The herald and news. [volume] (Newberry S.C.) 1903-1937, 1918-03-05
GEO. r. WESTON NAMED
FOR STATE GAME WARDEN.


Columbia, Feb. 24.-Taking tho
position both under the statute ana
the decision Of the state supreme
court, that the state senate's failure
to confirm Governor Manning's ap-
pointment eos Wade Hampton Gibbe'
as chief game warden of South Caro-
lima. has legally ousted Mr.. GlDbeS
as a recess appointee. President Il.
C.. L. Adams, of the Audubon Society
of South Carolina, has, on behalf Oh
the society, raised the point that va
cancy now exists in the office and has
transmitted to Governor Manning the
name of Mr.. George B. Weston OF
Conoaree, this county, as suitable
person to fill the vacancy.
Mr. Gibbes continues to exercise the
duties of the Office and in stateemnf
after the session reiterated his CLAIM
to the Office.
At a recent session of the senate,
Governor Manning sent up Mr.. GloDes
name for confirmation but the senate
took no action looking toward con-
firmation.
,Following is President Adams let
ter to Governor Manning, transmit
ted today:
"Feb. %, 1918.
"Hon. r. l. Manning, Governor, CO.
lumbia, S. c.:
Dear Sir: In view of the fact thai
vour appointee to the Office of chief
game warden, Hon. W. H. Gibbes, has
failed of confirmation by the senate,
the same having convened and ad'
iourned since your appointment OF the
said Gibbes, and in view of the pro-
visions of section TAT of the Code CT
Laws of South Carolina, volume :,
which provides, among other things
the following:
..sThe Audubon Society OF South
Carolina shall send in the name OF d
suitable person to the governor. on
approving this nomination, the gov
ernor shall transmit the name with
his recommendation to the state SEN
ate Should the senate approve, the
chief game warden shall assume the
duties of his Office by taking oath to
administer the laws before a. notary,
magistrate or Judge or clerk Of court,
and shall furnish bond in the sum OF
two thousand dollars, to be approved
by the secretary Nof state. Should the
governor or the senate not approve
any nomination sent them, the name
shall be returned to the said Audit
bon Society of South Carolina until
a person suitable to both the governor
and the senate shall have been
named"
"And in view of the further fact
that the supreme court, in the case OF
Gibbes VS.. Richardson. neld that the
governor could make recess appoint
ment to the Office of chief game war
den until the senate met, subject to
its confirmation:
ain conformity to the provisions OF
the code above referred to, and the
decision of the supreme court, the
senate having failed to confirm your
appointee after his name had been
transmitted to the senate by you. I
take the position that regardless OF
whether or not Mr.. Gibbes was recon-
mended by the Audubon Society the
Office of chief game warden is now
vacant.
"In view of these facts, a meeting
of the Audubon society was called to
convene in the city of ColumbiG on the
23rd day of February, 1918, for the
purpose of recommending to you the
name of suitable person for the Of
flee of chief game warden. At its
meeting the Audubon society unani-
mously recommended Mr.. George B.
Weston. of Conoaree, S. c., and I was
instructed to transmit the same TO
you as a suitable rerson for appoint