Americus times-recorder. [volume] (Americus, Ga.) 1891-current, 1906-08-11

/ l.
.he Court of Appeals shall be bound
by the instruction so given. But. If nv
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 NAV
| at any time certify to the Supreme
court any other questions of law CON
ceFhlng which it desires the instruc-
tIon or the Supreme Court for proper
decision; and thereupon the Supreme
Court shall give its instruction on the
question certified to it, which shall he
binding on the Court of Anpeals i'm
such case. The manner of certifying
questions TO the Supreme Court by the
Court of Appeals, and the subseouenr
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 affirmance of the Judgment
Oh 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-
celYed by its clerk during a term of
the court, and before the docket of
the term is by order of the court
closed, shall be entered thereon, and
when received at any other time shall
be entered on the docket of the next
term, and they shall stand for hearing
at the term for which they are so en-.
tered, under such rules as the court
may prescribe, until otherwise pro
vided by law. The Court of Appeals
shall appoint a clerk and a sheriff of
the court. The reporter of the SUI
preme Court shall be reporter of the
Court of Appeals until otherwise pro-
vided by law. The first term of the
Court of Appeals shall be held on the
first Monday in January, Ammo Domi-
nj 1907. The laws relating to the SUI
preme Court, as to qualifications and
salaries of the judges, the designation
of other judges to preside when mem
berS of the court are disqualified, the
powers, duties, salaries, fees and term
of officers, the mode of carrying cases
to the court, the powers, practice, pro
cedure, times of sitting and costs of
the court, the publication of reports of
cases decided therein, and in all other
respects, except as otherwise provided
| in this Constitution, and until other
wise provided by law, shall apply to
the Court of Appeals, so far as they
can be made to apply The decisions
of the Supreme Court shall bind the
Court of Appeals as precedent
"Sec. a. Be it further enacted, that
whenever the above proposed amend
ment to the Constitution shall be
agreed to by tWo-thirds of the mem
bers elected to each of the two houses
of the General Assembly, and the same
has been entered on their journals,
with the yeas and nays taken thereon,
| the Governor shall, and he is, hereby
authorized and instructed to cause
said amendment to be published in at
least two newspapers in each congress
siOnal district in this State for the
period of two months next preceding
! the time of holding the next general
election.
"Sec. 5. Be it further enacted, That
the above proposed amendment shall
be submitted for ratification or rejec-
ton to the electors of this State at the
next general election to be held after
publication as provided in the fourth
section of this Act, in the several cleo
ton districts Of this State, at which
election every person shall be quail
| fed to vote who is entitled to vote for
members of the General Assembly. All
persons voting at said election in fa-
vor of adopting the proposed amend
ment to the Constitution shall have
written or printed on their ballot the
words, For Court of Appeals Amend
ment,' and all persons opposed to the
adoption of said amendment shall have
written or printed on their ballots the
words, Against Court of Appeals
| Attachment
"Sec. 6. Be it further enacted, That
the Governor be, and he is, hereby au-
thorized and directed to provide for
the submission of the amendment pro-
posed in the first, second and third sec
tions of this act to a vote Of the peo-
pie as required by the Constitution of
this State in paragraph 1, of section /,
Of article IS, and by this Act and If
ratified, the Governor shall, when he
ascertains such ratification from the
Secretary of State, to whom the re-
turns shall be referred in the manner
as in cases of elections for members of
the General Assembly, to count and
ascertain the results, issue his procla-
nation for one insertion in one of the
daily papers of this State, announcing
such results and declaring the amend
ment ratified.
Now therefore, I, Joseph M. Terrell,
Governor of said State, do issue this
2 my proclamation hereby declaring that
the foregoing proposed amendment to
the Constitution is submitted for rati-
, fcation or rejection to the voters of
, the State, qualified to vote for mem
bers of the General Assembly, at the
general election to be held on We'd
, nesday, October 3, 1906.
JOSEPH M. TERRELL, Governor
, By the Governor:
PHILIP COOK, Secretary of State.