The herald and news. [volume] (Newberry S.C.) 1903-1937, 1911-02-17
TILLMAN DENIES He
IS VIOLATING LAW
MAINTAINS THAT TRUSTEESHIP
IS NOT AN "OFFICE."
Claims That Intention of Trainers is
Not to be Interpreted as Includ-
ing Trustees.


where it occurs in the constitution
Of South Carolina does not embrace
that of rustee of a college, and that
therefore 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 Clem-
son colleges. Senator Tillman today
explained his views of the situation
for the State.
Senator Tillman says he assisted in
framing the section of the constitu-
ton regarding the right to hold two
Offices at once and that the meaning
of the term 'ofice" was discussed
at the time with the result that it
was held to be not incompatible to
hold office and be a college trustee at
the same time. He insists that it
would have been absurd for him to
frame any part Of the constitution
which would legislate him out of the
trusteeship Of a college he loved so
well and had done so much for. -
~ "Inasmuch as Gov. Blease in a spe-
cia1 message regarding the holding of
two Offices has made specific tnen-
tion of me as one Of the law-break-
ers," said Senator Tillman, II feel
willing to make public my position.
Otherwise I would have nothing to
say until the court passed upon it, as
suggested by the joint committee Of
the legislature.
'fThe whole question hinges on the
Interpretation that shall be placed
upon the word office The language
in article 2, section 2, of the consti-
tuition is plain and simple enough:
But no person shall hold two Offices
Of honor or profit at the same time.
There is a special exception in the
case of notaries public and Of militia,
officers.
"Article 3, section "a, of the consti-
tuition is more explicit:
emo 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 Of
icers in the militia or notaries pub
ic.'
81 was member of the constitu-
tional convention and was chairman
Of the committee which framed the
second article, that dealing with sug-
frage. I remember very we'll that the
question of what constituted az Office
was discussed in the convention as
I was then both a trustee of Win
throp and of Clemson. While there
was no vote, the consensus of opin-
ion and the adoption Of the article as
we had reported it seemed to me to
warrant the belief, which I then held
and still hold, that the meaning of
the word office did not embrace that
of trustee of college.
FFThis view is sustained by the
knowledge that the chairmen of the
committees on education in both
the house and senate are ex oflcio
trustees of Winthrop and the Uni
versity of South Carolina, while the
chairman of the committee on mill
itary is an ex ofcio trustee Of the
Citadel.
''The idea to my mind is absurd
that as a member of the constitutional
convention + would legislate myself
out of position as trustee for a col
lege which I had done so much for
and which I loved so we'll. I do not
know what the opinion of the su-
preme court will be, and if it is de-
cided that I am not legally entitled to
sit on the board of trustees for Win
throp, I shall cheerfully get off it.
have given much of my time and
study toward advancing the interests,
of that college and would hate to sev~
er my connection with it.
'The legislature elected me such
trustee with the full knowledge thai 4
I am a United States senator. IF there
We're no lawyers in that body compet-
ent to discover that 7 was not eligi-
bic, it is a sad commentary On our
lawmakers. The legislature has SEEM
ed all along to take the view which I
hold to be the correct one, for it has
uniformly elected from its member
ship trustees both to Clemson and
Winthrop.
Gas 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 State
Office, but a national one and was