Historical Newspapers of South Carolina

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REVIEWING THE LAW. There Shall be no Discrimination Even if it Does Affect Others. Columbia cor. News and Courier. It has been very evident that the friends of Clemson Cllege through out the :tate were very much :tified by the action of the board of trustees in electing Hon. Alan Johnstone as chairman of the board to succeed Col. R. W. Simpson, upon the latter's re signation of the chairmanship last week. Mr. Johnstone was for several years an elected member of the board and was later, a few years ago, chs en by the life members of the board to fill a vacancy as a life member. He is a man of the highest character and fine business ability and it is rec ognized that no better selection as president of the board could have been made. Mr. Johnstone is now a member of the house of represen tatives from Newberry county andi his influenee in that body is felt. He' was called on to expound Newberry college's side of certain question; I ast session and did so in an admir able speech. It is now. evident, however, that the point is going to be raised whather or not Mr. Johnstone ,can hold the posi tion of chairman of the board and member of the house, but it is not I likely that anything can be made of this point, since his election as chair man does not change his status as a trustee under the Clemson will, and as such trustee he is not holding a state office. The Constitution says that "no person shall hold two offi-f ces of honor or profit at the same time," but the position of a lifel trustee can hardly be considered - office of the State of South Carolina, since the appointment does not come from t'he -state at all. If, however, the point should be sustained it might affect others than Mr. Johnstone. Senator Tillman, for instance, is also a life trustee of Clemson under the Clemson will and he is also not only holding the office of United States Senator, but is a trustee of Winthrop College. elected by the General Assembly. It has been frequently held that the posi tion of election trustee of a public school or of a state college is an ''of fie"' in the meaning of the law. In speaking of the duties of the, Governor the Constitution, Article SIV, Section 17, says: ''He shall com mission all officers of the state,'' and yet the records in the office of the Secretary of State show that the only two trustees of Winthrop who have ever received commissions are Dr. E. S. Joynes and Mr. D. W. McLaurin. Section 610, of the Civil Code, pro vides: ''No executive, judicial or oth er officer, elected or appointedt to. any Soffice in the state, shall -be entitled to receive any pay or emol'uments of of fie,antil he shall have been duly corn missioned and qualified and shall have given bond, when so required to do by law.'' The trustees of state colle ges, of course, receive only mileage and.per diem and their service is giv ,en the state perhaps at a loss to them selves financially; still they receive pay for their services and come under the provisions of this section. So far as is known all the present mem bers of the board of trustees of Clemson, who are electe,i by the Leg islature, have taken out commissions, as have those of the State University and -the negro college. .As the Senator from Newberry has announced his intention to run, for govern or next year, the name of Mr. Alan Johnstone has been suggested for that place, and he would make an admirable Senator. It will be unfor tunate if he is unable to remain in the house for the remainder of the term and if he is unable to stand for the senate, and it is not believed that the objection to his doing so is sound. However, if the fine points of the law are to be insisted upon there is no more reason to single out Mr. Johnstone than other more promin ent members of the boards of trus tees. REFERS TO OTHER DICISIONS. Correspondent Augusta Chronicle Re views Several Cases But Forgets Life Trusteeship at Clemson Is Above The State and the Constitution. ugusta Chroniele. Newberry, S. C., Aug. 31.-An in eresting question, arising from the etion of Representative Alan John tone, of Newberry, to the office of Chairman of the board3 of trustees of Clemson college, is now engaging the attention of the legal talent through out the -Aate. The question involves the ngh of a person to hold ''two of iTh. f ast or profit'' at one and th a onie 141mie, and the construction of til. seiof of the constitution of the :tate as to whether or not the of fie of --hnirnan of the board of trus leos of Clenson, ia state college, coni es under this head. Mr. John.one was ceted to the legizlature a year ag-. and has served as a mmh r of that tody for the term. 1ion the deathi of Col. D. K. Norris. several months ago, he was eleet. the fqrst lite member of the board of orfes of Gems. A few weeks ago, Col. R. W. Simpson resign ed as enairman of the board, and Mr. Johnstone was elected to succeed hit. UIn his election to the chair maiship, the contention as to his holding two positions of profit or trust at the same time arose, and it is expected that some fine points of law will I)e raised in the settlement of the question. Specia! reference is made in one or more sections of the constitution as to the eligibility to a seat in the gener al assembly of a person "holding an offie'e 'or position of* rofit or trust under this state, United States of Airrerica, or any of them, under any oither ;ower, etc.'' While the office of chairman is not one of profit, it ap p2ars. that it is clearly a position of trust. and under this construction of the constitution, Representative John stone will have to vacate one of the offices. The Constitution of 1895, Article 3, Section 24: "No person shall be eligible to a seat in the general assem bly while he holds an office or posi tion of profit or trust under this state. United States of America, or any of them, or under any other