The Anderson daily intelligencer. [volume] (Anderson, S.C.) 1914-1915, 1914-12-05
j. |. SHERARD RESIGNS
3. AS SCHOOL TRUSTEE
SUCCESSOR WILJ. BE CHCSEN
AT MEETENG OF BOARD
ON JANUARY 2
x M A S HOLIDAYS
Will Begin Wednesday, Decembe-
2s.--Resume Work one
January 4th.
X M A S HOLIDAYS

acceptance or the resignation of
oenator-elect j. L. Sherard as a men,
per or the be I'd of trustees of the city
schoois OF Anderson was the principal
matter transacted yesterday afternoon
at the regular monthly meeting of the
BOARD heId in the office of Superin-
tendent e. G. McCants. A Successor
lo mr. Sherard will be chosen at 4.
meeting OF the trustees to be held
January 2, 1915, at 4 O'Clock .. m.
Christmas Holidays.
Other than transaction of rout,ne
business little of general interest
transpired at the meeting of the board
or trustees. 1t was decided to close
the schools for the Christmas holt
days on Wednesday afternoon. De-
cember %. and resume work on the
nrst Monday in January, which VIII,
be the 4th
Mr.. Sherard's Resignation.
In letter to Chairman j.. A. Brock
OF the board OF trustees, Mr.. Sherard
gave the following explanation of his
resignation: :
Il beg to tender my -e:..s5:S;sss..is1I as
trustee OF School District No. IL and
request that. it be acted upon and ac-
cepted at the regular December meet
ing Of the board
regret the necessity of having to
reiinquish my position as trustee as
l IN deeply interested I'm the work
OF building up thoroughly efficient
syste m of public schools. but IL IA
plain from the language OF the state
constitution and from decisions of the
supreme court of South Carolina that
l cannot hold the positions OF state
senator and school trustee at the
came time.
Article Ill, Section "a, OF the coll
stitution is as follows:
mo person shall be eligible to a
seat In the general assembly while
he holds any office or position of pro-
fit or trust under this state, the Unit
ed states OF America, or any of them
or under any other power, except t,,-
hcers in the militia and notaries plIb-
lie; and IL any member shall accent
or exercise any OF the said disqualily-
ing offices or positions he shall vacaIe
his seat"
Section e49 of the Code OF Laws. or
south Carolina. Volume /, 1912, is
explicit; 1t says:
1T shall be unlawful for any per-
son to assume the duties of any pup-
lie Office until he has taken the oath
provided by the constitution, and then
been regularly commissioned by the
governor The term public officersr
shall be construed 70 !neai, al; Gea.
GERS OF the state that have heretofore
been commissioned, and trustees of
the various colleges OF the stats.
members OF various state boards, dis-
pensary constables and other persons
whose duties are defined by law
In two recent cases the supreme
court has handed down decisions
clearly interpreting the law In the
case of mitchell vs Jones, "a s C, mage
4S7. 1t is held that zone appointed
supervisor of registration while hold
ing the office Of trustee of q ptfbiic
school district thereby forfeits the DO
sition of trustee" Again In Da. ling
vs. Brunson. "a S. c., page 207. the
court ruled that, "as the petitioner
could not hold two Offices, the law
interprets his act OF accepting ,,rne
second office as an abandonment or
the first" - ., s. 80