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COURT OF "APPEALS OF GEORGIA

The Seal of the Court of Appeals of Georgia
An interesting but little known historical fact is that the Seal of the Court of Appeals is taken from the reverse side of the Great Seal of the State of Georgia while its brother appellate court takes its Seal from the face side of the Great Seal.

COURT OF APPEALS OF GEORGIA

A. W. BIRDSONG, JR., Chief Judge

BRASWELL D. DEEN, JR., Presiding Judge

JOHN W. SOGNIER, Judge

WILLIAM LeROY McMURRAY, JR., Presiding Judge

MARION T. POPE, JR., Judge

HAROLD R. BANKE, Presiding Judge

ROBERT BENHAM, Judge

GEORGE H. CARLEY, Judge DOROTHY TOTH BE/.SLEY, Judge

VICTORIA McLAUGHLIN Clerk

WM. SCOTT HENWOOD Reporter

1987

Chief Judge A.W. ("Buck") Birdsong, Jr., a native of LaGrange, Troup County, Georgia (his family having settled in Troup County in 1826), was born January 30, 1925, to A. W. Birdsong and Bessie Viola Cofield Birdsong. Graduated from LaGrange High School (1942), attended Marion Military Institute, Georgia Military Academy, United States Military Academy and received his LL.B. from the University of Georgia Law School in 1951. Member of the Phi Delta Theta social fraternity, Phi Alpha Delta legal fraternity (where he served as Chief Justice), and the Honor Court in law school.
Served thirty-nine months in the U.S. Army. Practiced law in LaGrange, Georgia, primarily as a trial attorney. Formed law firm of Richter & Birdsong in 1955. Appointed Juvenile Court Judge of Troup County, Georgia, in 1958, and served until 1976.
Served as Chairman of the Democratic Committee of Troup County; co-founder of Peoples Bank of LaGrange (now Trust Company Bank of Troup County, where he now serves as Chairman of the Executive Committee and Chairman of the Bd. of Directors) member of the First Baptist Church of LaGrange; former Chairman of the Board of Deacons; former Secretary of LaGrange Development Authority; a member of the American Bar Association; Former Chairman of the Membership Committee of J.A.D. of the American Bar Association; member of the State Bar of Georgia; a member and past president of Troup County Bar Association; a member and past president of the Coweta Bar Association, past president of LaGrange Jaycees, past president of LaGrange Lions Club, past president of Highland Country Club, former member of the Moose and Elks Clubs; director of RSB Fiberglass Forms, president and owner of Lakeshore Properties, Inc., former Trustee of Tift College, and formerly Trustee of Camp Viola, Inc.
Appointed to the Georgia Court of Appeals by Governor George D. Busbee on July 28, 1977.
Married to Sarah Elizabeth Cliatt Birdsong, the daughter of William Leslie Cliatt and Pauline Price Cliatt, on September 16, 1948. Three daughters: Nancy Leslie Birdsong Whitford, Sarah Elizabeth Birdsong Vann (a lawyer), and Katherine Guinn Birdsong. Two grandsons: Andrew Weston Vann and Gary Milton Whitford, Jr.
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Presiding Judge Braswell D. Deen, Jr. (former Chief Judge and Associate
Judge), son of u.s. Representative
Braswell D. Deen and Corinne Smith Deen, born Telfair County 1925, reared Alma, Ga., resides in Atlanta; has served on the Court of Appeals of Georgia since 1965, appointed by Gov. Carl E. Sanders. 1st Division, U.S. Marine Corps, WW II, Peleliu invasion, Purple Heart for combat wounds received in Okinawa invasion. B.A.LL.B., University of Georgia, 1950; President, Pi Kappa Alpha Fraternity; Vice President, Delta Theta Phi Legal Fraternity. State Representative, Bacon County, 1951-54, 1957-60; authored Georgia Women Jurors Bill, doubling available jurors; member, University of Georgia Special Legislative Committee which led to creation of Georgia State University as a separate institution. Practiced law Bacon County 15 years; senior partner, Deen & Powell and Deen & Jacques; County Attorney 10 years; received numerous civic, church, and community recognitions, including State Gerontology Award, 1980 National Sons of American Revolution "Good Citizens Medal," and presidency of "Alma Champion Hometown" Council, Alma winning 1st Place State Improvement Award; was named one of Jaycees' "Five Outstanding Young Georgians." Designated Chess Expert, elected President Georgia Chess Association; received Second Place Ga. State Chess Championship Award and Second Place Trophy in Jacksonville, Fla., Chess Open. Professor of Constitutional Law and Appellate Advocacy at two Atlanta evening law schools; former adjunct professor at Oglethorpe University, teaching Evolution vs. Non-evolution: Human Origins from a Law-Science and Philosophical Perspective. Nationally known lecturer on "Origins," "Crime Causes & Constitutional Curriculum Cures," and "Improvement of America's Criminal Justice System." Married to Jean Buie Deen, an interior decorator, (former choir director); two sons, Braswell III (medical student) and Sanders (law student). Elected public of ficial for 33 years, the last 28 without opposition. Member: State Bar of Georgia; A.B.A., Appellate Judges, Individual Rights, and Science and Technology Sections; A.A.A.S.; Gridiron; Masons. Trustee, Georgia Legal History Foundation, Inc.; former trustee, layleader, teacher, and Chairman of Admn. Board, Methodist Church; former Deputy District Governor, Lion's Club. Hobbies: genealogy, anthropology, science.
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Judge George H. Carley of Decatur was born in Jackson, Mississippi on September 24, 1938 to George L. Carley, Jr. and Dorothy Holmes Carley. He moved to Decatur, Dekalb County, Georgia in 1948. He graduated from Decatur High School in 1956 and received his AB. degree from the University of Georgia in 1960. He also received his LL.B. degree from the University of Georgia School of Law in 1962. While at Georgia, Judge Carley was a member of AT.O. Social Fraternity, Pi Sigma Alpha Political Science Honor Society, and Phi Delta Phi Legal Fraternity. He served in the U.S. Army Reserve 1956-1964; Active duty 19561957.
After being admitted to the Bar in 1961, Judge Carley practiced law briefly in Atlanta. From 1963 until his appointment to the bench, Judge Carley engaged in the private practice of law in Decatur. He was the attorney for the Housing Authorities of Decatur and of DeKalb County 1964-1979, and he served in the Georgia House of Representatives in 1966, and was a member of the House Judiciary Committee. In 1968, he served as Legal Counsel to the Majority Leader of the House of Representatives. He was partner in charge of litigation with the Decatur firm of McCurdy & Candler 1971-1979. Judge Carley was appointed to the Court of Appeals of Georgia by Governor George D. Busbee on April 5, 1979, and was elected to a full six-year term in 1980. He was reelected to another six-year term at the 1986 General Election.
Judge Carley is a member of the State Bar of Georgia, the American Bar Association, the Lawyers Club of Atlanta, the Old Warhorse Lawyers Club, and Gridiron Society. He is a member of the University of Georgia Law School Association Council and a Trustee of the Georgia Legal History Foundation, Inc. Judge Carley presently serves on the Board of Directors of Decatur Federal Savings and Loan Association. He is a member of Pythagoras Lodge No. 41, F.&AM., member and Past Exalted Ruler of Decatur Lodge No. 1602 of the Benevolent and Protective Order of Elks, and a communicant of Holy Trinity Episcopal Church in Decatur. He married Sandra M. Lineberger in 1960, and they have one son, George H. Carley, Jr. (23).
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Judge John Woodward Sognier is a native of Savannah, Ga. He was born December 17, 1919 to Joseph W. Sognier and Viola Trott Sognier, both natives of Savannah. Judge Sognier was educated in the public schools and graduated from Savannah High school. He attended Columbus Univ. Law School in Washington, D.C. (now Catholic Univ.).
Judge Sognier entered the armed forces in Jan. 1942 and was commissioned in the Infantry. Transferring to the Air Force he served as a fighter pilot flying 59 missions in the European Theater. Later he commanded a fighter squadron in India Burma. Judge Sognier served on recall in the Air Force during the Korean War. Judge Sognier is the recipient of several Air Medals and the Distinguished Flying Cross.
