The herald and news. [volume] (Newberry S.C.) 1903-1937, 1907-09-10
IS CLEMSON A STATE INST1TU-
TION?

true that one cannot discuss pub
lie question in which the individual
is but an incident by virtue Of the
position he happens to hold, without
the discussion being construed as hav-
ing a personal atmosphere about it.
In the matter Of the Clemson College
discussion, Mr.. Alan Johnstone was
simply incidental to it, and what We
have had to say, as we have tried to
emphasize, was not meant to be per-
sonal to him at all. We stated, and
we now repeat, that he has always
taken great interest in Clemson Col
lege and having been on the board
during its building and having spent
much time and labor and thought in
getting the institution organized, it
was but a, compliment to his ability
that he should have been made life
member, and that he should, upon the
resignation Of Col. Simpson, be made
chairman &C the board.
And, as we have already said, it is
compliment to Newberry county that
one Of its citizens should be placed
in this honorable and responsible pos
ition.
Iu our first article We simply stat
ed what we conceived to be the law,
and if we understand the recent decis-
ion Of the supreme court which we had
not seen at that time, this position is
confirmed by the opinion Of the su-
preme court Of this state. We did
not raise any question other than was
already raised by the constitution and
laws of this state.
And now we desire, on the author
ity of the supreme court of this state,
to take issue with the News and Cour-
Ter when it says:
. "The discussion, however, brings
pointedly to the attention Of the peo-
pie of South Carolina the fact that
Clemson College is not state insti-
tuition. The chairman Of its govern
ing board is not an officer Of the state
of South Carolina. The control of
the institution is in the hands of sew
en- gentlemen who hold office as rep
resentatives Of a private decedent s
estate. South Carolina contributes
largely to support a college which is
essentially no more state institu-
ton than is Wofford or Erskine."
In the case of Hopkins VS.. Clemson
Agricultural College to which we have
already referred, it was undertaken to
obtain damages from the erection OF
a dixie by the college and the college
authorities in their answer aE7ge that
the suit could not be maintained, be-
cause it was a suit against the state
of South Carolina, and that the de-
fendant, namely, Clemson Agricul-
tural College, had no title Or interest
in said land.
The opinion in the circuit was de-
livered by Judge Aldrich. Chief JUS
tice Pope, in writing the opinion for
the supreme court, says: "We are
perfectly satisfied with the circuit
decree and will only add few OBJ
servations thereon"
Mr.. Clemson decided the Fort Hill
plantation to the state of South Car
olna in fee simple on certain condi-
tionS.
By act Of the legislature, the be-
quest was accepted and the condi-
tions complied with.
Judge Aldrich says: "Pursuant to
the power in discharge Of the trust
vested in him by the will Of Mr.. Glenn
son, on March 9Th, 1890, the executor
thereof conveyed, in fee simple, the
Fort Hill place, and all the residue
and remainder Of the estate Of testa-
tor (after paying legacies), unto the
state of South Carolina.''
On January 4th, 1894, the legisla-
ture authorized the board Of trustees
to purchase the Lee lands Of 229 acres
for $4,000 and pay for the same. The
deed was made on the 25th Of May,
1894. On the 24th Of December, 1890,
the general assembly abolished the de-
partment Of agriculture and office Of
commissioner Of agriculture, and de-
volved the duties and power Of the
board of trustees on Clemson Agricul-
tural college, on all the trustees, in
cluding the life, as we'll as the elec-
tive members.