The herald and news. [volume] (Newberry S.C.) 1903-1937, 1907-09-03
REVIEWING THE LAW.
There Shall be no Discrimination
Even if it Does Affect
Others.
Columbia cor. News and Courier.

It has been very evident that the
friends of Clemson College through
out the state were very much ,c::'ati!icti
by the action Of the board of trustees
in electing Hon. Alan Johnstone as
chairman of the board to succeed Col.
R. W. Simpson, upon the latter's re-
signation Of the craftsmanship last
week. Mr.. Johnstone was for several
years an elected member Of the board
and was later, few years ago, cbos-
en- by the life members Of the board
to fill a vacancy as life member. He
is man Of the highest character and
fine business ability and it is rec
oenized that no better selection as
president Of the board could have
been made. Mr.. Johnstone is now
a member Of the house of represen-
tatives from Newherry county and
his influence in that body is felt. He
was called on to expound Newberry
colleges side of certain questions
last session and did so in all admir-
able speech.
It is now evident, however, that the
point is going to be raised whether or
not Mr.. Johnstone can hold the posi-
ton Of chairman Of the board and
member Of the house, but it is not
likely that anything can be made Of
this point, since his election as chair
man does not change his status as a
trustee under the Clemson will, and
as such trustee he is not holding a
state Office. The Constitution says
that "no person shall hold two off,
ces of honor or profit at the same
time" but the position Of a life
trustee can hardly be considered ..
Office Of the State Of South Carolina,
since the appointment does not come
from the state at all.
If, however, the point should be
sustained it might affect others than
Mr.. Johnstone. Senator Tillman, for
instance, is also a life trustee Of
Clemson under the Clemson will and
ne is also not only holding the office
of United States Senator, but is a
trustee of Winthrop College, elected
by the General Assembly. 1t has
been frequently held that the posi-
ton Of election trustee Of a public
school or of state college is an "of-
fce' in the meaning Of the law.
In speaking Of the duties Of the
Governor the Constitution, Article
", Section II, says: ''He shall COM
mission all officers Of the state - and
vet the records in the office Of the
Secretary Of State show that the only
two trustees of Winthrop who have
ever received commissions are DR.. E..
S. Joynes and Mr.. D. W. McLaurin.
Section $40, of the Civil Code, pro-
vides: "No executive, judicial or 9TH
er officer, elected or appointed to. any
office in the state, shall be entitled to
receive any pay or emo1uments of Of
fee unit. he shall have been duly COM
missioned and qualified and shall have
given bond, when so required to DO
by law The trustees Of state collie
ges, of course, receive only mileage
and per diem and their service Is CIV
ell the state perhaps at loss to them
selves financially; still they receive
pay for their services and come under
the provisions Of this section. So
far as is known all the present mem
bers Of the board Of trustees OF
Clemson, who are elected by the Leg
islature, have taken out commissions.
as have those Of the State University
and 'the negro college.
! As the Senator from Newberry has
announced his intention to run. for
governor next year, the name Of Mr..
Alan Johnstone has been suggested
for that place, and he would make an
admirable Senator. 1t will be unfor-
tunate if he is unable to remain IN
the house for the remainder Of the
term and if he is unable to stand for
the senate, and it is not believed that
the objection to his doing so is sound.
However, if the fine points Of the
law are to be insisted upon there is
NO more reason to single out Mr..
Johnstone than other more promln-
ent members Of the boards Of trus-
} tees.
REFERS TO OTHER DECISIONS.