After World War II, Judge Sognier was admitted to the Georgia Bar January 1, 1946 and began practice with the Savannah firm of Kennedy, Jenkins and Oliver. The firm later became Kennedy and Sognier, and Judge Sognier remained with the firm until 1980 when he was appointed to the Georgia Court of Appeals.
Judge Sognier served in the General Assembly of Georgia 195556, was Chatham Co. registrar 1957-60 and Chatham Co. attorney 1960-68. A trial lawyer, Judge Sognier is a fellow of the American College of Trial Lawyers and served on the Board of Bar Examiners 1974-79 and the Fitness Committee 1978-80.
Judge Sognier had two children, John and Anne. John, a Second Lt. was killed in action, Vietnam 1967, leaving a daughter, Jessica. Anne, married to Dr. Morgan Murray, resides in Savannah, Ga. and has three children, Morgan, Charles and Mollie. Judge Sognier is presently married to the former Loretto Boswell of Atlanta.
In 1980 Judge Sognier was appointed to the Court of Appeals by Governor George Busbee. Elected to a 6 year term in 1981 Judge Sognier was reelected in 1986 for a second 6 year term which he is presently serving.
Judge Sognier, an Episcopalian, is former Senior Warden of Christ Church, Savannah and is a Mason and Shriner.
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Judge Marion T. Pope, Jr., was born September 28, 1927, in Upson County, Georgia, to Marion T. Pope, Sr., and Hulette Irene Clarke Pope. Shortly after his birth he moved with his family to Canton, Georgia. After graduating from Canton High School in 1945, he entered North Georgia College in Dahlonega with dreams of becoming an architectural engineer. These studies were interrupted by World War II. He left college and entered the Navy, serving two years on board a LSM (Landing Ship Medium) sailing to China, Japan, and back home.
After service, he entered South Georgia College in Douglas, Georgia, to study accounting. Later he entered the University of Georgia, graduating with a BBA, and in 1953 received his LL.B. Upon graduation he entered law practice with Thomas Andrew Roach in Canton, Georgia, but after a major fire that destroyed their office, he entered law practice with Albert Henderson, Sr. Judge Pope is currently working on his LL.M. degree from the University of Virginia.
Appointed to Blue Ridge Judicial Circuit on March 24, 1967, Judge Pope served in this capacity until January 5, 1981. At this time he was appointed to Georgia Court of Appeals by Governor George D. Busbee. On November 2, 1982, Judge Pope was elected to a six-year term on this court.
Judge Pope has served in these capacities: President, Blue Ridge Bar Association; President, Council Juvenile Court Judges, 19721973; Member, Advisory Council for Probation; past member, State Crime Commission; Administrative Judge for Ninth Circuit District; Chairman of Council of Administrative Judges; Chairman of Judicial Council and Judicial Planning Commission, 1977-1978; Trustee, Kennesaw College; Governor's Judicial Process Review Commission, 1985; President, University of Ga. Law School Assoc. 1985-1986; Deacon First Baptist Church of Canton.
Marion married Judith Anita Few, the daughter of Ignatius Leo Few and Edith Nix Few, July 9, 1966, in Pickens, South Carolina. Judith graduated from Columbia College in Columbia, South Carolina, in 1965. After graduating she taught in Cherokee County School System as Choral Director. Judge and Mrs. Pope are the parents of three children; Marion Thomas Pope, III, Jonathan Andrew Pope, and Jennifer Leah Pope. The Popes attend First Baptist Church, where they have served in different areas since 1966.
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Judge Robert Benham, a life-long resident of Georgia, was born September 25, 1946, to Jessie Knox Benham and Clarence Benham in Cartersville, Georgia. He graduated from Summer Hill High School in Cartersville in 1963, and Tuskegee Institute [B.S. Political Science) in 1967; attended Harvard University; and graduated from the University of Georgia, Lumpkin School of Law, [J.D. Degree) in 1970.
After completing law school, Judge Benham served in the U.S. Army Reserve, attaining the rank of Captain. He then served briefly as a trial attorney for Atlanta Legal Aid Society, Inc., later returning to Cartersville, where he engaged in the private practice of law, served as Special Assistant Attorney General, and served two terms as President of the Bartow County Bar Association.
Prior to joining the Court of Appeals, Benham served as a member and board member of numerous charitable, civic, and legal organizations: Coosa Valley Area Planning & Development Commission; Cartersville-Bartow County Chamber of Commerce; Bartow County Development Authority; Coosa Valley Regional Service & Development Corporation; Georgia Association of Black Lawyers; Georgia Trial Lawyers Association; Association of Trial Lawyers of America, National Bar Association, and the American Bar Association. He also serves as a deacon and Sunday School Superintendent at the Mt. Olive Baptist Church in Cartersville, where he is very active in church affairs.
Judge Benham's appointment to the Court of Appeals of Georgia by Governor Joe Frank Harris on April 3, 1984, and his subsequent election without a runoff, represented the first time a black has held a statewide position in modern times.
An avid woodworker, Benham spends his leisure time with his sons, making wooden toys and music boxes. He is married to the former Nell Dodson of Cartersville and they have two sons, Corey Brevard Benham and Austin Tyler Benham. Nell is a graduate of Albany State College, and she teaches in the Business Education Department of the Bartow County School System.
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Judge Dorothy Toth Beasley is the daughter of Judge Stephen Toth, retired, Bergen County Court, New Jersey and Beatrice Elizabeth Dodd Toth. Sister Stephanie Wells and family reside in Gainesville, Ga., and sister Virginia Palmer and family in Woodstock, Vt. She graduated from Eastern Academy, St. Lawrence University, and American University Washington College of Law (LL.B.). Judicial education has continued at the National Judicial College and the University of Virginia (LL.M. in the Judicial Process). Judge Beasley studied the English legal system at Oxford University and has also participated in the Program of Instruction for Lawyers at Harvard, the Appellate Judges Seminar at NYU, and the "Justice and Society" Seminar at the Aspen Institute.
After working for the U. S. Department of State, she attended law school and worked part-time for a congressman, a law firm, and the Urban Land Institute. Her first job as a lawyer was as law clerk to the 3 circuit court judges in Arlington County, Virginia, where she then practiced with Shadyac, Berg & Nolan. Upon being brought to Georgia by William H. Beasley, Jr., she worked first for the law firm of Fisher & Phillips in Atlanta, then was an Assistant Attorney General for the State of Georgia and thereafter an Assistant U. S. Attorney, Criminal Division. In 1977 she was appointed by Governor George Busbee as Judge, State Court of Fulton County. She was elected in 1978 and, while running unopposed for reelection in 1984, was appointed to the Court of Appeals by Governor Joe Frank Harris. A full term, following election, began January 1987.
Judge Beasley has served on the board of directors of the National Center for State Courts and the American Judicature Society. She remains a member of both organizations and the American Law Institute and other bench and bar-related organizations. She was on the Judicial Article Subcommittee of the Select Committee on Constitutional Revision, for the 1983 Constitution of Georgia. She has been on State Bar committees such as Reducing Court Costs and Delay, Correctional Facilities and Services, and currently Judicial Procedure and Administration. She belongs to the Lutheran Church of the Redeemer and has served in local and national church-related capacities. Judge Beasley has participated in both Leadership Atlanta and Leadership Georgia.
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The Courtroom Court of Appeals of Georgia
The inscription over the bench reads "Upon the integrity, wisdom and independence of the judiciary depend the sacred rights of free men."
The Court's credo and motto was conceived and formulated by Chief Judge Jule Wimberly Felton.
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Court of Appeals of Georgia
1907-1987

