The Manning times. [volume] (Manning, Clarendon County, S.C.) 1884-current, 1909-01-13
'uBLISHED EVERY WEDNESDAY
SUBSCRIPTION RATES:
THE CLEMSON TRUSTEESHlP.

THE CLEMSON TRUsTEESHlP.
Here is the view OF The MANNING
TINES regarding Senator Tll!man' 5
Clemson college trusteeshlp:
The Kingstree Record is after Sena-
tor Tillman for violating the State con-
stitution by holding more than one office,
but Notwithstanding the argument the
Columbia State makes on the question
in it's issue Monday. we do not oe;leVe
Tillman's crusteeship OF Clemson college
is in violation OF the law. Mr.. Clemson,
before the constitution OF 1898, named
Tillman as life trustee, his acceptance
of the trust completed the transaction,
and no law the State can make Will
break the trust reposed by the will.
Tillman is lawful trustee of Clemson,
but in our opinion he is violating the
law as trustee Of Winthrop.
The inevitable logic OF that position
as to Clemson college is that the funda-
mental law of South Carolina is suoor-
dinate to the personal wishes OF Mr..
Clemson at the time Of his beQuest: 1t IS,
in practical effect, admission that be-
cause Mr.. Clemson spoke first, his voice
must prevail against the letter ana Splr-
it of the law of the land.
Let US further Illustrate. by an analo-
gous case, where the reasoning OF Mr..
Tillman and THE TINES will carry
them. Suppose that before the consul
tuition OF 1885, was adopted, it had been
proposed to organize at Pendleton a
bank with half million dollars capital,
au6 that Mr.. Clemson had agreed to
subscribe fifty thousand dollars to the
capital stock on condition that Mr.. Till
man be chosen president for life; sup
pose the condition was accepted. Mr..
: Tillman elected and, previous to the
adoption of the constitution OF 1898, had
accepted the trust? Has the constltn-
ton, which declares that no one shall
hold two Offices of honor or profit sim
ultaneouslv, no power to make Mr.. Till
man decide between his trust bank-pres-
idency or his senatorship?
It is preposterouS to conceive OF such
impotency upon :he part OF the State.
II is not assumed that the common
wealth can enact law compelling any
citizen to abandon an Office OF trust be-
slowed by some power other than the
commonwealth, bus to such an othce-
holder the State can and does say: You
hold an Office not given you by the
State: here is one given you by the
State; YOU are forbidden by the consti-
tuition to hold but one Office at a time.
So choose between them? II you accept
this one, the other is, by that act, va
Gated"
But, as we have before suggested, it
is the Supreme Courts decree upon this
question which is OF real importance
The State.
The States logic and illustra-
tions are no doubt well put, and
of course nothing but decree Of
the Supreme Court will settle the
issue, nevertheless from a lay
mans view as we see it, the nam
ing of Tiliman as a life trustee IN
Clemson's will, was not an ap-
pointment to an Office, nor is
Tillman as life trustee an officer
of Clemson college, and hence he
is not violating that portion, so
far as Clemson and the Senate
concerned, of the constitution
which forbids holding more than
one Office.
Mr.. Clemson in his life time
had no power to create a public
Office and no power to commission
a man to hold a public Office. He
was the owner of property which
he bequathed to South Carolina
undercertain conditions, Captain
Tillman was named in this will
to see that the conditions con-
tained in the will were carried
out, this did not make him an Of
fcer of the State, nor does he
hold a. commission from the State
as such trustee. The will alone
is his authority for acting. It
surely will not be contended by
The State. that the bequest made
by Mr.. Clemson before the con
stitution of 1895 can be upset
without decreeing the will in
valid. Then if the will is good,
the bequests made therein must
stand, and if Mr.. Tillman is not
holding a commission from the
State he is not an Office holder,
and his authority under the will
comes in the nature Of a private
confidence that the State has no
right to question, either by its
subsequently adopted constitu-
ton Or by any statute it might
make.
The bank illustration is not al
together analogous. It would in
deed be preposterous if the laws
Of South Carolina prevented a
president or a director if a state
bank from holding a public Office.
There is no power to make man
decide between a bank-presidency
and a senatorship. Why? Be
cause banks and other corpora
tions, while they are limited by
statute, they are not public Off
GERS, if they are, why is it that
the Governor is not required to
issue a commission to every cor
poration official, whether it be a
bank, railroad. newspaper or 9th
er chartered institution: In our
option the question to be ans
wered, is, does Tillman as a life
trustee of Clemson college hold
a public Office?
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