The herald and news. [volume] (Newberry S.C.) 1903-1937, 1911-02-14

ed trustee Of Clemson agricultural
college and also railroad commission
er Of this State is holding one or the
other of said Offices contrary to the
constitution of the State.
THAT B. r. Tillman, trustee of Win
throp college and also United States
senator from South Carolina, is hold
ing one or the other Of said Offices
contrary to the constitution Of the
State.
"That Robt. Mcfarland, who is trus-
tee of the South Carolina university,
is also probate judge of Darlington
county, is holding one of the other of
said Offices contrary to the cnostitu-
ton of the State
Life Trustees.
"Ycur committee has given much
thought to the question of whether or
not the life trustees of Clemson COL
lege are in the same category as trus-
tees elected by the general assembly.
Are they officers? Some of your COM
mittee have grave doubts upon this
point. It is a question that ought to
be definitely and finally settled. It
can only be determined by a tribunal
whose province it is under the law to
determine legal questions. Your COM
mittee therefore recommends the
adoption of the accompanying concur
rent resolution directing the attorney
general of the State to institute quo
warranto proceedings, or such pro-
ceedings as in his judgment are prop
er, before a proper tribunal for the
purpose of determining whether OF
not life trusteeship Of Clemson ag-
ricukural college is an Office Of hon
or or profit, or whether it is an Office
or position Of profit or trust under
this State, the United States of Amer
lea or any'of them or under any other
power. Until this question shall have
been finally determined in the manner
suggested it will be a. constantly re-
curing source of annoyance to the
people of the State and to those who
are holding such trusteeships, and an
Office at the same time, besides under
the honest belief that they are not
violating the law.
"Your committee, composed of lay
men and lawyers, does not undertake
to decide this purely legal question,
but for the purposes above indicated
| it reports that Alan Johnstone is a
life trustee of Clemson agricultural
college and also State senator from
NewberTy county, and that B. R. Till
man is life trustee of Clemson agri-
cultural college and also United States
senator from South Carolina"
The Resolution.
The following is the concurrent re-
solution the commission attached to
it's report:
THAT the attorney general of the
State is hereby authorized and d.
rected to institute in the name OF the
State quo warranto proceedings, or
such other proceedings as in his judg-
ment may be proper, before a proper
tribunal, for the purpose OF determln-
ing whether OF not a life trusteeship
of Clemson agricultural college under
the will of the late Thomas G. Glenn
son is an Office of honor or profit, or
whether it is an Office or position OF
profit or trust within the meaning OF
the State constitution under this State
or the United States of America, or
any other power, and if so, whether a
person holding; such life trusteeshlp
is inhibited under the constitution OF
this State from holding at the same
time any other Office of honor or profit
and especially whether a person can
be a member of the general assembly
of South Carolina while holding life
trusteeship ON the Clemson agricultur-
al college,