The herald and news. [volume] (Newberry S.C.) 1903-1937, 1917-04-17

cision OF the circ2it judge. it is the
opinion Of some leading lawyers who
have discussed the matter that the
only way to fill the vacancy, if the
Audubon society falls to send another
name to the governor, would be to
n1andamus the society to make furth-
er nominations. Of course if the Sd
preme court should hold that either
Col. Richardson or Mr.. Glboes is no"
entitled to the office, contrary to the
decision Of Judge Devore, the matter
would be ended.
The case has been hard fought and
has created intense interest through
out the State.
Judge Devore's decision is as fol-
lows:
State of South Carolina, Richland
County, Court of Common Pleas.
w. H. Giboes, Plaintiff, VS.. Alfred
A. Richardson, Defendant.
Petition and Complaint.
The complaint in this case IS
brought under and by authority or
sections 4s6 and 40 of the code OF
procedure, 1912 To the defthavofvdi
1912. To the complaint involved here
the defendant, 4. A. Richardson, hlca
a demurrer. ! shall not consider the
demurrer, except insofar as the same
may be affected BY this decision.
The questions involved In the ac-
ton which shall pass upon are
whether the plaintiff, ". H. Gfbbes, IA
the chief game warden OF South Car
olina, or whether A. A Richardson IS
the chief game warden, or whether
that Office is vacant.
There were many authorities cite1
before me at the hearing. none OF
which do / consider directly in point.
Insofar as I am concerned, need NO
authority for this decision, other than
the statute law Of the State.
Taking up the claim Of A. a. Rich
ardson first. Subdivision Of section
747 OF the crimina! code, with refer
ence to the chief game warden, reads:
His term of Office shall be- four
years." The undisputed evidence
shows that A. A. Richardson was ap-
pointed chief game warden OF the
State on the 25th Of February, 1918,
and that his term OF Office had e&-
pired at the time of the alleged ap-
pointment of NJ H. Gibbes to that
Office. Under the statute law OF this
State, wherein it Is declared the Chief
game warden's term Of Office shall be
four years, his term ended at the ex-
piration Of that period. If I could
legislate these words into the statute,
"and until his successor is appoint
ed and qualities" the said A. A.
Richardson would be entitled. under
the decisions Of the Supreme court OF
this State, possibly to hold over; but
have no power to insert those words,
and must, therefore. declare the law
as End it, that is that his term OF
Office is for four years, and no long
er; this being so, am OF the op1n-
ion that 4. A. Richardson is not the
chief game warden Of South Carolina,
and that he cannot hold over after
the expiration o. his term OF Office,
which. under the law, is four years.
With reference TO the right Of the
claim of ". Fl. Gibbes to the Office OF
game warden. It is we'll to. quote ths
whole of subdivision 9 OF section TAT
of the criminal code, 1912, which is as
follows:
"The Appointment Of Chief Game
Warden. The mode Of his appoint
ment shall be as follows: The Au-
dubon Society Of South Carolina shan
send In the name OF suitable pei
son to the governor. On approving
this nomination, the governor shall