be brought or submitted to the Supreme Court from the court of appeals. The foregoing provisions shall not apply to any case carried to the Supreme Court before the establishment of said court of appeals, except that the Supreme Court shall, without further legislation, transfer to the court of appeals, when established, all cases which by the terms of this paragraph are not within the jurisdiction of said Supreme Court, in which event the court of appeals shall try all said cases so transferred."

Sec. III. Be it further enacted by the authority aforesaid, That the Constitution of this State be amended by adding a new paragraph to be known as paragraph 9 of section 2 of article 6, which shall read as follows: "The court of appeals shall consist of a presiding judge and four associate judges. A majority of the court shall constitute a quorum and said court shall sit at the seat of government at such times in each year as shall be prescribed by law. When one or more of the judges are disqualified from deciding any case by interest or otherwise, the Governor shall designate a judge or judges of the superior courts to preside in said case. The presiding judge and the four associate judges of said court shall be appointed by the Governor by and with the advice and consent of the Senate, and the term of office of the judges so appointed shall expire on the first day of January, 1907, and at the general election to be held on the first Wednesday in October, 1906, the presiding judge and the fou associate judges of said court of appeals shall be elected by the people for the terms beginning on the first day of January, 1907, at the same time and in the same manner as the Governor and the State house officers are elected; at which election the presiding judge shall be elected for a full term of six years, and four associate judges shall be elected as follows: Two of said associate judges shall be elected for a term of four years and two of said associate judges shall be elected for a term of two years, After said first election all terms except unexpired terms, shall be for six years each. In case of any vacancy which causes an

unexpired term the same shall be filled by executive appointment, and the person appointed by the Governor shall hold his office until the next regular election and until his successor for the balance of the unexpired term shall have been elected and qualified. The salaries of the judges of said court of appeals shall be fixed by the Legislature at not less than three thousand dollars per annum for each judge, payable out of the treasury of the State. The court of appeals shall have jurisdiction for the trial and correction of errors from the superior courts and from the city courts of Atlanta and Savannah, and such other like courts as have been or may hereafter be established in other cities, in all cases in which jurisdiction is not conferred by this Constitution upon the Supreme Court. When a judgment of the court of appeals is taken to the Supreme Court of this State for review, the former court shall await the judgment of the latter before certifying the final result to the trial court. The General Assembly shall prescribe the officers for said court of appeals and the amount of compensation, and shall also prescribe in what manner cases shall be taken from the superior and city courts to the courts of appeals and in what manner cases shall be taken or certified from the court of appeals to the Supreme Court."

In addition the sub-committee was appointed to prepare an address to the people of the State setting forth the reasons why the proposed amendment to the Constitution was necessary, and was further directed to have a copy mailed to every lawyer in the State with the names of the committee to be signed to this address.

In obedience to this suggestion the following address was prepared and published in accordance with the terms of the resolution:

To the People of Georgia:

The proposed amendment to the Constitution of the State of

Georgia, providing for the establishment of a court of appeals, grows out of an imperious necessity for the immediate relief of the Supreme Court of our State.

It has been ascertained from actual experience that it is not practicable for the Supreme Court to dispose of the cases brought before that court within the time required by law, and in the manner required by law. The increase in the number of . judges has neither diminished the number of cases, nor the amount of labor imposed upon each judge. The accumulation of business, owing to the increase in population and wealth, and the number of city courts from which cases can be brought directly to the Supreme Court, and the vast variety of legal questions constantly arising, owing to our complex civilization, and the advancement of society, have imposed burdens upon the Supreme Court which will not permit that branch of the government to discharge its duties to the satisfaction either of the judges or the people, in the manner originally contemplated by law.

In order that the people may understand the manner in which cases are disposed of in that court, your attention is called to an extract from a paper read by Mr. Justice Andrew J. Cobb, before the Georgia Bar Association, at its last session, in July, 1902:

"From October, 1898, until February, 1900, all the justices presided in every case. The accumulation of business compelled the court to abandon this plan and hear arguments in division. Under this system the division which hears the argument, or to which the case is submitted, examines the record and agrees upon a tentative decision, and the justices to whom the case has been assigned makes another examination of the record and writes an opinion, which is read to all the justices. If the

division which has determined the case is satisfied that the opinion submitted properly deals with the case as shown by the record, and all the justices agree that the law of the case is correctly set forth, the opinion is filed. If the opinion is not satisfactory to all the justices present, the case is re-examined by them. It is not uncommon for this examination to result in another opinion being prepared, or the one first submitted being substantially changed. It is, and has been, the earnest purpose of all the justices to avoid, as far as possible, decisions. by a divided court, and when such a result seems probable, cases are often re-examined by all the justices again and again. When, however, a decision by a divided court is inevitable, one of the justices writes an opinion, expressing the views of the majority, and the dissenting justices, if there are more than one, agree which one shall express their views.

"The record in each case is closely examined twice: First, by the justices of the division hearing the case, which is always never less than two, and generally three; and second, by the justice who is to write the opinion. If there are any differences among the justices of the division hearing the case, the record is again examined by all the justices present for general consultation."

It is well known to the bar and the public that the accumulation of business was piled so fast upon the Supreme Court that at last they had to dispense with oral argument, much to the detriment of the litigants, as well as to the profession and the public generally.

When it is recollected that the court is continuously in session. from the first Monday in October until the latter part of July, and frequently until the middle of August, it will be observed at once how little time the court has for rest, and really how

little time for consultation and the preparation of opinions.. Over a thousand cases are to be decided by this court in a working year of three hundred days, of ten hours each, or three thousand hours; that is, the court must hear argument, examine the record, look up the law, consult, decide, and write the opinion in one case in every three hours, or in a little less time. It is enough to say that this cannot be done with satisfaction. to anybody. Therefore, relief must be had in some practical

way.

It has not been deemed wise to cut off the right of appeal, because every man feels that he ought to have the right, and we know of no one who is in a position to deny this right.

But there are many cases which can be appealed properly and justly to another and independent tribunal, qualified under the Constitution and laws to dispose of such appeals. This tribunal is suggested and submitted to the people in the form of a court of appeals. By the establishment of this court, the Supreme Court will be relieved of the labor of hearing all cases, but will have jurisdiction to dispose of all felony cases and all civil cases where the amount involved in money, or value of property, exceeds one thousand dollars, principal, and in cases respecting the title to land, habeas corpus cases, contempt cases, or cases where an Act of the General Assembly of the State of Georgia is sought to be set aside as being contrary to the Constitution of the State or of the United States; and, also, for the correction of errors of law from the court of appeals, whenever the Supreme Court shall sanction a certiorari from any judgment rendered by the court of appeals, or whenever the court of appeals shall certify to the Supreme Court any questions or propositions of law concerning which it desires the instruction of the Supreme Court for proper decision. All