The herald and news. [volume] (Newberry S.C.) 1903-1937, 1912-01-19

the act supra constitute acts in tie
direction practically carrying out the
terms and conditions of said will, and
within the time limited therein.
W. D. Simpson,
"Chief Justice Of South Carolina.'
The above will be found recorded in
the Office of the secretary Of state,
Book 6, M, page 549.
BY the above act of the legislature
declaring the States purpose Of &C
cepting the donation and carrying out
the provisions of the will it obtained
possession Of the property of the tes-
tator and made it impossible for the
| trustees to establish and maintain a
college under the provisions of Items
of will.
'Valid and Binding"
In my opinion the acceptance by the
State of the real estate and other
property under the terms and condi-
tions of the said will constitutes a
contract in all respects valid and bind
ing upon the State, which the State
is in honor bound to perform, and
which is inviolable under the provi-
sions of the constitution of this State
and of the United States.
In the language of the Dartmouth
college case, 4 Wheaton, ga, ut is a
contract on the faith of which real
and personal estate has been convey
ed it is then a contract
within the letter Of the constitution
md within its spirit also :"
The parties to this contract are the
State Of South Carolina on the one
hand, whose interests are now repre-
sented by her six trustees elected
by the legislature under the provis-
ions of the act establishing the said
college, and On the other hand the exc
cutor and the seven life trustees pre-
vided for in the will of the late Thom-
as G. Clemson; that the seven trus-
tees hold their positions and derive
their authority solely under the terms
Of the will Of the late Thomas G.
Clemson, and are charged with main
tanning and perpetuating the said in
stitution according to his plans and
purposes, and especially to safeguard
and efectuate the purposes declared
in said will, while the six trustees al
lowed by said will to the State of
South Carolina hold their positions by
permission of said will and under
authority of the act of the legislature
hereinbefore referred to especially
representing the State of South Caro-
lima as distinguished from the inter-
ests represented by the seven trustees
appointed under said will Cooley,
Con Line, 9TH Edwition, Par 1856; 109
U. S., 5; 16 Wall, 203.
It is my opinion that the self-perpe-
tuating trustees, seven in number, ap-
pointed under the will of Thomas G.
Clemson, are not creatures or officers
Of the State, and hold their positions
separately and independently of any
authority derived from the State; that
the State has agreed to the existence
Of the said seven trustees, as provided
for in said will, and can in no manner
confer their duties, or authority upon
any other persons or persons whom
soever, nor can it in any wise abridge
the duties laid upon said seven trus-
tees as provided for in said will. And
further, that the State has no au-
thority to increase the whole number
of the board of trustees to more than
13, nor to choose more than six of that
number to especially represent the in
terests of the State. The State can not
therefore acquire the right to elect all
the trustees.
Respectfully submitted,
J. Fraser Lyon,
Attorney General.