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

transmit the name, With his recon-
mendation, to the State senate.
Should the senate approve, the chie1
game warden shall assume the du-
ties of his Office by taking oath to
administer the laws, before any no
tary, magistrate or Judge or clerk or
court, and shall furnish bond in the
sum OF $4,000, to be approved by the
secretary of state Should the COVER
nor or the senate not approve any
nomination sent them, the name shall
be returned to the said Audubon So
ciety OF South Carolina until per-
son suitable to both the governor
and the senate shall have been nam
ed"
It will be sen under this statute
that the legislature names three &C
tors, SO to speak, who shall particl-
pate in the appointment Of the Chief
game warden to wit: The Audubon
society, the governor and the senate'
not only that, but prescribes the duty
of each actor, and lays down the Or
der in which each is to act; not only
that, the duty of each is separate and
distinct: not only that. the duty of
each Is mandatory, because the Woro
"sbau" is used with reference TO
each. and unless anG by the express
language Of the statute the first actor
is the Audubon society. It shall send
in the name Of suitable person TO the
governor: the second actor is me
governor: "On approving this nom
ination the governor shall transmit
the name, with his recommendation,
to the State senate;;' the third actor
is the senate: Should the senate an'
prove, the chief game warden Shall
assume the duties Of his Office by tax.
ing oath to administer the laws.
and shall furnish bond. Neither OF
the actors have the power to destroy
the right and duty conferred upon the
other, by the express language OF the
statute law. It is mandatory upon all
three OF these actors to participate
and have voice in the appointment
of the chief game warden. The un
disputed evidence shows that TINS
was not done in the alleged appoint.
ment Of w. II. Gibbes to the once ol
chief eame warden. Under the Law,
as above quoted, if the Audubon So
ciety shall send in a name Wh1ch tne
governor does not approve, the Ia"
makes it the duty Of the governor u
return the name to the said Audubon
society. and this procedure must con.
tinue until q person suitable to botE
the governor and the senate shaH
have been named. Under the undls-
puted facts this was not done IN the
alleged appointment Of W. Aooes'
although the words used } sta
tute are mandatory. a = before
said, the word "shall' WITH
reference to all three OF -ctors,
above named, in the PERFORMANCE OF
their duty, and therefore mandatory;
in other words, the first actor. the
Audubon society. the second actor
the governor, and the third actor, the
senate, must concur and agree upon
the person before he can become the
chief game warden of the State. That
was not done in this case, accord
ing to the undisputed evidence ano
the facts.
In is contended. under section 6S4
of the civil code, 1912, that amy va
cancies which may happen In any OF
the said Offices during the recess Oh
the senate nay be filed by the gov
ernor," and 1t names the officers Vne
may be appointed: A commission
of agriculture, commerce and indus
tries: commission on State house
grounds; "chlef game warden, on the