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Date: Fri, 21 Jul 95 00:49:35 CST  
>From: "Charles E. Carroll" <ccarroll@students.wisc.edu>
Message-Id: <2984.ccarroll@students.wisc.edu>
To: nomic-official@teleport.com
Subject: OFF: Judgement of CFJ 791
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Status: RO

Judgement of CFJ 791

Zefram receives 5 points for speedy Judgement.

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

CFJ 791

Caller: Kelly

Statement: The Assessor's Report of 12 July 1995 is in error, in that
  it listed several Players as having cast extra Votes on various
  Proposals, when in fact it is not legally permitted for any Player
  whatsoever to cast an extra Vote. 

Barred: elJefe, Steve

Requested Injunction: none

Judge: Zefram
  Judgement: FALSE
  Injunction: none

Effects reported by COTC (* indicates new to this report):
 *Zefram receives 5 points for speedy Judgement.

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

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

History:
  Called by Kelly, July 18 1995, 03:06 EST5
  Assigned to TAL, July 18 1995, 13:55 UTC 
  Assigned to Zefram, July 19 1995, 06:28 UTC
  Judged FALSE by Zefram, Thu, 20 Jul 1995 21:27:50 +0100 (BST)
  Judgement published {as of this message}
 
==============================================================

Arguments of Caller (Kelly):

Rule 206/3 allows a Player to cast "any votes in addition to an 
Player's first vote [...] by the casting of Extra Votes, as specified 
in other Rules."
 
however, there is no Rule which allows a Player to "cast" "Extra
Votes".  a Player may (Rule 1442/5) "use" "Extra Votes" to cast "extra 
Votes".  I believe that the capitalization is _very_ significant.
that's not casting "Extra Votes", but rather "extra Votes".  Extra 
Votes are a Currency, while extra Votes are Votes above and beyond the 
first Vote granted by 206.  Rule 206 specifically requires that the 
casting of extra Votes may only be achieved by the casting of Extra
Votes--and yet, as I have said, there is no procedure for casting 
Extra Votes.  I am not even sure what it might mean to cast a Currency 
on a Proposal.

Rule 754 cannot apply in this case, as 754 only applies when an error 
does not introduce an ambiguity, and I believe that a change of
capitalization of the word "Extra" in Rule 206 would completely change 
the meaning of this Rule, so it seems quite clear to me that the error 
_does_ introduce an ambiguity of meaning. 
 
Since there is no legal means specified in the Rules for the casting 
of Extra Votes upon Proposals, no Player may cast a vote beyond the
first granted by Rule 206.  The Assessor's allegation that various 
Players did legally cast extra Votes is therefore in error. 
 
Therefore, the 1 extra Vote supposedly cast by elJefe, and the 3 extra
Votes supposedly cast by Steve, on Proposal 1612, are invalid, and 
therefore this Proposal fails 4 to 7; and the 1 extra Vote supposedly 
cast by Swann on Proposal 1613 is invalid, and therefore this Proposal 
passes 8 to 3. 
 
==============================================================

Arguments of Judge (Zefram):

Rule 206/3 states:

      ...  The casting of any votes in addition to a Player's first
      vote may only be achieved by the casting of Extra Votes, as
      specified in other Rules.

I interpret this as defining "Extra Votes" as a class of Nomic Entities
that is a subclass of the class "Votes".  Extra Votes consequently have
some of the characteristics of Votes, including that they may be "cast"
on Proposals.  The casting of Votes (including Extra Votes) on
Proposals has certain well-defined effects described elsewhere in the
rules, particularly in Rule 955/2.  The fact that Extra Votes are also
a Currency, while Votes are not, is entirely irrelevant to this.

Hence the application of the word "use" to Extra Votes in Rule 1442/5
is unambiguous, as casting is the only way to use Votes, including
Extra Votes.  It is possible to cast Extra Votes on a Proposal, because
they are Votes.

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

Evidence presented by Caller (Kelly):

I. Rule 206/3 
II. Rule 1442/5 
III. Rule 754/0 
IV. Assessor's Report of 12 July 1995 
V. Claim of Error on Exhibit IV 
VI. elJefe's Denial of COE (exhibit V) 
 
-------I. 
 
