From nomic-official-owner@teleport.com Fri Jun 16 09:44:37 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 JAA19542 for <blahedo@quincy.edu>; Fri, 16 Jun 1995 09:40:10 -0500
Received: (from daemon@localhost) by desiree.teleport.com (8.6.10/8.6.9) id HAA22828 for nomic-official-outgoing; Fri, 16 Jun 1995 07:39:37 -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 HAA22793 for <nomic-official@teleport.com>; Fri, 16 Jun 1995 07:39:26 -0700
Message-Id: <199506161439.HAA22793@desiree.teleport.com>
Received: by wing1.wing.rug.nl
	(1.37.109.8/16.2) id AA21275; Fri, 16 Jun 1995 16:40:42 +0200
From: Andre Engels <csg419@wing.rug.nl>
Subject: OFF: Judgement CFJ774
To: nomic-official@teleport.com
Date: Fri, 16 Jun 95 16:40:42 METDST
Mailer: Elm [revision: 70.85]
Sender: owner-nomic-official@teleport.com
Precedence: bulk
Reply-To: nomic-discussion@teleport.com
Status: RO

			JUDGEMENT CFJ 774
		(Kelly is not the Clerk of the Courts)

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

Judge:		Dave Bowen

Judgement:	TRUE

Eligible:	Chuck, Dave Bowen, elJefe, Ian, JonRock, KoJen,
		Michael, Steve, Troublemaker At Large, Vanyel, 
		Xanadu

Caller:		Swann

Not Eligible:	Swann (caller)
		Andre, Kelly (barred)
		Blob (1005)
		Coren, Pascal (1005 & On Hold)

Point changes:	Dave B. gains 5 points for Speedy Judgement

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

History:
	Called by Swann, June 16 1995, 01:54 -0400
	Assigned to Dave Bowen, June 16 1995, 09:18 UTC
	Judged TRUE by Dave Bowen, June 16 1995, 09:31 -0500

########################################################################

Arguments:

Yet another obvious point that needs to be made, to wit, Kelly's message to the 
Public Forum, Tue, 13 Jun 95 02:37:56 EST5, and I quote:

   "with Andre's consent, i hereby transfer the Office
    of Clerk of the Courts to him."

The only conditional in this sentence is that Andre consent to the transfer of 
the Office.

I quote Andre's message to the Public Forum:

   "I hereby publicly confirm my consent."

Therefore, from Rule 880/1:

     "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."

Therefore, when Kelly posted the message to the Public Form, stating eir
(implicit) resignation, Kelly ceased to be Clerk of Courts.  Any other legal
controversy surrounding the End of the Game, or the transition of
Speaker, does not apply here.  Andre may, or may not, be Clerk-- but the
Rules are unambiguous on the point that Kelly is *not* the Clerk.

#####################################################################

Reasoning of Judge:

Decision: TRUE

Reasoning: Kelly posted her resignation as Clerk of the Courts, conditional
   on Andre's consent, to the Public Forum.  Andre posted his consent to the
   Public Forum.  Thus, the requirements for resignation of office, as specified
   in Rule 880/1, were met and the office of Clerk of the Courts was transferred
   from Kelly to Andre.  Since there has been no succeeding transfer of this
   office back to Kelly, Kelly is not the Clerk of the Courts at the time this
   CFJ was submitted.




#####################################################################


References:


Date: Tue, 13 Jun 95 02:37:56 EST5
From: kelly@poverty.bloomington.in.us (Kelly Martin)
Subject: OFF: New CotC
To: nomic-official@teleport.com
Reply-To: nomic-discussion@teleport.com


"Andre" == Andre Engels <csg419@wing.rug.nl> writes:

Andre> Kelly is now Speaker.  This announcement is made in accordance
Andre> with step 3 of Rule 402/1.

Rule 1450/0 requires that i transfer the Clerkship within one week of
becoming Speaker.  with Andre's consent, i hereby transfer the Office
of Clerk of the Courts to him.

k.
--
kelly martin                                 <kelly@poverty.bloomington.in.us>

   There are members of any legislative body who can be differentiated from
            streetlights only because their noses don't light up.
                         -- Rep. Barney Frank (D-MA)

Date: Tue, 13 Jun 95 9:56:03 METDST
From: csg419@wing.rug.nl (Andre Engels)
Subject: BUS: Re: OFF: New CotC
To: nomic-business@teleport.com
Reply-To: nomic-discussion@teleport.com


>
> "Andre" == Andre Engels <csg419@wing.rug.nl> writes:
>
> Andre> Kelly is now Speaker.  This announcement is made in accordance
> Andre> with step 3 of Rule 402/1.
>
> Rule 1450/0 requires that i transfer the Clerkship within one week of
> becoming Speaker.  with Andre's consent, i hereby transfer the Office
> of Clerk of the Courts to him.
>
> k.
> --
> kelly martin                                 
<kelly@poverty.bloomington.in.us>
>
>    There are members of any legislative body who can be differentiated from
>           streetlights only because their noses don't light up.
>                        -- Rep. Barney Frank (D-MA)
>
>

I hereby publicly confirm my consent.

Andre


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

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

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

Andre