The herald and news. [volume] (Newberry S.C.) 1903-1937, 1909-02-12
POSITIONS oFPRoFIT OR TRUST
Correspondent Makes Point That
Members of General Assembly
Violate Constitution.
The News and Courier.

rier: | read with some interest all
editorial in the Columbia State Of De-
eember % on "Senator Tillman and
the Law" and also an editorial Of
December %, in the News and Colr-
ier, on "Senator Tillman and the
Private College, -
The States editorialwas directed to
the statement from Senator Tillman
in reply to an editorial squib in the
Kingstree Record on conflicting jobs.
The State quoted the following pro-
vision Of opr State constitution, found
in Article 2, Section 2: ':No person
shall hold two Offices Of honor or pro-
fit ait the same tirne,'' and argued
that Senator Tilhnan was holding
college trusteeships and also, the Of
flee of Senator in violation Of this
provision of our State constitution.
The editorial closed with: cit is a
question of obeying the law. No man
should be above the law; no man hold
ing high office should permit himself
to be regarded as an example Of daily
definance of the law
The News and Courier took the
position in commenting on this same
matter that Clemson college is not a
State institution, though nearly all
the revenues for its support are de-
rived through an indirect tax, the
burden of which falls on the farmers.
It is not my purpose to discuss SEN
ator Tillman and his dull positions,
nor the position taken by the News
and Courier as to Clemson college.
In regard to that our State supreme
court, in the case Of Hopkins VS.. Clem-
son, holds that Clemson college is a
State Institution, and that the trus-
tees are agents of the State.
The provision of the constitution
to which the State refers seems to
NE to be plain, and the only question,
if it can be a question, is whether a
trusteeship is an office of ;holor or
profit.
I have wondered, however, why tic
State and the News and Courier
should single out Senator Tillman for
criticism and this particular section
Of the constitution if ''it is a question
of obeying the law,'' when, in addi-
ton to this section of the eonstite1-
tion there is another that relates to
dual positions and is more emphatic
and more clear, if it be possible, than
this, though it is not applicable to
Senator Tillman, but does refer in
plain and unmistakable terms to
members Of the general assembly.
If "it is "a question of obeying the
law" and trasteeship is ''position
Of profit OF trust,'' tell me how a
member of the general assembly of
South Carolina can hold his seat while
he ''eNercises' the duties Of the
"offiee" pr ''position' of trustee Of
Clemson college or any other college.
withort being "regarded as an exam
pie of daily definance Of the law"
Article 3 of the State constitution,
Section "a, reads: 'ENo person shall
be eligible to a sect in the general as
sembly while he holds any Office or
position Of profit or trust under this
State, the United States of America,
or any of them, or under any other
power, except officers in the militia
and notaries public" Mott only does
it say emo person shall be eligible to
a seat but it goes ON and adds.
land If any meuber shall accept or
exercise ANY of the said disqualifying
offices or positions he shall vacate his
seat
The next section Of the constitu-
tion makes it tthe duty of the speaker
Of the house of representatives or the
president Of the senate, as the case
may he, to order an election TO fill
such vacancies, and says:
Section 25, Article 8. ''If any elec-
tion district shall neglect to choose a
member or members on the day Of elec-
tion, or if any person chosen men,
Der of either: house shall refuse ITO
qualify and take his seat, or shall re-
sign, die, depart the State, accept any
disqualifying Office or position, or be-
come otherwise disqualified to hold
his seat, a writ Of election shall be is
sued by the president Of the senate or
speaker of the house Of representa-
tives, as the case may be, for the pur-
pose of filling the vacancy thereby oc-
cassoned for the remainder Of the
term for which the person so refusing
J,-;,os