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                               CFJ 1095

  The orders issued by Swann in the message to the PF entitled "Here
  we go..." were legal and valid Orders.

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Judge:        elJefe

Judgement:    FALSE

Eligible:     Antimatter, Blob, Chuck, elJefe, Harlequin, Kolja A.,
              Michael, Morendil, Murphy, Oerjan, Steve

Not eligible:
Caller:       Swann
Barred:       General Chaos
Disqualified: Crito (by choice)
On hold:      -

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Selection of 2nd Judge
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Eligible:     Antimatter, elJefe, Harlequin, Kolja A., Michael,
              Morendil, Oerjan, Steve

Not eligible:
Caller:       Swann
Barred:       General Chaos
Disqualified: Crito, Chuck, Blob (all by choice), Murphy
On hold:      -


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History:
  Called by Swann, Thu, 21 May 1998 09:26:31 -0400
  Assigned to Murphy, Fri, 22 May 1998 09:16:58 +0100
  Murphy defaults
  Assigned to elJefe, Wed, 3 Jun 1998 12:30:06 +0100
  Judged FALSE, Tue, 9 Jun 1998 21:54:00 +0000
  Published, Mon, 15 Jun 1998 09:35:06 +0100

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Judgement: FALSE

Reasons and arguments:

Obviously there is a huge loophole in the Order rules, which allows
any player to issue these kinds of orders.  I see Swann's points and
am in some sympathy with them, but the specific question of the CFJ
concerns the series of orders in "Here we go...".  Some of these order
individual players to refrain from granting or making certain judicial
motions or making orders or appealing other orders, and others order
individual players to refrain from appealing the ones just mentioned.

These are not Orders to Compel directed to a Judge (Rule 1830), but
are merely restraining in character.  The Caller argues that none of
the orders individually hinder their own appeal, even though they do
collectively seek to prevent their own appeal.

A question: if order X seeks to prevent the appeal of order Y, and
order Y seeks to prevent the appeal of order X, then in that context,
is Y acting to hinder its own appeal? I would have to say yes,
indirectly.

If order X seeks to prevent the appeal of all other orders, and a
later order Y seeks to prevent the appeal of order X, then in that
context, is Y acting to hinder its own appeal?  Again I would say yes,
indirectly.  And Rule 1796 contains the phrase "in any way", which is
strong enough to contain direct and indirect actions.

I therefore rule that at least the even numbered Orders (of the form
"Order 2n+2: player #n is ordered to refrain from appealing Order
2n+1") are barred by Rule 1796.  This is enough to determine a
judgement of FALSE.

I do not go so far as to infer the invalidating of the odd-numbered
Orders, though I admit there is a talking point there as well. A
definitive judgement on that question would be thorny and unnecessary
to the present CFJ, and thus I leave it to another Judge.

======================================================================

(Caller's) Arguments:

For the basic valitity of a private transfer order I refer the Judge
to the Reasons and Arguments of the first Coup d'etat CFJ. (qv)

For the validity of the current statement, there are only two rules
that would impose additional restrictions on these Orders.  These are
Rules 1796 and 1830.

The apparently strong Rule 1830;

>       No valid Order to Compel may be directed to a Judge, or may
>       require the performance of any duty required of Player by the
>       virtue of that Player being a Judge.  Any such Order is
>       invalid.  Any CFJ alleging that a Judge has failed to perform
>       a duty of a judicial nature shall be dismissed.

There are a number of flaws here.  One, it is arguable that one can
compel Judical actions as long as the Player comelled is not a Judge
at the time, which none of the Players in the Orders in question were.
Two, the rule makes no refernce to Orders that phrohibit action
(ie. An order not to Judge FALSE) which is the form in which the
Orders in question were cast.  Three, the most devistating flaw, this
rule refers *only* to Orders to Compel-- a specific type of Order
defined in Rule 1509;

>       Upon a judicial finding that a Player has failed to perform a
>       duty required of em by the Rules, the Judge so finding shall
>       execute an Order, requiring that Player to perform that duty
>       as soon as possible.  Such an Order is known as an Order to
>       Compel.
>

It is unquestionably true that the Orders in question were *not*
Orders to Compel as defined in the rules, and therefore 1830 does not
apply at all.

The other rule that applies is Rule 1796;

>       Furthermore, no Order may act to prevent or hinder its own
>       appeal in any way, and any portion of an Order which has this
>       effect is void and without force.

