Americus times-recorder. [volume] (Americus, Ga.) 1891-current, 1906-08-25
A PROCLAMATION.
BY His Excellency, Joseph NJ. Terrell
Governor of Georgia.
Executive Department, State of Geor-


ment to the Constitution of this State.
as set forth in an Act approved July
81, 1906, to-wit:
An Act to amend paragraph 1, of
section 1, of article 6, of the Constitu-
ton of this State, and paragraph 5 of
section 2 of said article, and to add to
said section paragraph to be known
as paragraph 9, so as to provide for the
establishment of a Court of Appeals
and to define it's 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 1,
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:
"'The Supreme Court shall have no
original jurisdiction, but shall be a
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 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 APP
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. g. 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
q i1J, ell, Fol
lows:
1.-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
dred 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.
1.-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 tc
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 su
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
lanta 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, ano
thereupon a transcript of the record
shall be transmitted to the Supreme
Court, which, after having afforded tC
the parties an opportunity to be heard
thereon. shall instruct the Court of APP
peals on the question so certified, and
the Court of Appeals shall be bound
by the instruction so given. But, II 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 it's 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 its rules pre-
L. IT, Ill H.