The herald and news. [volume] (Newberry S.C.) 1903-1937, 1908-07-24
HOLDS THREE POSITIONS.
Mr.. Alan Johnstone Beside Member
Legislature, Trustee Clemson,
Holds Federal Position.

Mr.. l.. II. Aull has requested the
Observer to print the following
statement in regard to his position
on the colleges and the several posi-
tons of profit and trust held by Mr..
Alan Johnstone, candidate for the
senate:
Newberry, July %, 1908.
Editor Observer--As my time was
limited yesterday my position may
not have been understood. l am not
opposed to Clemson college. Neither
am l opposed to the South Carolina
University or to Winthrop. think
they are all cxtravagant as to the
expenditure Of public funds.
would like to have you print the
following the substance of which I
used i'll reply to the sra,enlens Of Mr..
Johnstone that he secured the opin-
ion of Mr.. Youmans before ~ enter
ed the race for the legislature two
years ago, as I did not state when
this opinion of the supreme court was
delivered. The fact that Mr.. John
stone consulted Mr.. Youmans shows
he had doubt. He must have consult
ed Mr.. Youmans early in the sum-
mer of 1906. This opinion was hand
cd down in 1907 after Mr.. Youmans
death and after Mr.. Joimstone was
elected. I am sure, &c will not put
the opinion Of Mr. Youmans, though
a good lawyer, against the supreme
court which is the court Of last re-
sort in this State and whose opinion
is the law of the case.
The point I am making is that Mr.
Johnstone is holding his seat in the
house in violation of the constitu-
tion of this State, and that the pro-
vison of this constitution is a wise
one.
Further if he is no1 the agent of
the State and is not holding posi-
tion under the State why does he. as
president of the board of trustees
of Clemson college, make report to
the Legislature and in that report why
does he say in referring to his pre-
deccssor, Col. Simpson, also life
"The faithful and efficient
service rendered to the State of
South Carolina by this honest and
earnest public servant" etc.
Article III, Section "a of the con-
stitution Of 1895 says that "No per-
son shall be eligle to seat in the gen.
eral assembly, while he holds any Of
flee or position OF PROFIT OR
TRUST under this State, the United
States of America, or any Of them,
or under any other power, except Of
ficcrs in the militia and notarics
public; and if any member shall ex-
cept or exercise any of the said dis
qualifying Offices or POSITIONS he
shall vacatc his seat''
AS to the trusteeship Of Mr. :.ohn-
stone and craftsmanship of the board
Of trustees of Clemson college, I will
say that I have the highest respect
and consideration fcv the opinions of
the late lamcnted Gen. Leroy You
mans, but sometimes and oftcntimes
lawyers are mistaken in the views and
opinions which they takeAon any sub
ject and the only way in which to
settle the matter definitely and to
see who is right and what is law in
his State is to refer 70 the opinions
y + N rrh
opinion Of the supreme court Of tho
State Of South Carolina. What does
it say? In the case Of Hopkins V.
Clemson college trustees. II S. G. Re-
ports, p 12, which was handed down
by our supreme court in january.
1907, and which is declared by that
court to be the law in the State Of
South Carolina, it holds that the
trustees Of Clemson college are Off
ners end agents of the State and it
gives its reasons for so holding and
they are perfectly sol,ll. Among
othc, rsa' ons it gives for saying that
'htv are agents Of the State is that
under the original act. accepting the
clemson hepucst and creating Glenn.
son c"ll"se provides that the tlus-
tees Of the institution shall consist Of
the !ifn members and those elected
by the legislature and that they shall
hold tho personal property Of tie
Stat" cf South Ca "oIina ond make
reports to the general assem-
bly, cf their acts and 1oings They
we're further authorized to purchase