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confidence of his clients and not only the respect but also admiration of his brethren at the bar and the presiding judges.
His scholarly attainments and erudition were shown in his pleadings, briefs and arguments, and his arguments were always lucid and logical. He loved the law but he loved literature more. It might be well said of him that the law was his vocation and literature was his avocation. He lived by the one and for the other. It has been well said that one's avocation calls him away from his vocation, such being the literal meaning of the word avocattion.
When Barrow County was created, Judge G. A. Johns, then presiding as Judge of the City Court, resigned, and Governor Slaton appointed Judge Mahaffey to fill the unexpired term. This he did with such marked ability and fairness that in 1916 he was re-elected without opposition and he held the position until the day of his death.
Judge Mahaffey, as a student, was a member of the Kappa Alpha Fraternity. He was a Mason and a member of the Royal Lodge Chapter, and was at one time Worshipful Master of Unity Lodge No. 36.
Judge Mahaffey's father was a Methodist minister and the son embraced the same religion and united with this church.
On the 16th day of December, 1873, he was married to Miss Evie Callahan, the daughter of Mr. and Mrs. John Callahan, of Jefferson, Georgia. To this union were born three sons, to-wit: Messrs. J. L., E. C., and C. 0. Mahaffey, and four daughters, to-wit: Mrs. J. E. McElhannon, Miss Ruth and Miss Lurlie Mahaffey and Mrs. Fannie L. Wilson.
MEMORIAL OF EARLY WINN BORN.
BY THE COMMITTEE. Early Winn Born, a member of this Association, departed this life on December 22, 1919, at his home at Atlanta, Georgia. He was a native of Gwinnett County, in this State, and was born at Norcross forty-five years ago. His earlier education was obtained in the common schools of the country, but when he reached a mature age he was matriculated at the State University at Athens, at which institution he took the A.B. course, and after his graduation in the academic department he continued his studies and thereafter graduated in the School of Law.
Immediately upon leaving college he entered upon the practice of the law, in which profession he continued in active work to the day of his death, with only an occasional incursion into the field of politics. Before coming to Atlanta to live, he was elected to the office of the Judge of the City Court of Lawrenceville, and the duties of this office he discharged with signal ability for one term, when he retired, to be thereafter elected to the office of State Senator from the district which included, among others, the County of Gwinnett. These two ventures in politics serve to indicate that had he continued in public life he would in all probability have enjoyed a successful and distinguished political career. However great the temptation to a young man to enter upon a political career which held so much of promise, the subject of this sketch wisely forebore and gave thenceforward his undivided attention to the law. He was a man of untiring industry in the study of the law, and soon reached distinction in his chosen profession and came to be one of the best equipped, most painstaking, careful and capable members of our profession.
Notwithstanding his devotion to his professional life, he was not unmindful of the social and religious obliga
tions which rest upon one occupying a conspicuous position in the life of the community. He became a member of the Masonic order, and was a Shriner in that order. He was as well a consistent and devoted member of the Methodist church, and was a stalwart defender at all times of the principles of the Christian religion.
For many years prior to his death he was associated as a partner in the practice of his profession with Judge Spencer R. Atkinson.
He was happily married in early life to Miss Dasie Dean, the sweetheart of his boyhood, and she, with one daughter just reaching maturity, survives him.
Measured by any standard his life, though brief, was a rarely beautiful and successful one. He had the happy faculty of drawing people to him and of holding always their confidence and their affection. He was of frail constitution but of strong and sturdy mental and moral fiber; one of the gentlest and kindliest of spirits, but stalwart in his devotion to the righteous principles which controlled through life his conduct and his thought. He was tender and considerate of the frailties of others, but uncompromising in his ayersion to ignoble thought and action. He may be best described as a good man; one who kept “his lips from evil and his tongue from speaking guile," and one whose life should be an inspiration to the youth of the country who may come after him.
Peace to his ashes.
REPORT OF THE PERMANENT COMMISSION ON REVISION OF THE JUDICIAL SYSTEM AND
PROCEDURE IN THE COURTS. To the President and Members of the Georgia Bar Association:
The Commission in its report at the annual session for 1919, embraced a proposed redraft of the Judiciary Article of the State Constitution.
This redraft and comments of members of the Commission thereon appear in the proceedings of the Association for 1919. See pages 148 to 165, inclusive.
A meeting of the Commission was held in Atlanta on March 6, 1920, but only three members, Mr. Alex. W. Smith, Mr. Orville A. Park, Judge J. H. Merrill, and the Secretary, were present.
Judge Merrill was requested to make a revision of the Article in the light of the comments above referred to. The revision by Judge Merrill was submitted to Mr. Smith, who made certain changes therein, and other changes have been made by the writer. The revision as now reported to the Association contains a much abbreviated Judiciary Article, and an Act carrying the same into effect. It is submitted herewith.
ANDREW J. COBB, Chairman.
PROPOSED ARTICLE OF THE CONSTITUTION RELATING TO
THE JUDICIARY. Section 1. The judicial power shall be vested in one Supreme Court, and in Superior Courts, in circuits now existing or that may be hereafter created by law, Courts of Ordinary, Justice of the Peace Courts, and such other courts as the General Assembly may from time to time establish. All courts not specifically mentioned by name in this section may be abolished by the General Assembly.
Section 2. The Judges of all the courts except the Courts of Ordinary shall be appointed by the Governor of the State by and with the advice and consent of two-thirds of the Senate. An Ordinary shall be elected in each county in the same manner as county officers are elected.
Section 3. The Supreme Court shall have such original and appellate jurisdiction as may be prescribed by law.
Section 4. The terms of office of all judicial officers shall be not less than four years; and the salary of such officer shall not be diminished during the term for which he shall have been appointed.
Section 5. It shall be the duty of the Justices of the Supreme Court, or a majority thereof, as soon as practicable to promulgate rules of pleading and practice in all the courts of this State, and regulatory of the transfer of cases from one court to another.
Section 6. The Supreme Court shall consist of a Chief Justice and not less than eight Associate Justices until otherwise provided by law,
Section 7. No person shall be eligible to the office of Justice of the Supreme Court or Judge of the Superior Court unless he be, at the time of his election, a citizen of the United States and of this State; and unless he shall have attained the age of thirty years, and shall have been a practicing lawyer at least seven years, or shall have been for a like period a judge or justice of a court of record, or have had service as a practicing lawyer and as such judge or justice for such period.
Section 8. The Chief Justice and the Justices of the Supreme Court, the six Judges of the Court of Appeals, now existing, and who may be in office at the time this amendment takes effect, shall constitute the Supreme Court until the expiration of their present terms of office under the existing Constitution and law, and until two years thereafter, and until their successors are elected and qualified; provided that no successor shall be appointed for the term of the three Judges of the Court of Appeals whose terms first expire hereunder, unless the General Assembly shall so provide.
Section 9. The Supreme Court shall be authorized to call to its assistance at any time one or more Judges of the Superior Court, and to assign them to such duties of that court as it may determine, and for such time as it may see fit. When performing these duties such Judges shall have all the powers of a Justice of the Supreme Court.
Section 10. The Supreme Court shall have the power, upon affidavit or otherwise, as by the court may be determined, to ascertain such matters of fact as may be necessary for the proper exercise of its jurisdiction.
Section 11. The Supreme Court shall hold one term each year be