The herald and news. [volume] (Newberry S.C.) 1903-1937, 1909-01-01

prove that had the president OF the
board of trustees called the meeting
on some other day, there would have
been no "conflict.'' Had the date
been week later, Senator Tillman
could have answered to his name in
the senate on the opening Of congress,
but to have then attended the meet
ing Of the Clemson trustees would
have required the neglect of his du-
ties in the senate for at least three
days. Is there no "conflict" there?
But the Question, as we promised, is
not of "conflct.' it is Of law. And
the fundamental law of South Car
olina commands that:
mo person shall hold two Offices
Of honor or profit at the same time. -
The constitution makes no refer
enee to "conflicting" Offices: and it
! makes only this exception to its
sweeping prohibition: "Provided,
That any person holding another office
may at the same time be an officer in
the militia or notary public" The
important office Of college trustee is
not excepted.
Under the second head Of his let
ter, Senator Tillman appears to as
sumo that the trusteeship Of Clemson
is outside the jurisdiction Of the
State constitution because his COM
mission as trustee is not "from the
Estate government" but is by author
ity of Mr. Clemson's s will. The SEN
ior Senator knows, or it is inexcus-
able ignorance on his part if he does
not know, that the matter Of the
source Of the commission to hold
office has absolutely nothing to do
with the case. The constitution for
bids the holding Of two offices Of hon.
or or profit at the same time, and
the supreme court has decreed that
the unsalaried intendent Of a town,
however inconsequential village that
"town" may be, can not hold anoth-
er office Of profit or honor, that of
intendent being deemed an office Of
"trust.' and so an honor. Intend
ents, as Senator Tillman should
know, do not get their commissions
"from the State government.
Senator Tillman is in astonishing
error when he holds that because he
was trustee of Clemson before the
State constitution of 1895 was adopt
ed "that constitution could not anu
did not attempt to alter my (his)
status at ALL IF it be conceded that
the constitution did not force the
holder Of two offices at the time OF
it's passage, to retire from, one or the
other Of them, it must also be con-
ceded that the term Of senator that
Mr.. Tillman was then serving eSpir-
ed on March +, 1891, and that the
constitutional inhibition ,luSt apply
to the second term.
The Kingstree County Record re-
minds the senior senator that he IS
also a trustee of Winthrop college,
receiving that office Of honor directly
from the State government and
therefore if his argument held in re-
gard to that feature Of his Clemson
commission. it would not hold as to
Winthrop. But it holds in neither
case. The ruling of the supreme court,
under the constitution, is that if q
clerk of court accept the office Of in
tendent he thereby vacates the office
Of clerk Of court. Now, it is Senator
Tillman's judgment that attendance
upon the Clemson trustee meeting
was Of "far more Importance" than
being in Washineton when congress
met. therefore the office of trustee Of
Clemson and of Winthrop must be o.
Importance. Of trust. and honor. The
supreme court will so hold. and if it
Shonld be to the interest Of any one
to invalidatp any action b. either Of
the hoard of trustees of Winthr0p or
Clemson in which Senator Tillman
PARTICIPATED it could be done. It is
orr opinion that Mr.. Tillman vacated
the trusteeship of Clemson, March 4.
1895. that he has violated the letter
md spirit of the constitution when
ever acting as trustee Of Winthrop
college. and is not entitled to one
cent of per diem or expenses that he
may have received from either Of