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

| IltC OIL 'uiliHdI OIL TIE UOdIQ Ol lIuS-
tees Gi Clemson, state college, COM
es under this head.
Mr.. johns: one was elected to the
legislature 4 year ago. AMI has served
as m*AI'tr Of fiat body for the
term. iDon the death Of Col. D. II.
Norris. several months ago, he was
elected The fist lite member Of the
board of 'ru:.:eo> of Ciem5o1. A few
weeks age, Col. R. W. Simpson resign
ed as chairman Of the board, and Mr..
Jolnstone was elected to succeed
hiul. V1'on 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.
Specia! reference is made in one or
, more sections Of the constitution as to
the eligibility to a seat in the gener-
al assembly Of person "holding an
office or position Of profit or trust
under this state, United States Of
America, or any Of them, under any
cher ;,ower, etc." While the Office of
chairman is not one Of profit, it ap-
pears that it is clearly position of
trust. and under this construction of
the constitution, Representative John
stone will have to vacate one Of the
Offices.
The Constitution Of 1895, Article
8, Section "a: "No person shall be
eligible to seat in the general assem-
bly, while he holds an office or posi-
tion Of profit or trust under this
state, United States of America, or
any of them, OF 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 1895, Article 2,
Section 2: "But no person shall hold
two offices of honor or profit at the
same time.'
The Constitution Of 1895, Article 3,
Section II Each house shall judge
Of the election returns and qualifica-
ton of its own members
The house Of representatives, Ses-
sion 1896, declared the seat Of the
Hon. John T. Duncan, a member from
Newbe1ry. 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 T. Cas-
ton, 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, "a S. c., page 2S2, 80 S.. E. R.,
page 4O6, says: "The Constitution
adopted in the year Of 1895 in Arti-
Gle 2, Section 2, provides: "But Nj
person shall hold two ojees Of honor
Or profit at the same time.'' 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 holding
that Mr.. Crouch could not hold the
position of clerk Of the court and IN
tendant 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 person could
not be alderman Of a town and trus-
tee of a school; also a person could
not be school trustee and water works
commissioner at the same time; also
could not be a beer dispenser and al
derman at the same time; also could
not be a postmaster and intendant or
alderman at the same time. and fur
thermore that warden is an officer
within the purview Of the Constitu-
tional provision and that man can
not 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
,,,o,oeo,ta4iyac Of tho Soccion of 7Q00