Rule 206/3 (Mutable, MI=1) 
Players and Votes
 
      Each Player has two votes per Proposal, unless another Rule 
      specifically says otherwise, and no Player shall have more than 
      five votes on any Proposal, regardless of what any other Rule
      may say to the contrary. The casting of any votes in addition 
      to a Player's first vote may only be achieved by the casting of 
      Extra Votes, as specified in other Rules.
 
 
History: 
Initial Mutable Rule 206, Jun. 30 1993 
Amended(1) by Proposal 1479, Mar. 15 1995 
Amended(2) by Proposal 1553, Apr. 14 1995 
Amended(3) by Proposal 1565, Apr. 28 1995 
 
-------II. 
 
Rule 1442/5 (Mutable, MI=1) 
Using Extra Votes 

      Provided that e possesses sufficient Extra Votes, a Player may 
      use them to cast extra Votes on a Proposal up to the maximum 
      allowed to them for that Proposal, as specified in other Rules. 

History: 
Created by Proposal 1479, Mar. 15 1995 
Amended(1) by Proposal 1533, Mar. 24 1995
Amended(2) by Proposal 1538, Apr. 4 1995 
Amended(3) by Proposal 1544, Apr. 14 1995 
Amended(4) by Proposal 1565, Apr. 28 1995 
Amended(5) by Proposal 1601, Jun. 19 1995 
 
-------III. 
 
Rule 754/0 (Mutable, MI=1) 
Spelling and Grammar Errors 
 
      Differences in spelling, grammar, or dialect, or the 
      substitution of a word or phrase by a synonym or abbreviation, 
      are inconsequential in all forms of Nomic communication, as long
      as there is no ambiguity in meaning. In other words, the meaning 
      or validity of such communication is not altered in any way by 
      such discrepancies. 
      (*Was: 435*)
 
-------IV. 

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Date: Wed, 12 Jul 1995 10:03:12 -0400 
>From: jlc@camex.Camex.COM (Jeff Caruso) 
Message-Id: <9507121403.AA01346@zeus.Camex.COM> 
To: nomic-official@teleport.com
Subject: OFF: Report on COE, and Corrected Assessor's Report 
Sender: owner-nomic-official@teleport.com 
Precedence: bulk
Reply-To: nomic-discussion@teleport.com 
 
COE Accepted. 
 
------------------------------------------------------------------------- 
Steve claimed: 
> I Claim that the above Assessor's Report is in Error, in that Proposal 
> 1612 passed. 
>  
> Argument: 
>  
> I intend to argue that Proposal 1612 actually had an AI of 1, not 2, and 
> hence that the Proposal passed. The argument is an argument from precedent. 
> For consider CFJ 779, which I include here in full, with the arguments 
> presented by Caller Chuck and Judge Michael: 
 
[CFJ 779, and Rule 1453 deleted]
 
> It should be apparent that Rule 1453 contains precisely the same faulty 
> language that Chuck noticed in Rule 1466. So a consistent application
> of the Judgement in CFJ 779 assigns to Proposal 1612 an AI of 1, not 
> 2. Since the Proposal received 8 votes in favour and 7 against, the 
> Proposal passes. 
 
Steve is quite correct. The wordings are precisely the same, and  
Michael's ruling in Chuck's CFJ 779 should apply to Proposal 1612. 
 
Therefore, I issue the following corrected Assessor's report: 
 
---------------------------------------------------------------------------- 
---------------------------------------------------------------------------- 
---------------------------------------------------------------------------- 
 
Assessor's Report, Mon Jul 10 15:34:45 EDT 1995, for Proposals 1608-1618, 
as corrected July, 1995 and July 12, 1995. 
 
=============================================================================
Num. AI  Proposer      Title                               RESULT 
 
1608     JonRock       Clean Up the F-A Rule               FAILS  1-7 (4)
1609     JonRock       Encourage EV Expenditure            FAILS  0-8 (4) 
1610     JonRock       I'm Sick And Tired...This Typo      PASSES 6-2 (4) 
1611 [1] JonRock       Award JonRock the OoM               FAILS  0-11 (1) 
1612 [1] Steve         Steve the Machiavellian             PASSES 8-7 (1) 
1613     Swann         Fix 1440                            PASSES 9-3 (1) 
1614     Steve         A Coercive Proposal (!)             NOT A PROPOSAL 
1615     Steve         Another Coercive Proposal           NOT A PROPOSAL 
1616     Andre         Send a Condoleance to Thring        FAILS  4-6 (2) 
1617     Steve         Bring back EV scarcity              PASSES 7-3 (2) 
1618 [2] Steve         Definition of 'Active Player'       PASSES 10-1 (1) 
 
 
Note: the quorum for 1608-1618 was 8. 
 