The Court of Appeals of Georgia is unique among American

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appellate tribunals, It is not an intermediate court such as exists

in most states. Rather, this Court may be described as a court of

final jurisdiction, subject to certiorari, with statewide original ap-

pellate jurisdiction of all cases except those involving constitu-

tional questions, land title disputes, equity, the construction of

wills, murder, election contests, cases involving the revenues of

the state, habeas corpus and extraordinary remedies, divorce and

alimony, and except where original appellate jurisdiction lies

with the superior courts. The Court of Appeals may certify such

legal questions as it may wish to the Supreme Court. However,

certification is rarely used, and in practice the Supreme Court has

limited the exercise of its right of certiorari.

Comparative statistics demonstrate the yearly increase in the number of cases considered by the Court of Appeals. Indeed, over the last ten years the Court's work load has increased approximately 82 percent; in 1983, on the basis of the number of cases decided by each judge, the Georgia Court of Appeals was ranked the busiest appellate court in the country. Despite this greatly increased case load, however, this Court is noted for its prompt rendition of quality decisions. Statistics also accentuate the finality of decisions rendered by the Court of Appeals. Over the past several years, in only approximately 25 percent of the cases decided by the Court of Appeals were there applications for certiorari, thus making approximately 75 percent of the Court's decisions absolutely final. During this same time, the Supreme Court has agreed to review only 15 to 16 percent of the applications for certiorari, and has affirmed approximately 450/0 of those reviewed. This means that approximately 98% of this Court's decisions are final decisions.

Most opinions of the Court of Appeals are officially reported in full in the Georgia Appeals Reports and the Southeastern Reporter, and are annotated in the leading legal publications. The Georgia Appeals Reports through November 1986 numbered 180 volumes and is increasing by four to five volumes annually. Incidentally, major publishers of law books and periodicals report that each judge of the Court of Appeals personally writes and publishes more opinions than do the individual judges of any other appellate court in the nation. An illustration of the impor-

