Page:Journal of the House of Representatives of the State of Georgia 1849.djvu/86

Rh Mr. Shackelford of Cass, moved to strike out the preable, which motion prevailed. Mr. Stephens offered the following preamble: Whereas the independence of the judicial and legislative departments requires that neither should derive its appointment from the other; and whereas the capacity of the people to govern themselves requires that they should exercise the power of choosing their own rulers—Therefore be it enacted, &c.; which was received. The 2d section having been read, which is as follows, to wit: And be it further enacted, That in each judicial circuit in this State an election shall be held for a Judge of the Superior Court of said circuit on the first Monday in October preceding the expiration of the term of office of said Judge, which said election shall be held, managed and conducted under the same rules and regulations as are prescribed by law for holding elections of the General Assembly, and all persons qualified by law to vote for members of the General Assembly shall be and they are hereby declared qualified to vote for a Judge of the Superior Court in their several judicial districts or circuits. Mr. McDougald moved to strike out "the first Monday," and insert "Tuesday after the third Monday;" upon the motion to strike out, the yeas and nays were required to be recorded, and are yeas 41, nays 72.