This is much simpler.  None of the Orders in question hinder their
*own* appeal, they only hinder the appeal of other Orders, which is
not forbidden.

Given these facts, I believe that the Judge has no question but to
rule these Orders valid.
======================================================================
Evidence:


Rule 1796/0 (Power=1)
Validity of Orders

      All Orders executed in the manner prescribed by the Rules for
      their class and type are presumed valid and enforceable until
      proven otherwise by CFJ.

      In order to be proven valid by CFJ, the Rules must permit the
      Player who executed the Order in question to execute such an
      Order, that the execution of the Order must have been required
      by or permitted in the circumstances which existed at the time
      it was executed, and that the Order has not been rendered
      invalid by the operation of any other Rule.

      Furthermore, no Order may act to prevent or hinder its own
      appeal in any way, and any portion of an Order which has this
      effect is void and without force.

----------------------------------------------------------------------
Rule 1509/3 (Power=1)
Orders to Compel

      Upon a judicial finding that a Player has failed to perform a
      duty required of em by the Rules, the Judge so finding shall
      execute an Order, requiring that Player to perform that duty as
      soon as possible.  Such an Order is known as an Order to
      Compel.

      If the duty in question arises because the Player in question
      holds a specific Office or other position of official
      responsibility, the Order shall be directed to that Office or
      position.  If the Player holding that Office fails to perform
      the duty in question as ordered, the Judge shall Order that that
      Player be removed from Office or position.

      If the duty in question arises for a reason not related to the
      Player in question holding a specific Office or official
      position, and that Player fails to perform the duty as ordered,
      the Judge shall amend the Order to require the Speaker to
      perform that duty instead.

----------------------------------------------------------------------

Rule 1830/0 (Power=1)
No Compulsion of Judges

      No valid Order to Compel may be directed to a Judge, or may
      require the performance of any duty required of Player by the
      virtue of that Player being a Judge.  Any such Order is invalid.
      Any CFJ alleging that a Judge has failed to perform a duty of a
      judicial nature shall be dismissed.

