The Manning times. [volume] (Manning, Clarendon County, S.C.) 1884-current, 1910-04-06

En:cre4 :: .ac Pos.oc.cc ~ Manning Is Se,-
one I',.:S matter.
THERE ARE SO GAME wAaDEss.
We have been asked TO give our
reasons for the opinion that un-
der the recent Fish Law" the
Game Wardens are lesisla:ed out
OF office. The question is proper
one. In reading the Act provid-
ing for appointment of Game
Wardens, who shallappointthem,
and upon whose recommendation.
we aaa that prior to the sitting
of the last Legislature, these War
dens were to be appointed by the
Governor upon the recomnenda-
ton of the Audubon Society. and
that she Governor issue his CON-
nilsson to the Treasurer of the
society, and to each person so ap-
pointed, and the commission was
to be transmitted to the Clerk of
Court where the appointed War
den resides.
subsequently, and at the last
sessi q, the legislature enacted a
law hich still allows the Audi
bon Society to recommend to the
Gov. nor a suitable person for
Chic. Game Warden, and this
CHIEF Warden shall haye power
to hire a Warden force, but the
Act also requires that whoever
the Governor named, that name
shcp j be transmitted to the Sen
ate, and should the Senate ap-
prove of the appointment Of the
Chic. Warden named by the Gcv-
ernoG. aud transmitted to the Sen
ats. ,heu in that case. the ap-
point d Warden could assume the
duties Of the Office by taking the
requ' ed oath and giving the re-
Nuir..; bond, but the Act goes on
TO saw should the Governor or
The Senate cot approve any nom
inati 3 sert them. the name shall
I've returned to the said Audubon
ssoci, " OF South Carolina until a
person suitable to both the Gov
emo, and the Senate shall have
teen iameC."
Ses lion 6 Of the recent Act says
that It sha2s go into effect i'm
Inedi sely upou its passage and
appr val by the Governor. Sec
tion { says ''that all Acts or parts
OF Ac S inconsistent with this Act
he, :sad are hereby repealed. "
f'her fore it Till be seen that the
law c. the past, which provided
for the appointment of Game
Ware Us made it mandatory upon
the g ,vernor to appoint upon the
Recommendation Of the Audubon
Sociesy without confering with
the Senate. and those who have
been citing gas Wardens held their
appo ntments under the law
whic:. existed prior to this Act.
bat, ,nis subsequent Act repealed
all fc-mer Acts relating to the
subject, the moment the Governor
ahxel bis signature to it.
According to our view: the
former law vesting police author
ity in certain officials, known as
'sGame Wardens' is dead, and
the recent Act takes its place, but
under it there can be no Chief
Warden. until the convening Of
next general assembly, therefore
there is no one authorized to ap-
point County Wardens, hence we
say that there is no lawful ''Game
War6ens" to enforce the mon
strous game and hsh laws enact
ea at the last session Of the gen.
eral assembly. The law on the
statute books comes along the
same as any other law dependent
for It's enforcement upon the or
dinarv law officers, who will act,
npor being armed with proper
authority, and this authority has
its beginning from an affidavit
sworn ont before a magistrate oy
q citizen, which, when done, a
magistrate issues a warrant: the
Game Wardens with their little
badges have been retired.
If this construction of the law
IS not correct then We should be
pleased to have the Secretary or
the President of The Audubon So
cietv show wherein we are in err
or.