The herald and news. [volume] (Newberry S.C.) 1903-1937, 1916-02-18
Friday, February IS, 1915.
AS TO HOLDING TWO OFFICES


commends The Record for our activity
in the matter of persons holding more
.han one office, and naively asks
what we think of Senator Johnstone
and Governor Manning doing the
same thing, The Record believes that
these gentlemen referrd to haY le-
gal right to act as ''life trustees of
the estate of Thos. G. Clemson and in
that capacity be members of the col
Iege board. But as to the propriety
Of it that is a delicate question. Per-
sonaIly we do 10: approve of Glenn
sons trustees sl;,irg in the legisla
ture where 9th er State colleges may
rot be representd-CoIumbia Rec
ord.
If member of the board of trustees
and president OF The board is not q
position under tbs State then why
should The board make report to the
legislature? If you are to differen-
tiate between life members and those
elected by the legislature why not let
the life members refrain from making
report to the legislature and let only
the elected members make the report?
But We see that you agree with US
that the trustees of all the colleges
should not sit in the legislature be-
cause they will be called upon to lg-
islate about matters affecting the in
stitutions over which they preside,
and naturally will be inclined to IA
Eor mattrs pertaining to their in
stitutions, and be thoroughly honest
and conscientious in so doing. We
have seen it and heard it on the floor
OF the house.
Certainly it is against the statute
law of the State for those elected to
exercise the duties without first TAX
ing the oatn of office and receiving
their commission.
AS to the governor we think he
should be a member eX officio of the
Clemson board, just as he is of the
other boards, if the State has anything
at all to do with Clemson. But he
should not be a member by election
or appointment under the Clemson
will.
Since the matter is under discussion
suppose We take a look at the statute
law and the decisions Of the supreme
court on the subject.
If the decisions of the supreme court
do not hold that Clemson is a State
institution, and, therefore, that trus-
teeship, whether by election or life
member under the Clemson will, is a
position under the State, then what do
they hold? Clemson could not be
sued, because it was a State institu-
ton. If it is a State institution, then
is not a trusteeship of the institution
a position under the State?
Section $40 of the Code of 1912, Vol.
I, provides as folloys:
1t shall be unlawful for any person
to assume the duties of any public Of
fee until he has taken the oatn pro-
vided by the constitution, and been
regularly commissioned by the COVER
nor. The term public officers" shall
be construed to mean all officers of
the State that have heretofore been
commissioned, and trustees of the va
riOus colleges of the State, members
OF various State boards, dispensary
constables and other persons whose
duties are defined by law.
This statute has been before the su-
preme court in the case of Sanders V.
BeIue, 7S S. c., Ill, in which case they
held that a superintendent of a poor
house was an officer within the mean
ing of the constitution and statute
There is no doubt Of the fact that
the trustees OF Winthrop, The Citadel