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tance of these decisions is found in Gooding v. Wilson, 405 U.S. 518, rendered March 23, 1972. In deciding an appeal involving construction of then Code 26-6303, Georgia Code 1933, dealing with abusive or obscene language, the Supreme Court of the United States stated: "We were informed in oral argument that the Court of Appeals of Georgia is a court of statewide jurisdiction, the decisions of which are binding upon all trial courts in the absence of a conflicting decision of the Supreme Court of Georgia. Federal courts therefore follow these holdings as to Georgia law." [Page 525].
The first sessions of the Court of Appeals were held in what had been the single courtroom located in the State Capitol building. It was used in the afternoons by the Court of Appeals and in the mornings by its brother tribunal. This same courtroom continued to be used by both courts, sitting on separate days, until the State Judicial Building was completed in 1956. A report of the dedication proceedings of the present courtroom appears in 93 Ga. App. 901. The speakers properly noted the motto engraved upon the marble wall behind the bench: "Upon the integrity, wisdom and independence of the judiciary depend the sacred rights of free men." This credo was conceived and formulated by Chief Judge Jule Wimberly Felton, as documented in the memorial service for Judge Felton held June 7, 1979, and reported in 243 Georgia XXIX, XXX, and XXXVII. These thought-provoking words have served well for many years and continue to inspire the Court of Appeals.
At one time, the Chief Judge was elected by the court and served in that capacity at the pleasure of the Court. Presently, the position of Chief Judge is rotated, usually for a two-year term and upon the basis of seniority of tenure on the Court. By statutory authorization the Chief Judge appoints the Presiding Judges, who are the only Judges who remain in place in their respective divisions. All other Judges rotate annually among the three panels. The Court wisely instituted this procedure to avoid the stereotyping of both Judges and opinions, to diffuse the judicial power, and to permit each of the Judges the privilege of serving with all. Coincidentally with the adoption of its rotation system, the Court eliminated the long-time practice of assigning all its criminal cases to one division. This was a most progressive step, as it eliminated the continued control of this enormous judicial power by only three men.
The Court of Appeals of Georgia completed eighty years of existence on January 1, 1987. What were its origins? Why was it cre-
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ated? How has it performed during nearly eight decades?
"The Court of Appeals of Georgia was established because it was an absolute necessity." Coincidentally-and without knowledge that the identical words were used by the other chroniclers-three legal historians used that specific sentence in their narratives, even though each wrote at a different time. They were Judge Warren Grice in 1931, Judge Robert H. Jordan in 1962, and Attorney General Arthur K. Bolton in 1975. Each of them reached the same conclusion by independent research. The basis for this identity of conclusions is demonstrated by the plight of the Georgia Supreme Court in 1890. The number of appeals reaching the state's single appellate tribunal had become so overwhelming that "Relief of the Supreme Court" became a discussion topic at every annual meeting of the Georgia Bar Association and wherever lawyers congregated. How did this critical situation come about?
Georgia had been a state for seventy years before it acquired a Supreme Court. Until the Supreme Court was established in 1845, Georgia was the only American commonwealth having a judicial system without an appellate court. At its creation, the first bench consisted of three justices elected by the House of Representatives.
During its first fifty years the work load imposed upon the three Justices increased steadily. The first move by the organized bar to alleviate the case load on the Supreme Court came at the Bar Association's 1895 annual meeting in Atlanta, held at the Cotton States and International Exposition. This was occasioned by the electorate's having voted the previous October against a constitutional amendment which had sought to increase the number of Justices on the Supreme Court from three to five.
It is in the records of this 1895 meeting that we find for the first time a proposal to create a court of appeals. Pages 20 through 42 of Volume Twelve of the Georgia Bar Association Reports contain a symposium on the subject "Relief of the Supreme Court of Georgia: Is the Remedy One or More Intermediate Courts?" Z.O. Harrison, then Clerk of the Supreme Court, argued: "Let the Legislature establish a competent intermediate court, a court which will command the confidence and respect of the bar and of the people. and establish it, too, upon such terms as will make its entrance easy so that every litigant and suitor can enter this court upon terms quite as easy as those upon which he can now enter the Supreme Court by writ of error." [Page 23].
Among other ideas proposed were establishment of two su-
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preme courts, one for criminal cases and another for civil; abolition of the contingent fee; restriction on the right to appeal; and limitation as to the class of cases which could be carried to the Supreme Court. To lawyers of the present generation who have experienced the transformation of criminal law into a complex subject amounting almost to specialization, it is interesting to observe Mr. Harrison's comment that "[t]he criminal cases going to the Supreme Court do not usually involve difficulty to the court. The law is so well settled that the court disposes of the criminal cases with very little labor, so that the relief would amount to but very little practically." [Page 32]. The group declined to consider the novel idea "to establish the right of trial by another jury ... and have a trial by a first and second jury before a case can go to the Supreme Court." [Page 37].
With tort law a major portion of today's practice, it is also interesting to observe that one suggestion was to divide the Supreme Court into two benches, "[o]ne for civil business and one for criminal cases and cases arising from torts, which would be about an equal division of the work." [Page 173].
Of particular interest are the detailed presentations of W. W. Gordon, Jr., of Savannah and Joseph Hansell Merrill of Thomasville, which appear as Appendix 10 and 11 respectively. These papers dealt with a bill prepared by Superior Court Judge Pope Barrow of Savannah, which would have created five district courts of appeal. The bench was to be composed of jurists serving in the superior and city courts in the district who would be designated to handle the business of these courts of appeal. Atlanta, Athens, Savannah, Columbus, and Macon were suggested as the locations where the district courts would hold their sessions. Judges were to be paid from the State Treasury at the rate of 4 cents per mile for travel and $4 per day for services.
Nothing further was done at this time towards the creation of another court, but in 1897 the Supreme Court was increased to six judges. This increase in personnel apparently failed to provide a solution, as five years later, at the 1902 Bar Association session held at Warm Springs, there was another symposium on the subject. The basis of this discussion was a paper delivered by Justice Andrew J. Cobb captioned: "The Judicial System of Georgia: Its Defects; What Changes Are Necessary to Bring About a More Harmonious and Orderly System and to Relieve the Supreme Court." This paper appears as Appendix I in 19 Georgia Bar Association Reports [pages 183-195.] It recites statistics demonstrating that it was not humanly possible for the Supreme Court Justices to
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perform their task. Justice Cobb noted, "The working hours of the Court for hearing argument and consultation have been, since October 1897, from 9 a.m. to 1 p.m. and from 3 p.m. to 5 p.m. in the Fall and Winter and 6 p.m. in the Spring and Summer. These hours, however, do not represent all of the working hours of the Justices." [Page 187].
Among proposals mentioned in this paper were limitation of oral arguments, disposition of many cases by a written synopsis of the points decided, limitation of the number of written opinions, an increase in the number of Justices and the number of divisions, limitation as to monetary amounts, and restriction of jurisdiction. Justice Cobb observed that "[s]ome favor an intermediate appellate court, from which a writ of error to the Supreme Court will lie only in certain cases." [Page 192].
Judge Barrow again submitted his Bill to create district courts of appeal from the trial courts of the respective districts, but limited to three districts rather than five. Each Judge was to be paid 3 cents per mile and $5 per day "for each day court is in session and he is sitting."
The 1902 symposium, the account of which covers pages 35-46, terminated with passage of a motion for appointment of a committee to draft a curative statute. Page 83 gives the names of members of a statewide committee composed of an eminent attorney from each Congressional District designated to prepare "Legislation for the Relief of the Supreme Court." Among these committeemen were such legal luminaries as Washington Dessau from Macon, Samuel B. Adams from the First District, Arthur Gray Powell from the Second District, Hoke Smith from the Fifth District, and Marcus W. Beck from the Sixth District. Adams of Savannah later served in 1903 as an interim appointee on the Supreme Court bench. Powell became one of the first three Judges of the Court of Appeals. Smith was later Governor and United States Senator. Beck subsequently served on the Supreme Court for 32 years.
This committee reported at the 1903 annual meeting held at Tallulah Falls, a favorite meeting place for the Bar Association in those halcyon days when memberships in the voluntary Georgia Bar Association meant prestige as well as an opportunity to work for the betterment of the legal profession. Two constitutional amendments were suggested. One provided that a civil case could not be appealed to the Supreme Court unless the amount involved exceeded $500.
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The second amendment proposed to create a Court of Appeals. It was to consist of a Presiding Judge and four Associate Judges, with salaries of not less than $3,000 per annum. Jurisdiction was co-equal with that of the Supreme Court "for the trial and correction of errors from the Superior Court and from the City Courts of Atlanta and Savannah and such other like courts ... in all cases in which jurisdiction is not conferred by the constitution upon the Supreme Court." The report was adopted with the requirement that a copy be mailed to every Georgia lawyer, along with a condensation of the 1902 address of Justice Cobb. The report was also addressed "To the People of Georgia" and concluded as follows: "To a people numbering now largely more than two millions, active in every commercial enterprise, advancing rapidly along all the best lines of civilization, spreading an influence all over the Union and determined to hold the State's place as the Empire State of the South, this measure is commended as a step forward and upward, for the honor and glory of the Commonwealth of Georgia." [Page 143].
Despite this modern-seeming public relations ploy, the bill, which in October 1902 was introduced by John M. Slaton (who later became a Governor of Georgia), languished in the Legislature until 1906. In that year Peter W. Meldrim of Savannah (later President of the American Bar Association) activated the move "to see that proper legislation is passed for the relief of the Supreme Court, looking to the p-stablishment of a court of appeals." (23 Ga. Bar Association Reports 36). Again Justice Cobb spoke at length concerning the plight of the appellate court's swollen docket and the strain upon the health of the Justices seeking to perform an impossible task. He commented: "I think it is unfortunate that it has been termed a movement for the relief of the Supreme Court. It is a movement in behalf of the administration of the law, for the relief of those whose lives, whose liberty, whose property is involved, those who have been given under the constitution of the state the right to have an adverse decision reviewed." (Page 37).
The legislative activity of the organized bar finally succeeded. On July 31, 1906, a bill was approved almost unanimously, with only four votes in opposition, whereby there was to be submitted to the electorate an Amendment to the State Constitution "to provide for the establishment of a Court of Appeals, and to define its powers and jurisdiction; to define the jurisdiction of the Supreme Court and for other purposes." (1906 Ga. Laws, p.24).
Under this constitutional amendment the jurisdiction of the two appellate courts in civil cases depended upon the identity of the
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court in which the case originated. The Supreme Court was to have exclusive jurisdiction in capital felonies. Additionally, it was to determine questions certified to it by the Court of Appeals. The Court of Appeals was mandated to certify to the Supreme Court all state and federal constitutional questions and was privileged to "certify any other question of law concerning which it desires the instruction of the Supreme Court for proper decision." Although the amendment also provided that "[t]he decisions of the Supreme Court shall bind the Court of Appeals as precedents," each was a court of final jurisdiction. The amendment was to become effective upon ratification by the electorate; this occurred at the general election of October 3, 1906.
The election of Judges followed on November 6, 1906. There were sixteen candidates; the three receiving the most votes were to form the first bench. Arthur G. Powell of Blakely (who together with Logan E. Bleckley is regarded as among the very great appellate court judges) wrote in his fascinating book, I Can Go Home Again, that the original Bar proposal was for the Governor to appoint the Judges. Governor Terrell had agreed that the three to be named would be H. H. Perry of Gainesville, Henry C. Peeples of Atlanta, and Powell. The House had altered this proposal to require that the Judges be elected by the people. The Bar Association then asked these three lawyers to become candidates, and only Mr. Perry declined. The newspapers first announced that the three receiving the highest votes were Russell, Powell, and Peeples. When the final returns were tallied, it was learned that Benjamin H. Hill, the son of Georgia's great United States Senator Benjamin Harvey Hill, had defeated Peeples by a few votes.
The original minutes of the Court of Appeals show that the three elected Judges convened at the State Capitol on January 2, 1907, and determined by lot the length of their respective terms. They appointed Logan Bleckley, the namesake son of the legendary Supreme Court Justice, as Clerk of Court, and James H. Pittman as the first Sheriff. These minutes show that by Supreme Court Order dated December 17, 1906, 155 pending civil cases had been transferred to the new tribunal. Later, by Order dated January 12, 1907, an additional 24 criminal cases and one more civil case were transferred.
Dissents developed on two matters at this first en bane meeting. The statute provided for "short-hand writers" to serve each Judge. Two males and one female were proposed. Powell dissented as to the woman, asserting that under the then Civil Code 1810, "females are declared ineligible to hold any civil office or to perform
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any civil function, unless specially authorized by law," and that Civil Code 5507 declared the Supreme Court stenographers to be civil officers. His dissent concluded: "If I could find any escape from what seems to me an irresistable [sic] legal conclusion, I would take great pleasure in joining with my brethren in the selection of this most excellent young lady." Judge Hill concurred with Judge Russell's nomination of the lady, stating that since he had "doubt on this (legal) question I prefer to concur to the appointment, especially in view of the practice of the Supreme Court in permitting the exercise of personal preference in the selection of stenographers by the individual judges." Thereby Marian Bloodworth became the Court's first female employee. The first female attorney ever to argue a case before the Court of Appeals, as well as the Supreme Court, was Viola Ross Napier of Macon, Georgia.
The other dissent occurred in deciding who was to be Chief Judge. Hill and Powell wanted this to be based on seniority according to age. Judge Russell dissented vigorously. Not only did he contend that the legislative intent was "that all of the judges should be equal," but with customary "Russell candor" he argued that the proposal was one that was "arbitrary and personal." He concluded, "I have never yet, and cannot now, give my consent to any doctrine which gauges the peculiar fitness of any individual for office holding by his age or youth, other than the present statutory requirements. The achievements and services of our young men are perhaps the preeminent glories of American history. Long life sometimes brings knowledge but not always wisdom."
In an article in the Summer 1948 issue of The Georgia Review entitled "The Birth of the Court of Appeals of Georgia," Judge Powell revealed the inside story as to how Hill was persuaded to vote for himself: "He (Hill) told me he was anxious to be the first Chief Judge of the court, but did not wish to commit the indelicacy of voting for himself. I told him that I could avoid that embarrassment for him; that the constitutional amendment had made no provision for the selection of a Chief Judge. I reminded him that the same situation had confronted the Supreme Court when it was organized in 1845, and that an act had then been passed providing that the oldest Justice in commission or (if there were more than one whose commissions were of the same date) the one who was oldest in point of time should be Chief Justice. I told him that in the present plans of organization I had been delegated to draw, I could with propriety embody such a provision, and that with his vote and mine it would be adopted, and that he would so auto-
20

