The herald and news. [volume] (Newberry S.C.) 1903-1937, 1907-09-03
REVIEWING THE LAW.
There Shall be no Discrimination
Even if it Does Affect
Others.

4 1t has been very evident that the
friends of Clemson College through
out the state were very much "vati!ied
by the action Of the board of trustees
in elccting Hon. Alan Johnstone as
chairman Of the board to succeed Col.
r. w. Simpson, upon the latter's re-
signation Of the chairmanship last
week. Mr.. Johnstone was for several
years an elected member of the board
and was later, few years ago, chos-
Ell by the life members Of the board
to fill a vacancy as life member. He
is man Of the highest character and
fine business ability and it is rec
oenizod that no better selection as
president Of the board could have
been made. Mr.. Johnstone is now
a member of the house of represen-
tatives from Newberry county and
his influence in that body is felt. He
was called on to expound Ncwberry
colleges side Of certain questions
last session and did 50 in an admir-
able speech.
1t is now. evident, however, that the
point is going to be raised whether or
not Mr.. Johnstone can hold the posi-
tion Of chairman of the board and
member of the house, but it is not
likely that anything can be made of
this point, since his election as chair
man does not change his status as a
trustee under the Clemson will, and
as such trustee he is not holding Il
state Office. The Constitution says
that emo person shall hold two Off
ces of honor or profit at the same
time,' but the position of life
trustee can hardly be considered an
Office Of the State of South Carolina,
since the appointment does not come
from the state at all.
If, however, the point should be
sustained it might affect others than
Mr.. tombstone. Senator Tillman, for
instance, is also life trustee Of
Clemson under the Clemson will and
he is also not only holdin" the Office
Of United States Senator, but is a
trustee Of Winthrop College, elected
by the General Assembly. 1t has
been frequently held that the posi-
ton OF election trustee Of Il public
school or of a state college is an "of-
fee in the meaning of the law.
In spcalin" Of the duties of the
Governor the Constitution, Article
~, Section II, says: "He shall COM
mission all officers of the state" and
yet the records in The Office Of the
Secretary of State show that the only
two trustees of Winthrop who have
ever received commissions are DR.. E.
S. Joynes and Mr. D. w. McLaurin.
Section Gl0, of the Civil Code, pro-
vides: "No executive, judicial or 9TH
er officer, elected or appointed to. any
Office in the state, shall be entitled to
receive any pay or cmoluments of Of
flee unit. he shall have been duly COM
missioncd and qualified and shall have
given bond, when so required to 10
by law.' The trustees Of state collie
ges, Of course, receive only mileage
, and per diem and their service is Civ
I ell the state perhaps al Il loss to them
I selves financially; still they receive
! pay FOR their services and come under
! the provisions of this Scction So
far as is known all the present mem
!, bcrs Of the board Of trustees of
( Clemson, who are elected by the Leg
( islature, have taken out commissions.
{. as have those Of the State University
: and the negro college.
AS The Senator from Ncwbcrry has
. announced his intention to run for
: governor next year, the name Of Mr.
Alan Johnstone has been suggest ed
5 for that place, and he would make an
J admirable Senator. 1t will be unfor-
tunate if he is unable to remain in
: the house for the remainder Of the
term and if he is unable to stand for
the senate, and it is not believed that
the objection to his doing SO is sound
However, if the fine points Of the
law are to be insisted upon there is
no more reason to single out Mr.
Johnstone than other more promin-
ent members of the boards of trus-
tees.
II REFERS TO OTHER DECISIONS.