Americus times-recorder. [volume] (Americus, Ga.) 1891-current, 1906-08-11
A PROCLAMATION
ny his ExceIlency, Joseph M. Terrell.
Governor of Georgia.
Executive Department State Of Coon

Executive Department, State of Geor.
Sla, Atlanta, July 81 1906
whereas, The General Assembly. at
us session In 1906, proposed an amend
Inent TO the Constitution of this State
as set forth in an Act approved July
81, 1906, to-wit:
An ACT to amend paragraph /. of
section l, of article 6. of the Constitu.
tlon OF this State, and paragraph of
sectlon OF said article, and to add TO
said section a 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-
tlon; to define the jurisdiction of the
Supreme Court, and for other pur-
poses
"Section I. Be it enacted by the
General Assembly, That paragraph /,
OF section l, of article 6, of the Consti-
tuition OF this State be amended SO
that 1t 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
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 eacn 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. 8. Be it further enacted, That
the Constitution of this State be
amended by adding to section 2, of
article 6, 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
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 a 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 o
| errors in law and equity from the su
| perior courts in all cases in which
| such Jurisdiction is not conferred b.
this Constitution on the Suprem
| Court, and from the city courts OF AT
lanta and Savannah, and such othe
like courts as have been or may b.
| hereafter established in other cities
| and in such cases as may be hereafte
prescribed by law, except that where
in a case pending in the Court of Al
peals, question is raised as to tn
construction of a provision of the Cor
stitution of this State or of the Unite
| States, or as to the constitutiOnalit
of an Act of the General Assembly c
this State, and a decision of the queS
| ton is necessary to the determinatiO
of the case, the Court of Appeals shal
so certify to the Supreme Court, an
| thereupon a transcript Of the 'recor
shall be transmitted to the Suprem
| Court, which, after having afforded t
the parties an opportunity to be hear
thereon. shall instruct the Court of Al