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matically become the Chief Judge." [Page 151). As one reads Powell's beautiful opinions, one should remember that when he became judge he was 34 years old and that he remains to this day the youngest person to have served on this bench.
The rule of age prevailed. Hill, being 57 years old, became the first Chief Judge. Russell was then 45 but afterwards became Chief Judge and in later years Chief Justice of the Supreme Court. He was father of the famed United States Senator, Richard B. Russell, Jr. His grandson, Robert L. Russell, Jr., was also to serve on the Court of Appeals. This Russell combination is the only one of grandfather-grandson in the Court's history. As the Russells came from Winder, it is of interest to note that the only father-son combination [Joseph D. Quillian and J. Kelley Quillian) were also from Winder. Of further interest is the fact that Julie and Clay Custer, children of Mr. and Mrs. Henry Custer of Albany, have the distinction of having had both of their grandfathers serve as Judges on the Court of Appeals, i.e., Judge Vance Custer and Judge Julian Webb.
Examination of the original Rules of Court drafted by Judge Powell illustrates the importance in those days of the oral argument when "briefs" really meant brevity. Historically, the shortest written presentation in Georgia was by Robert Toombs and consisted of four words: "Marriage-Seizin-Death-Dower." Rule 5 stated that "[aJrgument is limited to four hours upon each case, two hours on each side, unless by special leave an extension of time is granted." Apparently this rule was then effective, as the Court's first opinion was rendered three days after oral presentation.
However, with the ever-increasing number of appeals and, therefore, of opinions to be written, the oral argument of necessity subsided in importance. Today judicial reliance on the written brief has become paramount. Compare the initial rule with that appearing on the current oral argument calendars of the Court of Appeals: "The following cases have been placed on the calendar for argument. Generally, the cases will be called in the order listed and on the days named, beginning at 10 o'clock a.m. As an accommodation to the bar and pro se parties, the Court will call cases out of turn in which counselor pro se parties respectively inform the Clerk that time of argument will be limited to 5 minutes per side. In this connection see Rule 8[f) of the Court."
Our three progenitors, Hill, Russell and Powell, proved to be legal giants. Shepard's Citations provides confirmation: the 1972 bound volume contains 51 pages devoted to Georgia Appeals Re-
21

