Supreme Court of Georgia

“ But there was another feature peculiar to the judicial system of the State, to which her people were greatly attached: that of special juries. They feared the creation of a supreme court would abolish this, and for many years resisted it. This system of special juries, in the organization of her judiciary, was intended to obviate the necessity of a court of chancery. The conception was a new one, and in Georgia, with her peculiar population, its effects were admirable. It was an honest, common-sense adjudication of equity cases, and rendered cheap and speedy justice to litigants. ”

“ These facts, however, are only mentioned to introduce this remark, that the Circuit court could not, with propriety, sustain the application of Georgia; because, whenever a State is a party, the Supreme court has exclusive jurisdiction of the suit; and her right cannot be effectually supported, by a voluntary appearance, before any other tribunal of the Union. Not being a party, nor capable of resorting as a party, to the Circuit court, it is very much to be questioned whether the State could bring a writ of error on the judgment there, even if her claim appeared on the record. ”

“ The only remnant of objection therefore that remains is, that the State is not bound to appear and answer as a Defendant at the suit of an individual: but why it is unreasonable that she should be so bound, is hard to conjecture: That rule is said to be a bad one, which does not work both ways; the citizens of Georgia are content with a right of suing citizens of other States; but are not content that citizens of other States should have a right to sue them. ”

“ It further recommended "an explanatory amendment" to the constitution. Apparently the resolution was not adopted, but it represents the policy which the State followed. At the February term of the Supreme Court a written remonstrance on behalf of the State was presented, but otherwise the State declined to appear. The opinion of the Court was rendered February 18, 1793. It was ordered that unless Georgia should appear, or show cause by the first day of the next term, judgment by default should be entered against the State. ”

“ There was, therefore, no fact in issue; and the instruction of the court to find a verdict for the plaintiff was, in substance, ruling upon matters of law only. And the Supreme Court, in their opinion, recognize, and merely recognize, the practice which now obtains universally in the trial of civil causes. And, although it is inconsistent with Georgia vs. Brailsford, and substantially overrules it, it does not impair the value of the decision in that case, as showing the understanding of the profession and the courts about the time of the adoption of the Constitution. ”

“ Because these officials are generally empowered to make and interpret law, their “whole work” is deemed part of the “authentic exposition and interpretation of the law” and must be “free for publication to all.” Ibid.
If judges, acting as judges, cannot be “authors” because of their authority to make and interpret the law, it follows that legislators, acting as legislators, cannot be either. Courts have thus long understood the government edicts doctrine to apply to legislative materials. ”

“ First: There is also a rule in Georgia that an objection to an individual juror must be made at the trial by a challenge to the poll. [15] But as the cases above demonstrate, this rule gives way in an exceptional case to the need for a new trial shown by extraordinary motion. It does not appear rational to deny that the rule as to challenges to the array is likewise not inflexible. Second: The opinion of the Georgia Supreme Court in this case supports this conclusion. If the trial court had no power to entertain the motion, it was immaterial whether the affidavits were faulty. ”

“ As a result, if a government work is created by a public official who is so empowered, it is substantially more likely that the work is constructively authored by the people. [3]
In light of these considerations, that the Georgia General Assembly is the driving force behind and ultimately adopts the OCGA annotations is significant. Like the Ohio Supreme Court in Banks, the Georgia General Assembly is not simply composed of ordinary government employees but rather of public officials whose official duties peculiarly include the direct exercise of sovereign power. ”

“ I am not sure that the Court is passing at all on the only two questions the Georgia Supreme Court decided in approving the city's resignation as trustee and the appointment of successors. If the Court is holding that a State is without these powers, it is certainly a drastic departure from settled constitutional doctrine and a vastly important one which, I cannot refrain from saying, deserves a clearer explication than it is given. ”

“ In contrast, the role of the legislature encompasses the process of “making laws”—not construing statutes after their enactment. Mellon, 262 U. S., at 488; see Patchak v. Zinke, 583 U. S. ___, ___ (2018) (plurality opinion) (slip op., at 5) (“ [T] he legislative power is the power to make law.”) . The OCGA annotations, in my appraisal, do not rank as part of the Georgia Legislature’s lawmaking process for three reasons.
First, the annotations are not created contemporaneously with the statutes to which they pertain; instead, the annotations comment on statutes already enacted. ”

“ The judicial powers of this State shall be vested in a Supreme Court for the correction of errors, a Superior, Inferior, and Justices' Courts, and in such other courts as the legislature shall from time to time ordain and establish. The Supreme Court shall consist of three judges, who shall be elected by the legislature for such terms of years as shall be prescribed by law and continue in office until their successors shall be elected and qualified, removable by the Governor on the address of two-thirds of both branches of the General Assembly, or by impeachment and conviction thereon. ”

“ To have given the Supreme Court original jurisdiction, the State must be plaintiff or defendant as a State, and must, as a State, be a party on the record. A suit against the Planters' Bank of Georgia, is no more a suit against the State of Georgia, than against any other individual corporator. The State is not a party, that is, an entire party, in the cause. ”

“ Finally, concerns of fair notice, often recognized by this Court’s precedents as an important component of due process, also may have animated the reasoning of these 19th-century cases. As one court put it, “ [t] he decisions and opinions of the justices are the authorized expositions and interpretations of the laws, which are binding upon all the citizens. ... Every citizen is presumed to know the law thus declared, and it needs no argument to show that justice requires that all should have free access to the opinions.” ”

“ The State of Georgia has set up her confiscation act, which certainly is a fair foundation for future judicial investigation; and that an injury may not be done, which it may be out of our power to repair, the injunction ought, I think, to issue, till we are enabled, by a full enquiry, to decide upon the whole merits of the case. ”

“ Unclear law construed in light of whole system of laws.—While the Supreme Court recognizes the rule that statutes in pari materia may not be resorted to where the language of the statute under consideration is clear, it is equally as well settled that, where the terms of the statute to be construed are ambiguous or its significance is of a doubtful character, it becomes necessary to give proper consideration to other related statutes in order to ascertain the legislative intent in reference to the whole system of laws of which the doubtful statute is a part. ”

“ Furthermore, to the extent petitioners challenge the authority of the superior court judge to preside over the pending matter, it does not appear that any order has been entered on the challenge to her authority that they represent has been filed below, and thus this issue provides no basis for invoking the Court’s jurisdiction. ”

“ In order, therefore, to form a more perfect union, to establish justice, to ensure domestic tranquillity, to provide for common defence, and to secure the blessings of liberty, those people, among whom were the people of Georgia, ordained and established the present Constitution. By that Constitution Legislative power is vested, Executive power is vested, Judicial power is vested. ”

“ I have examined the question before us, by the principles of general jurisprudence. In those principles I find nothing, which tends to evince an exemption of the State of Georgia, from the jurisdiction of the Court. I find every thing to have a contrary tendency. ”

“ Damages totaling $85,793 were assessed: this figure includes $50,000 in punitive damages. The Georgia Supreme Court affirmed, 221 Ga. 16, 142 S.E.2d 816, and we granted certiorari, limited to the question of whether holding petitioner, the national organization, liable 'for acts performed without its knowledge and by persons beyond its control' denied it rights secured by the Fourteenth Amendment. 382 U.S. 937, 86 S.Ct. 388, 15 L.Ed.2d 348.
Respondent has suffered economic loss as a result of the conduct of those who blocked his sidewalk and threatened his customers. ”