The Bamberg herald. [volume] (Bamberg, S.C.) 1891-1972, 1911-06-08
CLEMSON IS LIABLE.
Supreme Court Declares it May be
Made Defendant.

washington, May Z9.-Ine Unlteu
States supreme court, in an opinion
rendered to-day by Justice Lamar.
reversed and remanded to the lower
courts of South Carolina the case of
DR.. John Hopkins of Oconee county
against Clemson college. DR.. Hop
kins is the owner of very valuable
lands along the Seneca river, in Oco-
nee county. In his complaint he
alleged that because of dykes con-
structed by Clemson college the river
had been made to overflow his land,
trees and banks had been washed
away, and that otherwise he had been
damaged to the extent of $4,000.
Action was begun in the case on
September 1, 1905, in the court of
common pleas for Oconee. For de-
tense Clemson college set up the plea
that as it's trustees were merely the
agents of the State of South Carolina,
hence the college could not be sued
without the States consent. This
plea was upheld by the court of COM
mon pleas, and then the case went
to the supreme court of the United
States, where the constitutional ques-
ton of whether the trustees of Glenn
son college iwere or were not the
agents of the State was the issue.
Reviews the Case.
Justice Lamar went thoroughly In
to the case. He reviewed the condi-
tions of the will Of the late Thomas
G.. Clemson, the founder of the col
lege which now bears his name. and
most especially the question OF
whether or not the trustees are
agents of the State. TIE practical
effect of the decision may be sum-
med up in the following language OF
Justice Lamar:
"Plaintiff prayed not only for dam
ages, but that the embankments
should be removed. The title to the
land and everything annexed to the
land is in the State, subject to the
conditions named in the will. The
State, therefore, may be necessary
party to any proceedings which seek
to affect the land itself or to move
any structure thereon which has be-
come a part of the land.
eff so, and unless it consents to be
sued, the court can not decree re-
moval of the embankment which
forms part of the States property.
But the prayer for that part OF the
relief can be stricken out without
depriving the court of jurisdiction to
hear and determine the question
whether Clemson college is liable to
plaintiff for it's own prosperity and
corporate act in building for It's own
proprietary and corporate purposes
a dyke, which it is alleged damaged
or took the plaintiffs farm, and If
the facts hereafter warrant 1t the
college may be enjoined against fur
ther acts"
The Alleged Damages.
Telegrams received in Columbia
Yesterday made known the fact that
the supreme court of the United
States had decided that Clemson COL
lege was liable for about $4,000 TOR
damages alleged to have been done
on the lands of John Hopkins OF Oco-
nee county. The Clemson college
property is situated in Pickens and
Oconee counties, one of the county
lines running just opposite the pa
rade grounds.
Several years ago permission was
obtained from the legislature for the
right to bring suit gainst the college
by DR.. Hopkins of Oconee county, be-
cause of damage done to his land by
dykes constructed by the college. A
legislative commission was appointed
to investigate this case, and In the
meantime the suit went through the
usual course and the supreme court
decided that the institution, being un-
der State control, could not be sued
except by consent of the Legislature:
Trustees Not States Agents.
Seven of the trustees of the college
are life members, being named in the
Clemson bequests.. Vacancies are
filled by these trustees. These seven
members constitute majority of the
board. The decision Of the United
States supreme court means that
the majority members do not repre-
sent the State of South Carolina, and
that the college is liable for a suit
at any time, just as any corporation
or individual, without the necessity
of obtained permission from the
State of South Carolina.
The decision is far-reaching in ef-
feet. 1t may have some bearing on