Yorkville enquirer. [volume] (Yorkville, S.C.) 1855-2006, 1911-02-17
41iseellaneoas Readins.
AS TILLMAN SEE IT.
Position of Trustee Not "office" Under
the Constitution.

Position of Trustee Not "offiee" Under
the Constitution.
Washington. February 14.-Holding
that the meaning of the word office"
where it occurs in the constitution of
South Carolina does not embrace that
of trustee of college, and that there
fore he is within both the letter and
the spirit of the law in holding the
office of senator while at the same time
trustee of winthrop and Clemson COL
leges, Senator Tillman today explain
ed his views of the situation for the
State.
Senator Tillman says he assisted in
framing the section Of the constitu-
tion regarding the right to hold two
offices at once and that the meaning
of the term office" was discussed at
the time with the result that 1t was
held to be not incompatible to hold Of
flee and be a college trustee at the
same time He insists that 1t would
have been absurd for him to frame
any part of the constitution which
would legislate him out of the trustee
ship of a college he loved so well and
had done so much for.
"Inasmuch as Gov. Blease in a spe-
cial message regarding the holding Of
two offices has made specific men,
ton of me as one of the law-break-
ers," said Senator Tillman, Il feel
willing to make public my position.
otherwise 1 would have nothing to
say until the court passed upon it, as
suggested by the joint committee Of
the legislature.
1.-The whole question hinges on the
Interpretation that shall be placed
upon the word office The language
in article 2, section 2. of the constitu-
ton is plain and simple enough: But
no person shall hold two offices Of hon.
or or profit at the same time There is
a special exception in the case Of nota-
ries public and of militia officers.
Article 8, section "a, of the consti-
tuition is more explicit:
"'No 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 or notaries public.
II was a member of the constitution
al convention and was chairman Of the
committee which framed the second
article, that dealing with suffrage. I
remember very well that the question
Of what constituted an office was dis
cussed in the convention as was then
Clemson. While there was no vote,
the consensus Of opinion and the adop-
tion Of the article as we had reported
1t seemed to me to warrant the belief,
which 1 then held and still hold, that
the meaning of the word office did not
embrace that Of trustee Of a college.
This view Is sustained by the
knowledge that the chairmen of the
committees on education in both the
house and senate are ex-officio trustees
of Winthrop and the University Of
South Carolina, while the chairman Of
the committee on military is an ex-
officio trustee of the Citadel.
1.-The idea to my mind is absurd
that as a member of the constitutional
convention 1 would legislate myself
out of a position as trustee for COL
lege which had done so much for and
which loved so well. 1 do not know
what the opinion of the supreme court
will be, and if it is decided that l am
not legally entitled to sit on the board
of trustees for Winthrop, shall cheer
fully get off it. 1 have given much of
my time and study toward advancing
the interests of that college and would
hate to sever my connection with it.
THE legislature elected me such
trustee with the full knowledge that 1
am a United States senator. If there
were no lawyers in that body compe-
tent to discover that was not eligible,
it is a sad commentary on our law
makers. The legislature has seemed
all along to take the view which hold
to be the correct one for it has uni
formly elected from it's membership
trustees both Of Clemson and Win
throp.
LAS for my position as senator dis
qualifying me from acting as trustee
for Winthrop, it must be remembered
that the office Of senator is not a state
office, but a national one and was
created by the constitution of the
United States. 1t Is filled by the state
and that is ALL
IL was a life trustee of Clemson
when 1 was elected senator and had
accepted the place under Mr. Glenn
sons will even before l was elected
governor. l would not consciously act
contrary to the law of my own state,
and I do not think have done so. The
two positions l hold are not offices un-
der the state constitution as 1 under
stand the meaning of the word."-Co-
lumbia State.