Proposals 1608-1609 were disowned.  No voting points or proposer  
penalties are given for these proposals. 

1614 was declared "not a Proposal" by CFJ 786. 1615 is treated  
identically. No voting points or proposer penalties are given  
for these, nor are the results reported.
 
Interestingly, _none_ of the Powers cast turned out to have any 
effect, except for the Influence(4) power Steve cast on himself. 
 
Proposals 1611-1612 actually had an A.I. of 1, consistent 
with the ruling in CFJ 779. 
 
============================================================================= 
Result of Proposals 1608-1618 
 
               1  1  1   1  1  1        1  1  1  
               6  6  6   6  6  6        6  6  6  
               0  0  1   1  1  1        1  1  1  
               8  9  0   1  2  3        6  7  8  
 
Bowen          A  A  A   A  A  A        A  A  A  
Brian          F  A  F   A  A  F        -  F  F
Chuck          A  A  -   A  A  A        A  A  F  
ElJefe         A  A  -   A 2F  F        A  F  F  
Kelly          -  -  F   A  A  F        A  A  F
KoJen          A  A  F   A  A  A        F  -  F  
Michael        -  -  -   -  -  -        -  -  -  
Steve          A  A  F   A 4F  F        A  F  F  
Swann          -  -  -   A  A 2F        F  F  F  
TAL            A  A  A   A  F  F        A  F  F  
Vanyel         -  -  F   A  F  F        F  F  F  
Zefram         A  A  F   A  A  F        F  F  F  
 
F-A            -  -  4 -11  1  6       -2  4  9 
 
FOR            1  0  6   0  8  9        4  7 10  
AGAINST        7  8  2  11  7  3        6  3  1  
ABSTAIN        4  4  4   1  1  1        2  2  1  
 
A.I.           1  1  1   1  1  1        1  1  2  
PASSES?        N  N  Y   N  Y  Y        N  Y  Y  

 
*** Scorekeepor, please note: 

Andre             -2 (-2 F-A) 
Bowen             +7 (+7 Voting) 
Brian             +7 (+7 Voting) 
Chuck            +57 (+7 Voting +50 Oracle 1612) 
ElJefe            +7 (+7 Voting) 
JonRock           -6 (-7 F-A +1 Short 1610) 
Kelly             +7 (+7 Voting) 
KoJen            -43 (+7 Voting -50 Oracle 1612) 
Michael           +7 (+7 Voting) 
Steve            +33 (+14 F-A +2 PP 1617 +2 PP 1618 +5 Repeal 1617 
                      +1 Short 1612 +1 Short 1617 +1 Short 1618 +7 Voting) 
Swann            +13 (+6 F-A +7 Voting) 
TAL               +7 (+7 Voting) 
Vanyel            +7 (+7 Voting) 
Zefram            +7 (+7 Voting) 
 
=============================================================================
Powers Cast: 
 
(Card transfers are not shown; the recordkeepor is the Banker.)
 
Date: Sat, 1 Jul 95 11:36:31 CST   
  Chuck cast the Oracle Power on KoJen for Proposal 1612. 
 
Date: Sat, 1 Jul 95 11:36:51 CST   
  Chuck cast one Quiet Power on Kelly, for Proposal 1612. 
 
Date: Sun, 2 Jul 95 04:31:25 CST   
  Chuck cast another Quiet Power on Dave Bowen for Proposal 1612. 
 
Date: Sun, 2 Jul 95 04:55:57 CST   
  Chuck cast one Reversal power on JonRock for Proposal 1611. 
 
Date: Fri,  7 Jul 95 11:01:39 -0400 
  KoJen predicts Proposal 1612 will fail. 
 
Date: Mon, 10 Jul 1995 15:40:01 +1000 (EST)
  Steve cast the other Reversal power on Andre for Proposal 1612. 
  Steve cast the Influence (4 votes) Power on himself for Proposal 1612. 

