The Birmingham age-herald., 1913-06-29
SUPREME COURT OF
STATE ANNOUNCES
. ORDER OF BUSINESS
New Rules of Procedure to
Go Into Effect in
September
JUDGE M'CLELLAN'S
FIGHT FOR REFORM
In Declaring Order Far-Reaching Step
Has Been Announced Looking
to Abolition of the One
Judge Decision

reaching step looking to the abolition ns
rounced by the supreme court of Ala
bama in declaring the order of busines
under which tfe court will operate on and
after September l.
BY this order of business, the justice to
whom record has been assigned shall, at
least 4S hours before the case is taken into
consultation, leave a copy of the appel
lant's brief with zach justice who is ex-
rected to participate, in the consultation.
This rule, however, will apply only IN
cases in which appellants counsel have
placed In the record sufficient number
OF copies of briefs, but the announcement
that copies of briefs will be given to the
other justices will have the effect OF caus-
ing counsel to make a sufficient numbe:'
for the use. of the entire court.
According TO lawyers, this order of busi-
ness is by far the most important step
the supreme court has even taken with
the exception of the new rule of practice
relative to reversals upon technical
grounds, and by riany it Is believed to
even pass that rule of procedure in real
Importance and as forward step looking
to judicial reform.
In past years the Alabama supreme
court has received a considerable share
of criticism and cs1sure by reason of the
fact that the one-judge decision was in
operation, and While the action of the
court in specifying that copies of briefs
should be furnished al the justices does
not indicate the entire abolition of the
one-judge decision, it is certain that it Will
go far ways toward correcting that evil
with the probability that the next year or
two will see the system entirely changed
Certain members of the supreme
court have been ardent advocates of the
plan to abolish the one-judge decision
system. Judge Thomas G. Mcclellan has
written numerous articles on the sub
ject and he has labored to correct the
system ever since he became a MEM
Der of the supreme court. To Judge Me-
Clellan belongs much of the credit for
the rule adopted by the court requir-
of the justices.
McClellan's Fight for Reform
When Governor O'Neal appointed a
commission to recommend certain judi
cial reforms to the legislature. lookine Z
to the correction of many evils exist
ing in the supreme, chancery and trial
courts, he found one of his warmest
supporters in Judge Mcclellan.
Judge Mcclellan Immediately began
to prepare certain recommendations
relative to changes to be made in judi
cial procedure, and he spent much time
with Judge John Pelham, chairman oi
the judicial commission, in assisting
the latter in collecting data to be pre-
sented to the legislature.
1t developed a short time after the
appointment of the judicial commission
that the Legislature would probably not
meet in extra session during the present
administration, and the labors of the
commission, which was dependent upor
the law making body, were temper
arily suspended
Judge Mcclellan then wrote a letter TO
Chief Justice James r. Dowdell of the
supreme court, asking that the two ap-
pellate courts be called into special ses-
sion for the purpose of adopting new
rules of practice. This letter was signed
by the majority of the justices of the
higher court, and Judge Mcclellan con-
sented to convene the courts In specia
session
Asks for Sessions of Courts
The letter of Judge Mcclellan asked that
new rules be adopted with the view to
amending, correcting, abolishing and re-
arranging existing rules where needed, as
well as to the adoption of such new rules
as will justly promote and promptly ef-
fectuate the administration of the Law
in this state; to the end that judicia
methods may be simplifed, that lega
costs OF the appeals Of contests of rights
may be reduced by eliminating useless
matter from records in the appellate
courts, that more adequate means for al
of the members of the supreme court to
investigate each appeal before an opinion
is written may he afforded, and that re-
versals of Judgments upon errors that dc
not prejudice the substantial rights of the
parties or the merits of the case may be
fairly averted."
Many of these suggestions have beer
carried out by the supreme court in thu
new rules Of practice which have beer
adopted for tie supreme and trial courts
and the suggestion that more adequat,
means be afforded the members of the s,
preme court to investigate an appeal be
fore an opinion is written has also founC
favor In the new order of business under
which the court will operate in the fu
ture.
The following is the rule relating to the
new order of business which has beer
adopted by the supreme court:
I'm cases in which appellants counse
nave placed IN the record u SuHlclent mum
Der of copies of briefs, the justice to whom
the record has been assigned shall at leas
IS hours before taking the case into con
ference leave copy or the appellant!
brief with each justice, who is expecrec
to participate in che consideration of the
case, with The statement that he has pre-
pared an opinion in said case, and wher
he expects to read 1t, in order that The
justices may read said brief before tn,
case is considered in consultation.
''If the case is written to a reversal ant
there are copies ot the appellee's briefs
they, too. must be distributed before the
consultation. If Tor any reason all tn.
justices have not read the briefs wher
the case Is brought up In consultation, the
writer of the opinion must read. in con.
nection with the statement of the case
the briefs of the party against whom the
opinion Is written.
This rule is not imperative as to cases
that were orally argued
COMMITTEE TO MEET