The herald and news. [volume] (Newberry S.C.) 1903-1937, 1909-01-01
Friday, January l, 1909.
IN DEFIANCE OF LAW.

that is not the question. It is a
question Of obeying the law. No man
should be above the law; no man
holding high office should permit him
self to be regarded as an example Of
daily defiance Of the law
The above is a~quotation from the
Columbia State of Monday on Sena-
tor Tillman and the law. It has re-
ference to Senator Tillman holding
the Office Of United States senator
and trustee of Clemson college in the
face Of the following provision Of the
constitution Of South Carolina: "No
person shall hold two Offices of honor
Or profit at the same time.' We
think the State is correct in this posi-
ton and the argument which it pres
ents, and which is published alse-
where, is unanswerable.
We have taken this position sever
al times and our reference to it at
this time is to call attention Of the
State to another provision of our
fundamental law and to ask its opin-
ion as to the right Of a member Of
the general assembly to hold the posi-
ton Of trustee of Clemson college.
The provision of: the constitution
to which we refer may be found in
article 3, section "a, under the head
Legislative Department and reads as
follows: 'sNo person shall be eligible
to a seat in the General Assembly
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 no.
taries public; and if any member
shall accept or exercise any Of the
said disqualifying Offices or positions
he shall vacate his seat.'
This provision applies, as we un-
.derstand it, in addition to the Sec
ton quoted by the State, to members
Of the general assembly. We under
stand that there are at least three
members Of the Clemson board of
trustees, two elected by the legisla-
ture and one life member, who have
recently been elected members Of the
general assembly. If, as the State
contends, Senator Tillman is violating
the law, are not these members Of the
general assembly also violating the
law and permitting themselves "to
be regarded as an example Of daily
defiance Of the law
It is eontended by some that life
trustees Of Clemson do not come I'M
der the inhibition Of the constitution
in that they are the representatives
of Mr.. Clemson's will and not agents
of the State. Senator Tillman is
life trustee under. the Clemson will.
When it was attempted, however.
sometime ago to bring suit against
the trustees Of Clemson college for al
legged damage to private property by
the building of dykes, the trustees en-
tered the plea that they were State
officers and, therefore, could not be
sued, notwithstanding the fact that
the life trustees constitute majority
of the board, and the chairman is a
life trustee. The case went up to
-our supreme court and the court holds
in the case Of Hopkins VS.. Clemson
that the trustees are agents Of the
State and that Clemson college is a
State institution.
The News and Courier has an edi-
torial on this subject which We also
produce, which takes the position
that Clemson college is a private in
stitution, and, therefore, Mr.. Tillman
and other of the trustees who hold
other positions do not come under
the inhibition Of >the: constitution as
to holding two offices. The opinion
Of the supreme CONT above referred
to is sufficient answer to the posi-
ton. .....:,
It is not our purpose to argue the
question at this time but we would
be pleased if the State would give
Us It's opinion in connection with its
editorial on Senator Tillman on the
right Of members Of the general as
semblv to hold these dual positions.
GEN. ROBERT R. HEMPHILL.
In the death of General Robert Il.