 
============================================================================= 
Extra Votes: Official Report of the Recordkeepor 
============================================================================= 
 
Name        6/1  6/6 6/12 6/19  7/1 7/10 
==========  ===  ===  ===  ===  ===  === 
Andre        5    5    5    4    4    4 
Bowen        3    3    3    3    3    3 
Brian       --   --   --   --   --    0 
Chuck       10   10   15   14   15   18 
Coren       12   12   12   12   12   12 
elJefe       0    0    0    0    4    4 
Ian          0    0    0    0    0    0 
JonRock      3    3    3    3    3    3 
Kelly       11   11   11   18   18   18 
KoJen        6    6    6    6    6    3
Michael     40   40   40   40   36   36 
Pascal       3    3    3    3    3    3 
Steve       11   11   11   11   11   10
SugarWater  --   --   --    0    0    0 
Swann       14   14   14   14   14   14 
TAL          6    6    1    1    0    1 
Vanyel       4    3    3    2    2    2 
Xanadu       2    2    2    2    2    2 
Zefram      --   --   --    0    0    0 
 
TOTAL      133  132  132  136  133  133 
 
Number of Players currently Registered:  19 
Threshhold for EV creation            :  95 
 
============================================================================= 
Extra Votes cast: 
  7/6:   Swann FOR 1613 
  7/9:   Steve FOR 1612 
  7/10:  Steve FOR 1612 (two more)
  7/10:  elJefe FOR 1612 
 
=============================================================================
Transfers since 7/1: 
  7/9:   Steve to TAL:     1 
 
============================================================================= 
Other EV changes: 
  7/10:  Under the Oracle Rule, 3 EV's are transferred from KoJen 
         to Chuck. 
 
============================================================================= 
Correction of Error in Previous Report: 
 
  TAL's extra vote cast on 6/23 was not destroyed, and so was available  
  to be transferred to Chuck when TAL transferred 1 EV on 6/29. 
 
 
============================================================================= 
=============================================================================
Text of Adopted Proposals: 
 
---------------------------
 
Proposal 1610 (JonRock) AI=1 
I'm Sick And Tired Of Looking At This Typo 
(amends a rule) 
 
Amend Rule 478 by replacing '"' with '.'. 
 
--------------------------- 
 
Proposal 1612 (Steve) 
Steve the Machiavellian 
 
The following Directive is hereby adopted: that Steve be awarded the Patent 
Title of the Order of Machiavelli. 
 
--------------------------- 

PROPOSAL 1613 (Swann) AI=1 
Fix 1440 
(Amends a Rule)
 
Amend Rule 1440/0 to read as follows: 
 
      A Player may Erase eir Blots by spending five Points for each 
      Blot Erased. A Player may Erase any number of Blots as long as e 
      does not reduce eir Point total below zero.  A Player with less 
      than five Points may not Erase Blots. 
 
      The Player must notify both the Scorekeepor and the Tabulator, 
      in the Public Forum, of the number of Blots e is erasing, and the 
      number of Points e is spending to do so. 
 
      If this requires more Points than the Player has at the time of 
      the request, then no Blots are erased, and no Points are lost. 
 
      If there are sufficient Points, the Player's Point and Blot totals are 
      reduced by the requested amount.
 
      Other rules may define additional methods of Erasing Blots. 

--------------------------- 
 
Proposal 1617 (Steve) AI=1, protoed 
Bring back EV scarcity 
 
Repeal Rule 1480. 
 
--------------------------- 
 
Proposal 1618 (Steve) AI=2, protoed 
Definition of 'Active Player' 
 
Amend Rule 1016 by appending to the first paragraph the sentence: "An 
Active Player is a Player who is not On Hold." 
 
------------------------------------------------------------------------- 
-------------------------------------------------------------------------
------------------------------------------------------------------------- 
 
- elJefe, Assessor of Agora Nomic
 
****************************************************************** 
  Dr. Jeffrey L. Caruso <jlc@triple-i.com> 
  Information International 
 
-------V. 
 
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Date: Thu, 13 Jul 95 02:15:26 EST5 
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>From: kelly@poverty.bloomington.in.us (Kelly Martin) 
To: nomic-business@teleport.com 
Subject: BUS: COE: Assessor's Report 
Sender: owner-nomic-business@teleport.com 
Precedence: bulk 
Reply-To: nomic-discussion@teleport.com 
 
I claim that the most recent Assessor's Report is in error, in that it 
listed several Players as having cast extra Votes on various 
Proposals, when in fact it is not legally permitted for any Player 
whatsoever to cast an extra Vote. 
 
