The herald and news. [volume] (Newberry S.C.) 1903-1937, 1907-09-03

lice Of chairman of the board Of trus-
tees OF Clemson, state college, COM
es under this head.
Mr.. Jnl,n:one was elected to the
legislature Il year ago. anu has served
as Il menIhtr Of frat body for the
term. Upon the death of Col. d. X.
Norris, several months ago, he was
elected the first life member of the
board al Iru,:eoS of Clemson. A few
weeks ago, Col. r. w. Simpson resign
ed rs chairman Of the board, and Mr..
JohnStone was elected to succeed
him. V1'"n his election to the chair
manship, the contention as to his
holding two positions Of profit or
trust at the same time arose, and it is
expected that some fine points Of
law will be raised in the settlement of
the question.
Special reference is made in one or
, more sections Of the constitution as to
the eligibility to seat in the gener-
al assembly of & person "holling an
ot'lee or position of profit or trust
Under his state, United States of
America, or any of them, under any
":hcr :'ower, etc." While the office of
chairman is not one of profit, it ap-
pears that it is clearly position of
trust. end under this construction of
the constitution, Representative john
stone will have to vacate one Of the
! offices.
The Constitution of 1895, Article
3, Section "a: "No person shall be
eligible to a seat in the general assem-
bly, while he holds an office or posi-
ton OF profit or trust under this
state. United States of America, or
any Of them, or under any other pow
er except officers in the militia and
notaries public. and if any member
shall accept or exercise any of the
said disqualifying Offices or positions
he shall vacate his seat.'
The Constitution Of 1898, Article 2,
Section 2: "But no person shall hold
| two Offices of honor or profit al the
same timc'
| The Constitution Of 1898, Article 3,
Section ii "Each house shall Judge
Of the election returns and gualifca-
tion of its own mcmbcrs.n
The house of representatives. Scs-
sion 1896, declared the scat of the
| Hon. John II. Duncan, Il member from
| Ncwberry. vacant. because he at the
same time held the position Of chief
clerk to the secretary Of state. The
same house at the same session de-
clared the seat of Hon. John r. Gas
ton, a member from Aiken, vacant be-
cause he held the position Of clerk in
the state dispensary, under the Act of
the General Assembly.
The supreme court Of South Caro-
lima, in the case Of the State VS.. Cole
man. 81 S. c., page 2S2, 32 S.. e. r.,
page 40G, says: "The Constitution
adopted in the year of 1895 in Arti-
Gle 2, Section 2, provides: "But u,
person shall hold two ojces Of honor
or profit at the same timc.' Unques-
tionably, the intendant of the town
OF Saluda is an office of honor. and
the Office of clerk Of the circuit court
OF Saluda county is an Office Of profit
1t would seem therefore that Mr..
Crouch fell within these words of the
Constitution. Therefore holdn"
that Mr.. Crouch could not hold the
position OF clerk Of the court and in
tcndant OF the town Of Saluda at one
and the same time, Notwithstanding
the fact that there was absolutely no
salary connected with the office of the
intendant.
Different attorney generals Of the
state have decided that a person could
no: be alderman Of a town and trus-
tcH Of school; also person could
not be school trustee and water works
commissioner at the same time; also
could not be Il beer dispenser and al
dcrman at the same time: also could
not be a postmaster and intendant or
alderman at the same time. and fur
thermore that Il warden is an officer
within the purview of the Constitu-
tional provision and that a man cam
moi be a warden and at the same time
a member Of the general assembly.
In order to settle definitely the
question now raised in the house of
representative at the session of 1900
| tho eoIlo,inc r,.,l,l;,,, ,,,,, ;,.,uJ