The herald and news. [volume] (Newberry S.C.) 1903-1937, 1918-04-02
GOVERNOR OYERRIDES Law
TO APPOINT CHIEF WARDEN


Wade Hampton Gibbes of Columbia
chief game warden Of South Carolina.
The first appointment by the COVER
aor of Mr.. Gibbes was on February
rs, 1917 The governor himself was
.Sseced to the reluctant conclusion
that this appointment was illegal, for
she reason that Colonel Richardson g
term had not expired by few days.
-znd on March 8, 1917, he himself re-
eaTed and revoked the appointment
-rnd r,ade another appointment.
The state supreme court, in its de-
eislon in the case of Gibhes vs.. Rich
ardson, forced him to tha coo 'irs:oa
that his appointment Of Marcn was
Illegal, in that t -'as not made upon
the recc mmendation of the Audubon
society of South Carolina.
The governor then waited until July
s5, when he made ''recess" appoint
l..
merdation of r''mp convention OF
The Audubon society.
Tnder the supreme court decision
and under the statute, the governors
supointee must be confirmed By the
senate. The last senate failed to cor
hrm Mr.. Gibbes. and the governor
Dow again has appointed him, in the
face of the statute. of the supreme
court decision, of the failure of the
senate to confirm and without a rec
ommendation Of the society.
Section 747 of the criminal code of
South Carolina provides:
Should the governor or the senate
not approve any nomination sent them
gpS the Audubon society Of South
Carolina for the appointment Of a
chief game warden), the name shall
aE,e returned to the said Audubon So
eTety of South Carolina until a per-
son suitable to both the governor and
he senate shall have been named" :"
The governor. trampling this statute
rnder foot. has appointed Mr.. Gibbes
again. notwithstanding the failure OF
tae senate to confirm him. and with
.y1t having returned his name to the
gaudubon society of South Carolina.
In recent opinion. the attorney
General of South Carolina. since the
failure Of the senate to confirm Mr..
tsibbes, held:
"Construing section 747 of the GRIM
---al code with and in the light Of the
decision in the case above referred tc.
I am of the opinion that the co.nirma-
7ziun by the senate IS Q Necessary pre-.
requisite to TIE de jure tenure OF Of
See"
by l,:S fourth appointment of Mr..
@ES5ibbes TO-DAY. the governor comedies
chat h's last previous appointment
vas 1r~nfd since the senate adjourn
sd. and vet has continued Mr.. Gibbes
n Office until this time. even without
an effort to reappoint
There has probably never been in
the history of Democratic admins
tration IN South Carolina more de-
Sermined overriding of the law and Of
-ehe legislature by governor. The
sesislature Of 1916 passed an act max
4ng the chief game warden elective by
the general assembly. The governor
~neM this act until the session Of 1917
when he vetoed it. The legislature Of
1917 then passed an act making the
<ahief game warden elective by the
people. The governor also vetoed this
act. and upon his veto no actios has
vet been taken by the legislature.
st the recent session Of the general
assembly another bill went through
the senate placing the election of
chief game warden in the hands Of
the legislature. but adjournment pre-
rented its coming up in the house.
Having thwarted the will of two
-.sessions of the legislature by the ex-
ere1se Of the veto power, used to keep
the appointment of chief game warden
IN his own hands. the governor now
for the fourth time d;sregards the
so3ain letter of the law in the manner
o9 making the appointment.
>iIZn,was stated today that the Gibbes
faction of the Audubon society Of
South Carolina had been recognized
10y She National Audubon society. and
1t was contended that this recognition
-1nade the rump convention legal fer
the purposes of the appointment of
MI so%,r