Reasoning: 
 
Rule 206/3 allows a Player to cast "any votes in addition to an 
Player's first vote [...] by the casting of Extra Votes, as specified 
in other Rules."
 
however, there is no Rule which allows a Player to "cast" "Extra 
Votes".  a Player may (Rule 1442/5) "use" "Extra Votes" to cast "extra
Votes".  I believe that the capitalization is _very_ significant. 
that's not casting "Extra Votes", but rather "extra Votes".  Extra 
Votes are a Currency, while extra Votes are Votes above and beyond the 
first Vote granted by 206.  Rule 206 specifically requires that the 
casting of extra Votes may only be achieved by the casting of Extra 
Votes--and yet, as I have said, there is no procedure for casting 
Extra Votes.  I am not even sure what it might mean to cast a Currency 
on a Proposal. 
 
Rule 754 cannot apply in this case, as 754 only applies when an error 
does not introduce an ambiguity, and I believe that a change of  
capitalization of the word "Extra" in Rule 206 would completely change 
the meaning of this Rule, so it seems quite clear to me that the error 
_does_ introduce an ambiguity of meaning. 
 
Since there is no legal means specified in the Rules for the casting 
of Extra Votes upon Proposals, no Player may cast a vote beyond the
first granted by Rule 206.  The Assessor's allegation that various 
Players did legally cast extra Votes is therefore in error. 

Therefore, the 1 extra Vote supposedly cast by elJefe, and the 3 extra 
Votes supposedly cast by Steve, on Proposal 1612, are invalid, and 
therefore this Proposal fails 4 to 7; and the 1 extra Vote supposedly 
cast by Swann on Proposal 1613 is invalid, and therefore this Proposal 
passes 8 to 3. 
 
Respectfully submitted this 13th day of June, 
 
Kelly Martin, Speaker 
-- 
kelly martin                                 <kelly@poverty.bloomington.in.us> 
 
      It is not by their choice that Scientologists continue to practice 
     Scientology. 
 -- Andrew Milne (a Scientologist), on alt.religion.scientology 
 
-------VI.
 
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Date: Thu, 13 Jul 1995 11:06:21 -0400 
>From: jlc@camex.Camex.COM (Jeff Caruso) 
Message-Id: <9507131506.AA05813@zeus.Camex.COM> 
To: nomic-business@teleport.com 
Subject: BUS: Re: Kelly's Claim of Error 
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Kelly responds to me: 
> Jeff> Rule 206 says that players may cast up to two votes.  It says that 
> Jeff> votes beyond the first may be cast only by casting Extra Votes.   
> Jeff> Rule 1442 explicitly allows a player to cast extra votes provided  
> Jeff> they have enough Extra Votes.  Rule 754 and Rule 116 should fill  
> Jeff> in any remaining gaps. 
>  
> 754 cannot be applied when an error causes a change in meaning.  i 
> believe this is clearly the case. 
>  
> you haven't explain howed one can "cast" a Currency on a Proposal.  if 
> you're saying that i can cast Currencies on Proposals, then i hereby 
> cast 5 Points on Proposal 1625.  tell me, what the hell did i just do?
 
I agree with you: this reading of Rule 206 is meaningless.  Therefore 
the other reading (with the capitalization reading "extra Votes") 
is the only meaningful one, and Rule 754 applies.
 
... 
> Rule 1442 does not allow anybody to cast Extra Votes; it allows
> Players to cast extra Votes.  because changing the capitalization 
> changes the meaning, Rule 754 _does not apply_: Rule 754 can only be 
> used when an error does not introduce ambiguity of meaning.  Rule 116 
> doesn't apply either because Rule 206 is specific and exclusionary. 
 
Interesting claim: reading it two different ways changes the meaning, but 
one of the ways has no meaning.  I don't think you can maintain both of  
these claims.  But you needn't convince me, just the Courts. 
 
... 
> Jeff>  [...] 
> 
> not posted to the PF, so even if you are responsible, this has no
> weight. 
 
You're quite right; I'm really messing up on these To: lines today, as  
when I posted a "private" reply to nomic-discussion. Sorry, Agorans!
 
I re-iterate, in the Public Forum: 

Steve should rule on this ASAP.  If by some wacky twist of the 
rules _I_ am the one responsible for ruling on this claim, then 
I DENY the claim for the reason cited. 
 
- elJefe 
 
****************************************************************** 
  Dr. Jeffrey L. Caruso <jlc@triple-i.com> 
  Information International 
 
-- 
 
============================================================

End of CFJ 791

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