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

Hill plantation in fee; holds the legal
title in trust and is using said place
according to the trust" He further
says: "The state owns the property
of the college and pays current ex-
penses from the income Of the dona-
ton Of Mr.. Clemson, now held and
owned by the state and appropriations
from and by the legislture. "Is the
board Of trustees Of the Clemson Ag-
rucultural College Of South Carolina,
an agent Of the state and acting as
agent Of the state9 I 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, as its
agents"
Chief Justice Pope as stated, says
that the supreme court is satisfied
with the decision and adds the fol-
lowing observation: "The conditions
named in 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. - "The fee in
this land is unquestionably in the
state Of South Carolina.
Now, what is a fee? 16 Cyc, page
602, defines a fee simple as follows:
ga fee simple is so called because it
is clear Of any condition or restric-
tion as to particular heirs. It is the
largest estate and most extensive in
terest that can be conveyed in land,
being an absolute estate in perpetuity
and comforting an unlimited power
of ahenation.''
If the supreme court is correct that
the state has fee simple title to this
property and fee simple title confers
an unlimited power Of alination, the
News and Courier must be wrong
when it asserts as fact that Clemson
College is not state Institution.
And, if the state owns Clemson Col
leee, the trustees must be acting un-
der the state and holding their posi-
tions under the state, or they do not
have any authority for their action,
because nobody else owns the proper
ty except the state Of South Carolina.
/ Tie News and Courier may be cor
rect, but as a legal question the opin-
ion of the supreme court in this state
is the law and not the assertions Of
the News and Courier or any othe,
) newspaper. The section of the con-
stitution which we quoted refers spe,
cifcallv to members Of the general as
sembly and requires that they shall
vaeate their seats in the general as
sembly if they accept any other posi-
i ton or office under the state, except
an office in the militia or the Office
Of notary public.
We have inst given in this discus
sion the law as we find it, and when
We fist quoted the section of the con-
stiturion in question. we had no idea
that this discussion would assume the
proportions which it has. If the state
of South Carolina owns Clemson
College in fee simple and fee simple
means an absolute estate in perpetu-
ity and unlimited power Of alienation,
then if all the trustees of Clemson
Collere. including the chairman OF
the board do not hold positions under
the state Of South Carolina, we would
like for those who take the contrary
position to explain by what right aud
under what authority they hold their
positions.
AS to the state senator from this
county, he does not now mold the pos
ition of city attorney, neither does he
hold the position as member Of the
canvassine board Of the state. and the
position of executive committeeman
is purely a party position and not a
position under the state, but as a mat
ter of fact this is entirely foreign to
the question under consideration.
In the notice or extract which ap-
Jono1J o~I an