The herald and news. [volume] (Newberry S.C.) 1903-1937, 1907-09-10
IS CLEMSON A STATE INSTITU.
TT0N2

position he happens to hold, without
the discussion being construed as hav-
ing personal atmosphere about it.
In the matter of the Clemson College
discussion, Mr.. Alan Johnstonc was
simply incidental to ii, 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 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 o. the board.
And, rs we have already said, it is
compliment to Newbcrry county that
one of its citizens should be placed
in this honorable and responsible pos
ition.
LII our first article We simply stat
cd what we conceived TO be the law,
and If we understand the recent dccis-
ION OF the supreme court which we had
not seen at that time. this position is
confirmed by the opinion Of the su-
prcmc court Of this slatr 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
'tN Of the supreme court Of this state,
to take issue with the News and Cour
icr when it says:
q 'Thc discussion, however, brings
p"lntrdly L" th. attention OF the pro-
pie OF South Carolina the fact that
Clemson College is moi a state nsti-
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 scv-
ell gentlemen who hold Office as rep
reScntativcs Of Il private dcccdcnt 5
estate. South Carolina contributes
largely to support Il college which is
essentially no more Il state institu-
tion than is Wofford or Erskine.'
In the ease of Hopkins vs. Clemson
Agricultural College to which we have
already referred, it WAS undertaken to
obtain damages from tn. erection of
Il dixie by the college and the college
~ IL, 4
the suit could not be maintained, be
cause IT Wa> Il suit against the state
of South Carolina. and that the de-
PENDANT. namcly. Clemson \yricul-
lural College. had no title or interest
in said land.
Thr opinion in the circuit waS de-
livcrcd by Judge Aldrich. Chief JUS
tlc' Pope, in wriIin" the opinion for
the supreme court, says: 1--WE arc
perfectly satisfied with the circuit
decree and will only add few OBJ
SrrvatinnS thcrcon.''
Mr.. Clemson decided the Fort Hill
plantation I" the state of South Car
"lna IN fee simple ON certain condi-
tlonS.
BY act of the legislature, the be-
quest was accepted and the cond-
ti"nS complied with.
Judge Alurirh SAYS: 'pursnau, 10
the power in discharge Of the ln,S.
vested in him by the will "f Mr.. Glenn
son. ON March 9th. 1880. the executor
thereof conveyed, in fee simple. the
Fort tlill place, and all the residue
and remainder Of the estate Of testa-
tor CATER paying lr"acirS). unto the
state OF South Carolina.'
On january lth. 1891, the l,siSla-
1urr authorized the board Of trustees
t" purchase the I.ec lands Of 22S acres
Tor $4,000 and pay for the same. Th ,
deed was made on the 25th Of May.
1894. On the 24th Of December. 1890.
the general assembly abolished the de-
partmcnt of agriculture and office Of
commissioner of agriculture, and de-
volvcd the duties and power Of the
board of trustees on Clemson Agricul-
tnral college, on all the trustees. in
clnding the life, as well as the clcc-
tive members
In 1894, the legislature passed nm
act Incorporating Clemson College
giving The board Of trustees and their
successors in office perpetual control
and direction Of the affairs Of the