From nomic-official-owner@teleport.com Wed Jun 28 04:36:50 1995 Return-Path: nomic-official-owner@teleport.com Received: from desiree.teleport.com (desiree.teleport.com [192.108.254.11]) by Shamino.quincy.edu (8.6.9/8.6.9) with ESMTP id EAA01206 for ; Wed, 28 Jun 1995 04:25:46 -0500 Received: (from daemon@localhost) by desiree.teleport.com (8.6.10/8.6.9) id CAA12322 for nomic-official-outgoing; Wed, 28 Jun 1995 02:25:04 -0700 Received: from wing1.wing.rug.nl (wing1.wing.rug.nl [129.125.21.1]) by desiree.teleport.com (8.6.10/8.6.9) with SMTP id CAA12289 for ; Wed, 28 Jun 1995 02:24:58 -0700 Message-Id: <199506280924.CAA12289@desiree.teleport.com> Received: by wing1.wing.rug.nl (1.37.109.8/16.2) id AA23139; Wed, 28 Jun 1995 11:26:01 +0200 From: Andre Engels Subject: OFF: Judgement CFJ 770 To: nomic-official@teleport.com Date: Wed, 28 Jun 95 11:26:00 METDST Mailer: Elm [revision: 70.85] Sender: owner-nomic-official@teleport.com Precedence: bulk Reply-To: nomic-discussion@teleport.com Status: RO ASSIGNMENT OF CFJ 770 (By the Rules, Swann could not assume the office of...) ====================================================================== Judgement: Judge: Kelly (defaulted) Chuck Eligible: Andre, Chuck, Dave Bowen, elJefe, Ian, JonRock Michael, TaL, Vanyel, Xanadu Not Eligible: Swann: Caller KoJen, Steve, Vlad(?): On Hold Blob: Rule 1005 Coren, Pascal: On Hold & 1005 Kelly: defaulted Effects: Kelly looses 10 Points for defaulting Judgement Chuck receives 3 Points for timely ---------------------------------------------------------------------- History: Called by Swann Jun 13 1995, 02:40 EST Assigned to Kelly Jun 13 1995, 11:01 UTC Defaulted by Kelly Jun 20 1995, 11:01 UTC Re-assigned to Chuck, Jun 22 1995, 10:50 UTC Judged TRUE by Chuck, Jun 28 1995, 01:24 -0500 (CDT) ####################################################################### Statement: "By the Rules, Swann could not assume the office of Tabulator while also performing the duties of Herald. Since Swann did not resign the Heraldship, Swann did not assume the Office of Tabulator. The Office of Tabulator is therefore vacant, and has been since the resignation of the previous Tabulator." ####################################################################### Argument: Frankly, this is so blatantly obvious that I am embarrassed that I offered to take the office. However, that embarrassment is somewhat moderated by the fact that I seem to be the first person to notice the current wording Rule 1436, to wit: "Let there be the Office of Tabulator. A vacant Office of Tabulator is filled in the usual manner, but the Scorekeepor or Herald may not become Tabulator, nor may the Tabulator become Scorekeepor or Herald." Since I was Herald, I couldn't legally accept the Office when I said I did, and my Tabulator's Reports were therefore unofficial and legally void. As to what this did, if anything, to Kelly's Blot erasure and the subsequent end of the Game, will await a further CFJ. ====================================================================== Judgement: I Judge this Statement to be TRUE. Reasons and Arguments: The facts of this case are not in dispute: --On May 19, Pascal was Tabulator and Swann was Herald. --On May 20, Pascal sent a message to the Public Forum in which he resigned the office of Tabulator, attempting to transfer it to Swann. Shortly thereafter, Swann posted a message acknowledging his willingness to serve as Tabulator. At first, Rule 1436 seems to prohibit this; it says "...the Scorekeepor or Herald may not become Tabulator." But we must also consider Rule 880. It says, "if at the time e resigns e appoints a successor, then the designated successor, if consenting, will fill the Office." If it turns out that Pascal *did* appoint a successor, then Rule 880 takes precedence over 1436, and Swann did fill the Office of Tabulator in spite of 1436. Thus, the question hangs on whether Pascal's attempt to name Swann as successor was in fact appointing a successor. There are two possible interpretations: 1. Pascal's message does qualify as "appointing a successor," and 880 takes precedence over 1436, and Swann fills the Office of Tabulator. 