall continue six years,
and until their successors are quail
fed.
"'The times and manner of all other
elections, and the mode of filling va
cancy which causes an uneXpired term,
shall be the same as are or may be
provided for by the laws relating to
the election and appointment of JUS
tees of the Supreme Court. The
Court of Appeals shall have jurisdic-
ton for the trial and correction of
errors in law and equity from the SUI
perior courts in all cases in which
such jurisdiction is not conferred by
this Constitution on the Supreme
Court, and from the city courts of At
Ianta and Savannah, and such other
like courts as have been or may be
hereafter established in other cities,
and in such cases as may be hereafter
prescribed by law, except that where,
in a case pending in the Court of Ap-
peals, a question is raised as to the
construction of a provision of the Con-
stitution of this State or OF the United
States, or as to the constitutionality
of an Act of the General Assembly of
this state, and a decision of the Ques-
ton is necessary to the determination
of the case, the Court of Appeals shall
so certify to the Supreme Court, and
thereupon a transcript of the rec@rd
shall be transmitted to the Supreme
Court, which, after having afforded to
the parties an opportunity to be heard
thereon. shall instruct the Court of Ap-
peals on the question so certified, and
the Court of Appeals shall be bound
by the instruction so given. But, If by
reason of an equal division of opinion
among the Justices of the Supreme
Court, no such instruction is given,
the Court of Appeals may decide the
question. The Court of Appeals may
at any time certify to the Supreme
Court any other questions of law con-
corning which it desires the instruc-
ton of the Supreme Court for proper
decision and thereupon the Supreme
Court shall give its instruction on the
question certified to it, which shall be
binding on the Court of Appeals IN
such case. The manner of certifying
questions TO the Supreme Court by the
Court of Appeals, and the subsequent
proceedings in regard to the same in
the Supreme Court, shall be as the
Supreme Court shall by it's rules pre-
scribe, until otherwise provided by
law. No aff1rmance of the judgment
of the court below in cases pending
in the Court of Appeals, shall result
from delay in disposing of questions
certified by the Court of Appeals to
the Supreme Court. All writs of err
ror in the Court of Appeals, when re-
ceived by it's clerk during a term of
the court and hefnra the docket of