The Birmingham age-herald., 1920-05-02
JUNIUS M. RIGGS. LIBRARIAN

The legislature of 1911, acting large ly upon the suggestion of your asso- citation. established. pursuant to the provision of Section 140 of the consti- tuition, a court of appeals composed of three judges. which was intended to relieve the supreme court. When this court was first created there was con siderable difference of opinion as to the scope of it's power and jurisdiction, and in fact there was a division of opinion on the subject among the judges of the supreme court.
 The question was finally presented ,snd considered from three angles: First that it had absolute and final jurisdiction coordinate with the su- prcme court. and as to which the su- preme court would exercise no revisory power; second, that 1t was court of final appellate Jurisdiction except in so far as the supreme court might ex- ereise it's revisory powers expressly reserved unto it by Section 14O of the constitution, and which was largely ] discretionary with the supreme court and which revisory powers the creative act contemplated to the extent of main taining harmony between the opinions Of the two courts; third that said court was not only inferior to the su- preme court, but all of it's decisions should be reviewed and revised as to II. When the matter was finally pre-
 sented for determination a majority of the supreme court. in the case of the Louisville and Nashville Railway vs. Williams, 176 Ala. 36i, adopted theory No. as the proper as well as the most practical solution of the question. To have adopted the first theory would not only have been in the teeth of Sec tloh l40 Of the constitution. but would have. in fact. established two separate and distinct supreme courts. each inde- pendent of the other
 On the other hand. had the third con- tention been accepted the court of an peals would have been a burden in stead of relief. To nave held that all or US decisions shouli be reviewed 1 de novo would render it mere tenn | porary stepping place between the | trial court and the supreme court, and would. in effect giva parties two ap- neals in the small cares and only one l in the more important ones
 ! The result has hean tha4 this court 1 has to great extent proven a con ] siderable relief to the supreme court 1 though not as great as might be ex- 1 peeted when the many applications for
 eertiorari are considered. It is true that ! many of them are denied. but much | time Is nevertheless consumed In the | consideration of same, regardless of 1 the results. The court however. has | been well manned snd has been of
 considerable relief to the supreme court.
 P. w. Walker. Ed deGraffenried and John Pelham were appointed to he supreme court upon the creation of same. Judge deGrahenred was ap- pointed to the supremecourtupo lthe
 death of Judge Simpson. and E. P. Thomas succeeded judge deGraffen- rie6. Judge J. B. Brown became a member of the court by election, and k. P. Crum served a member dur ing short period. Judge Pelham, Brown and c. R. Bricken were elected n the general election of 1916 Judge Pelham died in 1917 and was succeeded ty w H Sanford. Judge Brown was appointed to the supreme court in 1919 10 succeed Judge Mayfeld. and was succeeded by il. P. Merritt Hon Alex
 ander Troy. your secretary. was made clerk of said court upon It's organlza-
 ton, which position he now holds JULIUS M. RIGGS, LIBRARIAN Any sketch or synopsis of the su- preme court would be incomplete which made no mention of the above named librarian and marshal who has