ports 1-10, covering the first five years of this trio's service. The lasting precedential value of their decisions is further shown in the 1972-1984 bound Shepard's Supplement, which has six pages covering recent cases citing these early reports. That the work of these jurists was favorably received by Georgia lawyers is shown by a resolution unanimously adopted at the 1907 Annual Bar Meeting, which requested West Publishing Company to add this Court's opinions to its Southeastern Reporter because "these decisions will be valuable not only in this State, but in every law library in America."
During the first ten years of its existence there was no review of this Court's decisions by our Supreme Court. Its judgments were final. Apparently, however, the existence of two courts of last resort created problems. Illustrative of the situation is an address by J. R. Pottle of Albany appearing in the 1914 Ga. Bar Association Reports (pages 216-226), which detailed the complications and provided statistics as to cases decided by the two co-equal courts. The speaker, who had been Judge Powell's law partner in Blakely, had succeeded his partner on this bench when Powell resigned to enter private practice in Atlanta in January 1912. Pottle served two years on this bench and then returned to practice in Albany. He thus was able to present the problems both as a former Judge and as a practitioner. Most of the discussion centered upon apparent conflicts between decisions of the two courts which arose despite the constitutional requirement that the Supreme Court rulings were to be binding precedents.
The work load of the two appellate courts became such that the 1915 annual meeting of the Georgia Bar Association deemed it necessary to take positive steps toward alleviation. Noting that for two successive years none of the appellate judges had been able to attend its meetings, the Association passed a resolution, supplemented with an appropriation of $1,000, aimed at "working out measures of relief." Part of this resolution reads: "Whereas, said courts have been forced to remain in continuous sessions with no opportunity for even the briefest vacation, and without cessation from their onerous and exacting labors; and whereas, said courts are now annually deciding more than 1600 cases, which is a greater number than can be disposed of with satisfaction to the bar or credit to the court, even with the incessant slavish toil to which the Justices and Judges are being subject. ..."
Thereafter, in 1916, the General Assembly took action. Rejecting the suggestion of having one court deal exclusively with appeals of criminal cases and the other with civil, the 1916 Legis-
22

