The herald and news. [volume] (Newberry S.C.) 1903-1937, 1907-09-03
Tuesday. September 3, 1907.
IS IT SETTLED?

e1cCl1Ou O1 WI. 11lloll oouil9eo'ie '-0
chairman of the Clemson board to
arouse so much comment On the SUBJ
.jeet. We took it for granted that
the presidency Of the board was a
position under the state Of South Car
olina, and inasmuch as the constitu-
ton is so explicit on this subject and
contains a separato article as to
members of the general assembly it
seemed that there was no other al
tentative.
We hope that We will not be mis-
understood. Our relations with Mr..
Johnstone as a member Of the legls-
lature have been exceedingly pleas
ant, and we should regret very much
for the necessity to arise Of spe-
cial election in this county, in addi-
ton to losing the services Of so valu-
able memebr as Mr.. Johnstone. So
we say we DO not desire to be misun-
derstood, but it does seem to US that
the constitution is very plain on this
subject. We do not claim to be any
thing but a layman, neither do we
claim any considerable knowledge Of
constitutional law, but it seems that
the constitution is very jealous Of
permitting members Of the general
assembly holding any other position
or office under the state or the Unit
ed States and excepts only two
members Of the militia and notarles
public.
The only question, since the matter
has been raised, as it seems to us IN
this discussion is, whether or not
the craftsmanship of the board OF
trustees Of Clemson college is a posi-
ton under this state or under the
United States and whether life
trusteeship is a position or office un-
der the state.
We believe that the position of life
trustee is a position under this state,
and so far as we know the question
has never been passed upon by any
judicial authority authorized to IN
terpret the question. The fact that
Senator Tillman holds this position
as we'll as that of U. S. Senator IS
not a precedent, because even those
who claim that the life trusteeshlp
is not position under the state would
not by the same argument endeavor
to justify the election OF Senator
Tillman by the legislature as mem
Der of the board of. trustees Of Win
throp college, and yet he holds this
position also. The section Of the
constitution which we quoted, how
ever. is that section which refers spe-
officially to members of the general
assembly and not the section which
inhibits the holding Of two Offices.
It seems to us. however, to get back
to Clemson. college, that when the
state of South Carolina accepted the
Clemson bequest and took charge Of
the property that those who are man
aging it, including the life trustees,
are holding positions under, and are
acting as agents of, the state.
In a recent decision Of the Supreme
Court which has come out in the ad-
vanced sheets Of II S. c. in the case
of Hopkins against 'Clemson college
this language Is used: >"Aetlon
against Clemson college for damages
IS an action against the state" The
Supreme Court also says in this opln-
ion: "The state Of South Carolina
now owns Fort Hill plantation in
fee, holds the legal title and is using
said place. The board of trustees OF
the Clemson Agricultural College IS
an agent Of the state and acting as an
agent of the state. 1t is evident that
all Of the property held by the board
Of trustees is the property Of the
state and Clemson college is public
corporation, and the tate has only
made the defendant clemson COL
lese) its agent in managing the land
and other property" 1t would seem
from the language of the Supreme
Court that the trustees were the
agents of the state Of South Carolina
in the opinion Of the Supreme Court,
and that in managing the affairs for
Clemson college they were acting as
the agent Of the state, and no dlscrm-
nation is made between the life men,
bers and those who are not life mem