The herald and news. [volume] (Newberry S.C.) 1903-1937, 1917-08-31
CAN'T BE ALDERMAN
AND SCOOL TRUSTEE

Columbia, Aug. 2S.-In an opinion
rendered today, Assistant Attorney
General Claude n. Sapp holds that
it is against the fundamental law OF
the state for man to retain the po-
sition of school trustee Of locai
school district and also be alderman
of a town, under the provisions o.
the constitution prohibiting the hold
ing Of two Offices of honor and pront
at the same time.
Yet in this state today, Under
~slaw and orded administration, the
governor, the senior United States
senator. a member of congress, and
members of the general assembly, are
violating this same fundamental lay
and the violation goes unchecked.
The opinion rendered by the attor
ney generals Office today is in line
with the opinions from that Office AMI
also decisions of the supreme cours
during the past several years-in fac''
ever since the constitution OF 1895.
The members of the general assembly
who are holding two Offices are NOT
only violating the section of the con-
stitution called attention to, but an
other section, which reads:
.eNo person shall be eligible to
seat in the general assembly while he
holds any Office or position of pront
or trust under this state, the United
States of America, Or any CT them,
or under any other power, except OIL
fees in the militia and notaries pub
lie. and Il any member shall accept
or exercise any of the said disquality-
ing offices or positions he shall Va
cate his seat"
Senator Alan Johnstone, of New
berrp, is member of the board OF
trustees of Clemson college, and al
so president of the board. while he
continues to represent Newberry
county in the state senate
United Staes Senator B. r. Till
man is a member OF both the Glenn
SON and the Winthrop college boards,
Hon. W. W. Bradley, OF -,oDeviile.
is q, member OF the Clemson board,
and also assistant state bank exami-
uer. In addition to these two Offices
he held the position OF private secre-
tary to Congressman Aiken up until
the time Congressman Doainiek sue
ceeded Mr.. Aiken.
Hon. Richard T. Manning, governor.
IS member OF the board Of trustees
OF Clemson.
Congressman A. Frank Lever is one
of the Clemson trustees.
Hon. J. J. Evans, a member OF tho
senate from Marlboro county, Is =
member of the Clemson board and was
elected a member Of the board while
ne was a member Of the general as
sembly.
And vet the trustee Of local school
district in Anderson county is pro
bfbited from also holding the office OF
alderman OF a town in his district
There is little wonder that the peo-
ple of South Carolina are asking, IS
the law made to be enforced only
against the masses and can those high
in authority disregard the constftu-
tion with impunity?
The opinion by Assistant Attorney
General Sapp referred to in the An
derson case is as follows:
Columbia, Aug. %, 1917.
xeMr J. B. FELTON,, County Superintend'
dent of Education, Anderson. S. c.
Dear Sir: am in receipt Of your
letter of the oath inst, in which YOU
state that a school trustee in Ander-
SON county has been elected alderman
of a town situate in the district OF
which he is trustee and you ask ID
be advised whether or not he couId
hold the Office of trustee and alderman
at one and the same time, and furtn-;
er, if in case he could not hold the
two Offices. whether or not acts OF the
board of trustees while he was a
member thereof, would be legal.
'<In reply thereto beg to advise
that the Office OF trustee and that Of
alderman Of a municipality are two
Offices in contemplation of Section
Article II, of the constitution OF 1885,
and. the acceptancy by the trustee n
question OF the Office Of eldermas
would waive, his right to hold the OF
flee of school trustee. Acts perform :