2. Pascal's message, due to Rule 1436, does not qualify as appointing a successor, and thus there is no conflict--no successor was appointed. I can find no strong, convincing argument in favor of either. As far as I know, no similar situation has every arisen and thus Game Custom is silent. Nor, IMO, does "the Spirit of the Game" speak on this issue. Thus, I must use my own judgement. It seems to me that the most natural interpretation of "appointing a successor" is "naming someone eligible to serve in that Office." Thus, since by Rule 1436, Swann could not succeed Pascal in the Office of Tabulator while he still held the Office of Herald, Pascal's message does *not* constitute appointing a successor. Appointing a successor is not a prerequisite for resignation of an Office; so although Pascal's message was invalid as far as appointing a successor goes, it is still valid regarding his resignation. Thus, Pascal resigned the Office of Tabulator on May 20, leaving no successor, and the Office has been vacant ever since. ####################################################################### Refrences: ---------------------------------------- Rule 1436/1 (Mutable, MI=1) The Tabulator Let there be the Office of Tabulator. A vacant Office of Tabulator is filled in the usual manner, but the Scorekeepor or Herald may not become Tabulator, nor may the Tabulator become Scorekeepor or Herald." The Tabulator is the Officer responsible for keeping track of the Blots possessed by each Player, as well as all ex-Players who have Blots. The Tabulator may have other duties as defined in the Rules. Once a Week The Tabulator shall post to the Public Forum a report of the Blots held by each Player. If a Player has earned Blots since the last report, this report must publicize the reason for the gain in Blots. The Tabulator's salary shall be four Points per Week. If any Rule mandates a change in Blots, but does not also specifically state the Player who is Legally Responsible for detecting the change and reporting it to the Tabulator, then the change in Blots is canceled. If a Blot change is not reported within four Weeks of its occurrence, or by the end of the Game in which it occurred, whichever is sooner, the change in Blots is cancelled. History: Created by Proposal 1457, Mar. 1 1995 Amended(1) by Proposal 1494, Mar. 15 1995 ---------------------------------------- ====================================================================== Additional Evidence: 1. Rule 880 2. Excerpts from the Registrar's report of May 19 3. Pascal's message of May 20 4. Swann's message of May 20 (Most of the header information of (3) and (4) has been deleted in the interest of bandwidth, but can be provided upon request.) ===1. Rule 880 Rule 880/1 (Mutable, MI=1) Resignation of Offices An Officer may resign eir Office at any time either by a message to the Public Forum, or by going On Hold, or as otherwise specified in the Rules. When an Officer resigns eir Office, e ceases to fill that Office. If an Officer resigns during the Voting Period for a Proposal containing a Directive to install another player in that Office, then the Player thus proposed, if consenting, will fill the Office. Otherwise, if at the time e resigns e appoints a successor, then the designated successor, if consenting, will fill the Office. If there is no appointed or proposed successor, or if e does not consent to fill the Office, then the Office becomes vacant. No player who is "On Hold" may fill an Office. If an Officer goes On Hold then e automatically resigns all eir Offices. History: .. Amended(1) by Proposal 1582, May 15 1995 ===2. Excerpts from the Registrar's Report of May 19 ==== AGORA NOMIC REGISTRAR'S REPORTS========================================= DATE OF LAST REPORT : 95.05.10 DATE OF THIS REPORT : 95.05.19 ===== 3.0 BLUE PAGES ========================================================= Herald : Swann Tabulator : Pascal ===3. Pascal's message of May 20 From: BlsPascal@aol.com Date: Sat, 20 May 1995 10:25:19 -0400 To: nomic-business@teleport.com Subject: BUS: Tablulator Transfer I hereby resign as Tabulator and name Swann as my successor... ---Pascal ===4. Swann's message of May 20 Date: Sat, 20 May 1995 20:28:08 -0400 From: gb485@cleveland.Freenet.Edu (Steven A Swiniarski) To: nomic-business@teleport.com Subject: Re: BUS: Tablulator Transfer Reply to message from BlsPascal@aol.com of Sat, 20 May > >I hereby resign as Tabulator and name Swann as my successor... >---Pascal > > I hereby re-affirm my willingness to become Tabulator. Swann -- Steven Swiniarski (aka S Andrew Swann) gb485@cleveland.freenet.edu Whenever you have an efficient government you have a dictatorship. --Harry S Truman ====================================================================== Andre