Tennessee Constitution Sched. § 2

At the first election of Judges under this Constitution there shall be elected six Judges of the Supreme Court, two from each grand division of the State who shall hold their offices for the term herein prescribed.

In the event any vacancy shall occur in the office of either of said Judges at any time after the first day of January one thousand eight hundred and seventy-three it shall remain unfilled and the Court shall from that time be constituted of five Judges. While the Court shall consist of six Judges they may sit in two sections, and may hear and determine causes in each at the same time, but not in different grand divisions at the same time.

When so sitting, the concurrence of two Judges shall be necessary to a decision.

The Attorney General and Reporter for the State shall be appointed after the election and qualification of the Judges of the Supreme Court herein provided for.