The Birmingham age-herald., 1912-10-27
Five Associate Justices Re- quest Extra Session Be
 Called November '
CONSIDERATION OF
 NEW PROCEDURE
Members of Court of Appeals Invited to Participate in Conference-No Official Reply Received From
 Justice Dowdell

With the end in view that judicial meth ods may be simplified in Alabama by the adoption of new rules of practice, and that such rules may be adopted ''as will
 justly promote and promptly efrectuate
 the administration of the law in this state" five associate justices of the su- preme court have addressed an official | letter to Chief Justice James R. Dowdell asking that he convene a special term of court on November for the considera- | tion of new rules of practice and preced- ure.
 The official letter to Chief Justice Dow dell is signed by Associate Justices Thomas O. Mcclellan, Ormand Somerville,
 James c. Anderson, James J. Mayfield
 and Edward de Graffenreid. No official reply has yet been received from Chief Justice Dowdell, though 1t is expected that he will consent to convene a spe- cial term of the supreme court m re-
 sponse to the request of the associate justices.
 The action of the five associate justices of the supreme court In asking for a con- vention of the supreme court for the pur- pose of considering the adoption of new rules of practice, which authority Is granted the court under provisions of the code, is considered by lawyers probably the greatest step that has been taken towards judicial reform in Alabama since the organization of the court in 1S2o. In
 their letter to Chief Justice Dowdell the
 request is made that the members of the court of appeals be invited to participate in the conference.
 The opinion is expressed by the five associate justices that the supreme court should give consideration to the subject of rules of practice Tn this state, lf..rs abolishing and rearranging existing
 rules where needed, as well as the adop- tion of such new rues as will justly pro-
 mote and promptly effectuate the ad-
 ministration of the law in this state"
 The following is the full text of the letter addressed to Chief Justice Dow dell:
 Chief Justice J. R. Dowdell, Lafayette. Ala.
 Dear sir-The supreme court has conferred upon it the authority to es- tablish rules of practice in such court and all other courts of record in this state, not contrary to the provisions of
 the code'-Code, article 5955.
 Every court possesses the power of making it's own rules of practice, unless forbidden by law is the pertinent state ment appropriated and approved by this
 court in Cummings vs. Bradley, 57 Ala bama, page 237. In respect of matters tof practice in the chancery courts. of
 the state, the supreme court has in the past, exercised it's powers, designing thereby to simplify the practice, and to speed the hearing and final deterntn- alton of causes pending in the court of chancery Ex parte Branch, 63rd Ala
 bama, 3S3-3s5. That wholesome design
 with respect to practice and procedure in the chancery court should have ap- plication to methods of practice in all of the courts of the state
 We, the undersigned associate justices of the supreme court entertain the opin- ion that the supreme court should give consideration to the subject of rules of practice in this state, with the view to
 amending, correcting, abolishlng and re-
 arranging existing rules where needed as well as to the adoption of such new
 rules as will justly promote and promptly effectuate the administration of the law in this state: to the end that judicial
 methods may be simplihed, that legal costs of the appeals of contest of right may be reduced by eliminating useless
 matter from records in the appellate courts, that more adequate means for all of the members of the supreme court to investigate each appeal before an opln- ion Is written may be afforded and that
 reversals of judgment upon errors that
 do not prejudice the substantial rights Oi tHe party or the a1nerltS or the cause may be fairly ayerted.
 Tt is doubtless true that some changes in practice or procedure, desirable for the administration of the law, can only be effected by 1egslation-not, alone by court ordered rule. To this condition, If found, attention should. we think, be
 given; and such recommendation made
 to co-ord mate departments as will re-
 move obiestionabe features and allow
 the incorporation in our practice of meth
 ods more fin accord with n simple and ex-
 peditious system for the administration
 of justice
 ''The public service involved in recon
 sidering and recasting rules of prac-
 tice. as suggested. is one of great i'm
 portance and deserving. if undertaken, of
 ' fullest and most cautious considera- ton. -
 he members of the court of appeals
 being favored with like opportunities of
 observation and experience in the appel
 late service that members of the su-
 preme court have. should, if the work is
 entered upon. be urged to unreservedly
 collaborate with the members of the su-
 preme court In the undertaking.
 We, therefore, respectfully suggest a
 convention. for the purpose indicated. of
 the members of the supreme court and
 the members of court of appeals on
 Thursday, November ', 1912, in the con
 sultation room of the supreme court at
 the capitol; and that you, as chief jus.
 tice. extend to the members of the court
 of appeals an invitation to consider with
 the members of the supreme court the
 matter of rules of practice and procedure. Respectfully.