lature approved for submission to the electorate a constitutional amendment which limited the class of cases over which the Supreme Court was to have jurisdiction and enlarged that of the Court of Appeals. This was ratified by the people the same year. Only a few jurisdictional changes have occurred since 1916. One is a 1956 amendment providing for direct review by the two appellate courts of Juvenile Court judgments; these were ruled in Powell v. Gregg, 224 Ga.226, to come solely within the purview of the Court of Appeals. Another is a 1977 statute (Ga. Laws 1977, p. 710) transferring from the Supreme Court to the Court of Appeals jurisdiction over appeals of cases of armed robbery, rape, and kidnapping where the death penalty is not imposed, and transferring from the Court of Appeals to the Supreme Court jurisdiction in cases involving state revenue, contested elections, and the validity of legislative enactments of municipalities. Although the Supreme Court declared the 1977 statute unconstitutional in Collins v. State, 239 Ga. 400, both courts nevertheless elected to follow the spirit and the intent of the statute by mutually accepting its terms.
Anticipating passage of the proposed constitutional amendment, the 1916 General Assembly also passed a statute changing the structure of the Court. This Act added three Judges to the three already composing the Court of Appeals and provided for them to sit in two divisions, with each to determine "independently of the other the cases assigned to it." The statute directed that "all criminal cases shall be assigned to one division." In complying with the statutory directive to "[d]istribute the cases between the divisions in such manner as to equalize their work as far as practicable," the Judges decided that two criminal cases would equal one civil case. In an address to the 1927 Georgia Bar Association annual meeting, Judge R. C. Bell stated that "in making up the calendars for the arguments the cases are allotted to the two divisions on this basis until the criminal cases are exhausted, after which the remaining civil cases are distributed equally to the two divisions." (44 Ga. Bar Association Reports 232).
Among the three Judges elected at the 1916 general election was Walter F. George, then 39 years old. He served from January 1, 1917, until October of that year. He returned to private practice and later had an illustrious national career which included 34 years as a leader in the United States Senate, followed by service as Special Representative of the President of the United States to the North Atlantic Treaty Organization from January 5, 1957, until his death on August 4 of that year.
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In 1960 (1960 Ga. Laws. p. 158) the number of Judges was increased to seven. In the following year the General Assembly by statute (1961 Ga. Laws. p. 140) added two more Judges and decreed that the Court was to sit in three divisions of three Judges each. one of which was to handle all criminal cases. The assignment of criminal cases to a single division was finally eliminated in 1967 (1967 Ga. Laws. p. 538). With the deletion of the criminal assignment requirements. the procedures for the Court's operations as mandated by the 1960 and 1961 statutes. and codified at OCGA 15-3-1. govern today's Court.
Laymen who do not understand the dedication and devotion of bench and bar to serving the cause of justice would have predicted difficulties in the directive that "[e]ach division shall hear and determine. independently of the others. the cases assigned to it." In actuality. there has been no problem in complying with this mandate. This is undoubtedly due to the quality of those who have served on the Court of Appeals. They have shown an exemplary respect for the Court as an institution. This was shown from the very origin of the Court in the case of Gainesville Midland Ry. v. Jackson, 1 Ga. App. 632. There. in an appeal upon a bill of exceptions signed by the trial judge on December 31, 1906. appellant argued absence of jurisdiction because the Judges elected in the November election did not take their oaths of office until January 2. 1907. In ruling against this contention. the opinion says. "Counsel for defendant in error has confounded the Judges with the court. The court when created became at once. upon the proclamation of the Governor. an integral part of the judicial department of the State. and it existed as such whether there were Judges thereof or not."
A unique relationship has existed between our two appellate courts during these eighty years. with many Justices of the Supreme Court having served previously on the Court of Appeals. Usually, but obviously not always. the relationship has been most harmonious. For the convenience of the Bar the two courts have consulted in making their rules. but with recognition that each is independent of the other. They have further recognized that each is to determine its own internal operating procedures. With the exception of the right of certiorari and the constitutional provision declaring that "[t]he decisions of the Supreme Court shall bind the Court of Appeals as precedents." the two courts are considered to be co-equals in their respective jurisdictions. Eighty-two individuals have served on the Supreme Court of Georgia. Fifty-six persons have served as members of the Court of Appeals. one of
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whom served at two different times. Thirteen people have served on both courts. Only one of the 13 served as Chief Justice and Chief Judge of both courts.
Space limitations prevent paying proper homage to those whose dedicated service as Judges has made the Court of Appeals of Georgia a nationally respected institution. Indicative of the harmony which has always been a hallmark of this bench is the fact that before the position of Chief Judge was placed on a rotating basis in 1979, there had been only seven Chief Judges. Hill served for six years (1907-1913). His colleague, Russell, followed him for a period from October 13, 1913, until June 1916, when he resigned to return to the private practice of law. The third Chief Judge was Peyton L. Wade of Dublin, who became Judge in February 1914 and Chief Judge in 1916, serving three years in that capacity until his death on August 22, 1919. His successor was Nash R. Broyles, who had come to the bench in 1914 and was made Chief Judge in 1919. Broyles' tenure as Chief Judge was the longest: he served 28 years as Chief Judge until his death in 1947 at the age of 78. Following him was I. Homer Sutton, who served from April 10, 1947, until January 15, 1954. His successor as Chief Judge, Jule W. Felton, had the longest tenure of service as a Judge on the Court, a total of 32 years and eight months-three months longer than Broyles' total tenure of thirty-two years and five months. Felton came to this bench in 1937 and was named Chief Judge in 1954, occupying that position until 1969. John Sammons Bell was elected Chief Judge by his colleagues on September 5, 1969, after 10 years of service as Judge and Presiding Judge, and served 10 more years in that position. Since 1979, Braswell D. Deen, Jr. (1979-1980), J. Kelley Quillian (1981-1982), Arnold Shulman (1983), William LeRoy McMurray, Jr. (1984), Harold R. Banke (19851986), and A. W. Birdsong, Jr. (1987 to date) have served as Chief Judge.
Appended to this history is a roster of all who have served on this bench arranged chronologically, along with the years during which each served. Readers who desire to know details concerning the deceased Judges are referred to the index of memorials of Georgia's appellate judges through 1973, which may be found in 230 Georgia XXVII. Tributes to retired Judges, found at 150 Georgia Appeals et seq., provide details regarding those Judges who have retired from the Court since 1979. Confirmation that each served well is provided by the fact that never, during the entire existence of the Court, has a judgment been affirmed by operation of law because of failure to render a decision by the end of the
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term next after that at which a case was docketed. There have been only five persons who have served as Clerk of
Court. The first was Logan Bleckley, son of the famed Judge Logan E. Bleckley. He served from January 1, 1907, until his death in 1938. The second, William G. England, served from 1938 until his retirement in 1957. The third Clerk, Morgan Thomas, was connected with this Court longer than any other person. He served as Deputy Clerk to both predecessors from October 24, 1934, until December 1957, and as Clerk from that date until December 31, 1980. He was popularly and accurately designated as "The Court's Ambassador," and a tribute to him is found in 159 Georgia Appeals. The fourth Clerk, Alton Hawk, served from 1981 through 1986. The present clerk is Victoria McLaughlin.
Space limitations also make it necessary to omit reference to noteworthy opinions. Suffice it to say that books containing compilations of decisions under such titles as "Wit and Wisdom in Court Opinions" always include reprints from the Court of Appeals of Georgia. (See also former Court of Appeals Judge H. Sol Clark's "Judicial Humor(?): A Personal Reminiscence," 20 Trial 68 et seq., Association of Trial Lawyers of America, June 1984.) It is to be anticipated that future generations of Georgia lawyers will observe the one hundredth anniversary of the Court of Appeals by publication of a book similar to The History of the Supreme Court of Georgia-A Centennial Volume. An extensive bibliography has been appended to this report to provide source material for the Centennial Volume that will perhaps appear in 2006 A.D.
"Upon the integrity, wisdom and independence of the judiciary depend the sacred rights of free men."
(Although other Judges contributed, the original research and writing of the history of the Court of Appeals was principally completed by Judge Sol Clark in 1977-1978. This revision and update of that history has been completed primarily by Presiding Judge Braswell D. Deen, Jr., as of January 1, 1987, with contributions by the other Judges on the Court.)
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The Chief Judges of The Court of Appeals of Georgia

1907-1913 1913-1916 1916-1919 1919-1947 1947-1954 1954-1969 1969-1979 1979-1980 1981-1982 1983 1984 1985-1986
1987-date

Benjamin Harvey Hill Richard Brevard Russell Peyton 1. Wade Nash Rose Broyles 1. Homer Sutton Jule Wimberly Felton John Sammons Bell Braswell D. Deen, Jr. J. Kelley Quillian Arnold Shulman William LeRoy McMurray, Jr. Harold R. Banke A. W. Birdsong, Jr.

