The herald and news. [volume] (Newberry S.C.) 1903-1937, 1907-09-10

South Carolina now owns the Fort
Hill plantation in fee; holds the legal
title in trust and is using said place
according to the trust.' He further
says: "Thc state owns the property
of the college and pays current ex-
penscs from the income of the dona-
ton of Mr.. Clemson, now held and
owned by the state and appropriations
from and by the legislture. " els the
board of trustees Of the Clemson Ag-
rucultural College Of South Carolina,
an agent Of the state and acting as
agent of the state? think it is, for
the state holds the fee in the 814 acres
contained in the Fort Hill place, and
has founded and is maintaining the
Clemson Agricultural College by and
through the board Of trustees, az its
agents."
Chief Justice Pope as stated, says
that the supreme court is satisfied
with the decision and adds the fol-
lowing observation: "Th1 conditions
named III said will and testament of
Thos. G. Clemson have been fully
complied with and the deed Of con-
veyance has actually been made, to
wit: In 1890, to the state of South
Carolina, and said tract of land is
still in full possession Of the same as
the sole owner thereof - ''Thc fee in
this land is unqucstionably in the
state of South Carolina.'
Now. what is fee7 Is Cyc, page
COZ, defines fee simple as follows:
"A fee simple is so called because it
is clear OF any condition or rcstric-
tI"n rs to particular heirs. It is the
largest estate and most extensive in
t'rcSt that can he conveyed in land,
hr'n" an absolute estate in rcrpctniiv
and comforting an unlimited power
Of alienation.
II the supreme court IL correct that
the state has Il fee simple titlc to This
property and Il fee simple title conrcrS
an unlimited power Of alination, the
News and Courier must be wrong
when il asserts rs Il fact that Clemson
College IS NOT Il state institution
And. If The state owns Clemson Col
r"r. the trustees must he acting nm
der the state and holding their posi-
tl"nS under the state. or they Ito not
have any authority for their action
because nobody else owns the proper
tv except the state Of South Carolina.
The News and Courier may be cor
rect. bnt as legal question the opin-
ION OF the supreme court in this state
is the law and not the assertions OF
the News and Couricr or any oihc,
newspaper. The section Of the con
Stltution which we quoted refers Spe
cifcallv 10 members Of the general as.
scmhlv and requires that they shall
vacatc their seats in the general as.
scmblv IT they accept any other posi-,
tion or Office under the state. except
an office in the militia or the oilict
of notary public.
W. have lust "ivrn in This discus
! sion The law as we find ii. and whcr
We li,:f quoted i've S"r!iun Of the con.
! Ntitu'inn in question. we had no idea
that this discussion would assume the
! proportions which il has. If the state
of South Carolina owns Clemson
College in fee simple and fee simple
mean; an absolute estate in pcrpctu-
ltr mH unlimited power nf alrnatiun
then II all the trustees Of Clemson
F"llr"r. iNcludin" The chairman OF
the board do not hold positions under
the state of South Carolina. we wonld
like for those who take The contrary
position 10 explain by what rinhi and
under what authority they hold THEN
positions.
! As to the state senator from thi,
! county. h. does moi now mold the DOS
itim of city attorney, Mother does he
hold the position rs member Of the
| canvassiny: hoard of the Stntr and the
position Of executive committeeman
/ Is purely Il party position and not 4
, position under the state. hut as Il mat
ter of fact this Is entirely foreign tc
the question under consideration.