----------------------------------------------------------------------
> Subject:
>              Here we go...
>         Date:
>              Thu, 21 May 1998 08:48:35 -0400
>        From:
>              Steven Swiniarski <saswann@gwis.com>
>  Organization:
>              S Andrew Swann
>          To:
>              Agora-Official <agora-official@gecko.serc.rmit.edu.au>
>
>
>
>
> Deeper into the Machiavellian aspects of Orders;
> Rule 1796 only prohibits Orders from interfering in their *own*
> appeal.
>
> Order the First.
> I hereby Order and compel Player Antimater to refrain from granting
> any and all Motions to stay or vacate Orders made by player Swann, e
> must also refrain from issuing such Motions emself.  E shall not
> either stay or vacate such Orders under eir own authority.  Nor--
> with the sole exception of this Order-- shall e appeal such Orders.
>
> Order the Second.
> I hereby Order and compel Player Antimatter to refrain from appealing
> Order the First in this message.
>
> Order the Third.
> I hereby Order and compel Player Blob to refrain from granting
> any and all Motions to stay or vacate Orders made by player Swann, e
> must also refrain from issuing such Motions emself.  E shall not
> either stay or vacate such Orders under eir own authority.  Nor--
> with the sole exception of this Order-- shall e appeal such Orders.
>
> Order the Fourth.
> I hereby Order and compel Player Blob to refrain from appealing Order
> the Third in this message.
>
> Order the Fifth.
> I hereby Order and compel Player Chuck to refrain from granting
> any and all Motions to stay or vacate Orders made by player Swann, e
> must also refrain from issuing such Motions emself.  E shall not
> either stay or vacate such Orders under eir own authority.  Nor--
> with the sole exception of this Order-- shall e appeal such Orders.
>
> Order the Sixth.
> I hereby Order and compel Player Chuck to refrain from appealing Order
> the Fifth in this message.
>
> Order the Seventh.
> I hereby Order and compel Player Citro to refrain from granting
> any and all Motions to stay or vacate Orders made by player Swann, e
> must also refrain from issuing such Motions emself.  E shall not
> either stay or vacate such Orders under eir own authority.  Nor--
> with the sole exception of this Order-- shall e appeal such Orders.
>
> Order the Eighth.
> I hereby Order and compel Player Citro to refrain from appealing Order
> the Seventh in this message.
>
> Order the Ninth.
> I hereby Order and compel Player elJefe to refrain from granting
> any and all Motions to stay or vacate Orders made by player Swann, e
> must also refrain from issuing such Motions emself.  E shall not
> either stay or vacate such Orders under eir own authority.  Nor--
> with the sole exception of this Order-- shall e appeal such Orders.
>
> Order the Tenth.
> I hereby Order and compel Player elJefe to refrain from appealing Order
> the Ninth in this message.
>
> Order the Eleventh.
> I hereby Order and compel Player General Chaos to refrain from granting
> any and all Motions to stay or vacate Orders made by player Swann, e
> must also refrain from issuing such Motions emself.  E shall not
> either stay or vacate such Orders under eir own authority.  Nor--
> with the sole exception of this Order-- shall e appeal such Orders.
>
> Order the Twelfth.
> I hereby Order and compel Player General Chaos to refrain from appealing
> Order the Eleventh in this message.
>
> Order the Thirteenth.
> I hereby Order and compel Player Harlequin to refrain from granting
> any and all Motions to stay or vacate Orders made by player Swann, e
> must also refrain from issuing such Motions emself.  E shall not
> either stay or vacate such Orders under eir own authority.  Nor--
> with the sole exception of this Order-- shall e appeal such Orders.
>
> Order the Fourteenth.
> I hereby Order and compel Player Harlequin to refrain from appealing
> Order the Thirteenth in this message.
>
> Order the Fifteenth.
> I hereby Order and compel Player Kolja A. to refrain from granting
> any and all Motions to stay or vacate Orders made by player Swann, e
> must also refrain from issuing such Motions emself.  E shall not
> either stay or vacate such Orders under eir own authority.  Nor--
> with the sole exception of this Order-- shall e appeal such Orders.
>
> Order the Sixteenth.
> I hereby Order and compel Player Kolja A. to refrain from appealing
> Order the Fifteenth in this message.
>
> Order the Seventeenth.
> I hereby Order and compel Player Michael to refrain from granting
> any and all Motions to stay or vacate Orders made by player Swann, e
> must also refrain from issuing such Motions emself.  E shall not
> either stay or vacate such Orders under eir own authority.  Nor--
> with the sole exception of this Order-- shall e appeal such Orders.
>
> Order the Eighteenth.
> I hereby Order and compel Player Michael to refrain from appealing Order
> the Seventeenth in this message.
>
> Order the Nineteenth.
> I hereby Order and compel Player Morendil to refrain from granting
> any and all Motions to stay or vacate Orders made by player Swann, e
> must also refrain from issuing such Motions emself.  E shall not
> either stay or vacate such Orders under eir own authority.  Nor--
> with the sole exception of this Order-- shall e appeal such Orders.
>
> Order the Twentieth.
> I hereby Order and compel Player Morendil to refrain from appealing
> Order the Nineteenth in this message.
>
> Order the Twenty-first.
> I hereby Order and compel Player Oerjan to refrain from granting
> any and all Motions to stay or vacate Orders made by player Swann, e
> must also refrain from issuing such Motions emself.  E shall not
> either stay or vacate such Orders under eir own authority.  Nor--
> with the sole exception of this Order-- shall e appeal such Orders.
>
> Order the Twenty-second.
> I hereby Order and compel Player Oerjan to refrain from appealing Order
> the Twenty-first in this message.
>
> Order the Twenty-third.
> I hereby Order and compel Player Murphy to refrain from granting
> any and all Motions to stay or vacate Orders made by player Swann, e
> must also refrain from issuing such Motions emself.  E shall not
> either stay or vacate such Orders under eir own authority.  Nor--
> with the sole exception of this Order-- shall e appeal such Orders.
>
> Order the Twenty-fourth.
> I hereby Order and compel Player Murphy to refrain from appealing Order
> the Twenty-third in this message.
>
> Order the Twenty-fifth.
> I hereby Order and compel Player Steve to refrain from granting
> any and all Motions to stay or vacate Orders made by player Swann, e
> must also refrain from issuing such Motions emself.  E shall not
> either stay or vacate such Orders under eir own authority.  Nor--
> with the sole exception of this Order-- shall e appeal such Orders.
>
> Order the Fourth.
> I hereby Order and compel Player Steve to refrain from appealing Order
> the Twenty-fifth in this message.
>
> --

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