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COMPLETE ROSTER OF THE
JUDGES OF THE COURT OF APPEALS OF GEORGIA

1907-1913 Benjamin Harvey Hill
1907-1916 Richard Brevard Russell
1907-1916 A. G. Powell 1912-1914 J. R. Pottle 1913-1914 L. S. Roan 1914-1919 Peyton L. Wade 1914-1947 Nash Rose Broyles 1916-1916 Robert Hodges 1917-1932 Oliver Hazzard
Bartow Bloodworth 1917-1917 Walter Franklin George 1917-1932 Roscoe Luke 1917-1937 William Franklin
Jenkins 1917-1918 Frank Harwell 1918-1943 Alexander William
Stephens 1919-1920 Charles Whiteford
Smith 1920-1922 Benjamin Harvey
Hill 1922,-1932 Reason Chesnutt
Bell 1932-1954 I. Homer Sutton 1932-1932 Frank A. Hooper, Jr. 1932-1952 Hugh James
Macintyre 1933-1940 John Benjamin
Guerry 1937-1969 Jule Wimberly
Felton 1940-1960 Bernard Clary
Gardner 1944-1949 David Monroe
Parker 1947-1961 John Murphy
Claggett Townsend 1949-1953 Charles William Worrill

1952-1963 Ira Carlisle 1953-1960 Joseph Dillard
Quillian 1954-1966 Horace Elmo
Nichols 1960-1979 John Sammons Bell 1960-1967 John Eccleston
Frankum 1960-1972 Robert Henry
Jordan 1961-1974 Homer Christian
Eberhardt 1961-1974 Robert H. Hall 1961-1962 Vance Custer 1962-1965 Robert Lee Russell,
Jr. 1963-1976 Charles Adams
Pannell 1965-date Braswell D. Deen,
Jr. 1966-1984 J. Kelley Quillian 1967-1967 George Stanley
Joslin 1967-1972 George Price
Whitman 1969-1976 Randall Evans, Jr. 1972-1977 H. Sol Clark 1972-1977 Irwin W. Stolz, Jr. 1974-1979 Julian Webb 1974-1977 Thomas O. Marshall 1976-date William LeRoy
McMurray, Jr. 19761980 George T. Smith 1977-1984 Arnold Shulman 1977-date Harold R. Banke 1977-date A. W. Birdsong, Jr. 1979-1979 Norman L.
Underwood 1979-date George H. Carley 1980-date John W. Sognier 1981-date Marion T. Pope, Jr. 1984-date Robert Benham 1984-date Dorothy T. Beasley

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Bibliography
Georgia Official and Statistical Register, Department of Archives and History, State of Georgia.
Bell, R. C. - "A Case in the Court of Appeals," 44 Ga. Bar Association Reports 228 (1927J.
Bloch, Charles J. - "The Supreme Court and the Court of Appeals of Georgia," 23 Ga. Bar Journal 523 (1961J.
Bolton, Arthur K. - Unpublished address to 1975 Georgia Bench and Bar Conference in Savannah.
Grice, Warren - The Georgia Bench and Bar, J. W. Burke Co., 1931, Pages 372-383, Chapter 21: "The Establishment of the Court of Appeals; The Completion of the Structure."
Jordan, Robert H. - "A History of the Court of Appeals of Georgia," 24 Ga. Bar Journal 371 (Feb. 1962J.
Pottle, J. R. - "Should There Be Two Courts of Last Resort in Georgia, and If So How Should They Be Related to Each Other?" 31 Ga. Bar Association Reports 216 {1914J.
Powell, Arthur G. - I Can Go Home Again, University of N. C. Press, 1943, Chapter 37: "The Birth of the Court of Appeals of Georgia," 2 Georgia Review, (Summer, 1948J, Pages 144-156.
Stolz, Irwin W., Jr. - "Judicial Modernization: An Idea Whose Time Has Come." Georgia Defense Lawyers Association, 1972.
11 Ga. Bar Association Reports - 1894 Meeting. Page 197, for "Report of Committee on Necessity of Relief for the Supreme Court," Page 197; "Do We Need More Judges on Supreme Court?," Page 241.
12 Ga. Bar Association Reports - 1895 Annual Meeting. Symposium on "Relief of the Supreme Court of Georgia: Is the Remedy One or More Intermediate Courts?," Pages 21 45, and Two Papers on the subject "Is the Remedy One or More Intermediate Courts?" Pages 164 - 176. 30

_. ..;...
19 Ga. Bar Association Reports - 1902 Annual Meeting. Pages 34 - 42 and Paper by Justice Andrew J. Cobb entitled "The Judicial System of Georgia: Its Defects; What Changes Are Necessary to Bring About a More Harmonious and Orderly System and to Relieve the Supreme Court," Pages 182-195; and "A Proposed Act Establishing District Courts of Appeals" by Judge Pope Barrow, Pages 196-203.
20 Ga. Bar Association Reports-1903 Annual Meeting. "Report of Committee on Relief of the Supreme Court," Pages 1'33145.
21 Ga. Bar Association Reports - 1904 Annual Meeting, Pages 4754, "Report of Committee on Court of Appeals."
22 Ga. Bar Association Reports - 1905 Annual Meeting, Page 22. 23 Ga. Bar Association Reports - 1906 Annual Meeting, Pages 34-
52. 24 Ga. Bar Association Reports - 1907 Annual Meeting, Pages 17
and 18. 32 Ga. Bar Association Reports - 1915 Annual Meeting, Pages 25-
28. Georgia Laws 1906, Pages 24-28. Georgia Laws 1916, Pages 19-22 and 56-57. Georgia Laws 1943, Pages 677-679. Georgia Laws 1960, Pages 158-161 and 911-912. Georgia Laws 1961, Pages 140-142. Message of the Governor of Georgia to the General Assembly,
June 27, 1906. Message of the Governor of Georgia to the General Assembly,
June 26, 1907. Senate Journal, 1906, Pages 290, 310, 337 and 354. House Journal, 1906. Pages Unavailable. Newspaper sources are the Atlanta Constitution, Atlanta Journal,
and Atlanta Georgian from July-August 1906 and January, 1907. A History of the Supreme Court of Georgia - A Centennial Volume, (J. W. Burke Co., 1948.)
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Court of Appeals of Georgia