pow er, except officers in the militia and notaries public. and if any member shall accept or exercise any of the said disqualifying offices or positions he shall vacate'his seat." The Constitution of 1895, Article 2, Section 2: "But no person shall hold two offices of honor or profit at the same time.'" The Constitution of 1895, Article 3, Section 11 "Each house shall judge of the election returns and qualifica tion of its own members." The house of representatives, Ses sion 1896, declared the seat of the Hon. John T. Duncan, a member from Newvberry. vacant, because he at the same time held the position of ehief lerk to the secretary of state. The same house at the same session de lared the seat of Hon. John T. Gas ton, a member from Aiken, vacant be ause he held the position of clerk in the state dispensary, under the Act of the General Assembly.. The supreme court of South Caro lina, in the case of the State vs. Cole man, 54 S. C., page 282, 32 S.. E. R., page 406, says: "The Constitution adopted in the year of 1895 in Arti el 2, Section 2, provides: "But ne person shall hold two ojces of honor or profit at the same time.'' Unques tionably, the intendant of the town of Saluda is an office of honor, and the office of clerk of the circuit court of Saluda county is an offlee of profit. It wvould seem therefore that Mr. Crouch fell within these words of the Constitution.'' Therefore holding that Mr. Crouch could not hold the position of clerk of the court and in tendant of the town of Saluda at one and the same time, notwithstanding the fact that there was absolutely no salary connected with the office of the intendant. Different attorney generals of the state have decided that a person could not be alderman of a town and trus tee of a school: also a person could not be school trustee and water works commissioner at the same time; also could not be a beer dispenser and al derman at the same time: also could not be a postmaster and intendant or alderman at the same time, and fur thermore that a warden is an officer within the purview of the Constitu tional provision and that a man can not be a warden and at the same time a member of the general assembly. In order to settle definitely the question now raised in the house of representatives at the session of 1900 the followving resolution was introduc ed: "Be it resolved by the house of representatives, the. senate coneurrin'g, that the judiciary committee of the house and senate be, and they are hereby requested to hold at once a joint session, to advise the general as sembly whether or not a person hold ing the position of United States Sen ator. member of congress, from this state, orP state or county official, can, under t he constitution of this state, hold the position of college trustee, otherwise than an ex-officio member of the board.'' This resolution was unaimously passed and sent to the senate, wvhere, for some reason, it was held up and no action taken thereon, the p)resumption being that one then mighty in power in South Carolina hoa it held upn seing- that it pointed SIIO[ Is that pair ,of low cuts wo buy a new pair. Our shelve new shapes are here. We a tise. These lines are reprer stylish Shoe-making in this summate skill in the designii in our Shoes has made then QUEEN C For L They have that distinc them which appeals t durability an - comfort I in Patent Kid and p1 in A GUARANTEED You can't . PATENT LATHER break theno. We uarnte thr)o,t ra through beforeth firs .solewear NNE arerscbbor shoehiThe Theee w earigalteoisaesrpii ioso th r otitutio E he l irse er thatut.perso sallhodto yoetstyeofa honess,ocomforttand shoessatisfaction. Ahte complete lspea prowison handoryuiseco. referectl to hm.emberse of the gener Thre i ng tquit epaat rovidoohldubtpoito th io sltue contitstinx seon holinghnrllice3 eto tha nole psn tosetlleol thisoffiesiofn Scin2.N es hn orrftat the m be tma n e liileted-a i h eth byw in spiotheroision may eb yxh h od asemby Mr. oulstone tacat ithis s tateth UntdSae in orde thats th e presy enaties-acp reecs n eby Aceptn shther caesenybeJdsulfigoics r ovted shalrdvoateThisstats'. -he NeTherObservervsaw Ah QHeraldandNew ofIED Tusanday,hm fh referringanythinglecniregardr.tola Johnsto tneg tpresiden cy h b ofard of Clemson lee says:ant voat ny '' elget,ho eer allytandhiathposi peoplelefrNeweerryfcountyutf,his valhe eerve Obsaer ber ie of the lwo heHeral d ambly, f o f d e sday son ra taple oh refrrn o he letio o Mr A a rember w fths:ne ot (ernoncllee.sys:edwhat qstond any poitong "We rret,howeer, hat his oSnaor ATilema havecion tio whch as eenvolntailygiv pSetinon the Cl eso vahibl~servcesas memer f teligie oe, set une the genralasemby. orundr te on- Cemly wile he no d an0 LtitiioI of1895no mn cn seve s i tion of profit or trus rn out? It's too late in the season to s are chock ull of new hoes All the re sole agents for the lines we adver entative of the very best and most country. Perfect workmanship, con ig of last and the quality of stock used i the standard of EXCELLENCE WHEREVER WORN, IUALITY SHOES adies of Taste! tion and discriminating feature about o all lovers of fine foot wear. For :ney are unsurpassed We have them Kid, Button and Lace. Korrect Shape! Primarily, as the name implies, they are KOR RECT SHAPE, which guarantees every wearer ab solute ease and comfort, and a shoe, which, for Kattractiveness, commands attention wherever worn. They are positively distinctive in style, so distinctive as to be leaders. In quality and service again they are leaders, the greatest shoe value known. . . - - .For Patent Leather Satisfaction Wear Guaranteed "Burrojaps" We replace with a new pair if the vamp breaks trough before the first sole wears out. . . ER BR OS BERRY, S. C. a assembly state,' and, therefore, according toheoftebad cnoteafc of trust or the opinion of the best lawyers with Ie yi scara ftebad 24 says: whom I have consulted, does not comeaqesin eten h ishall be within the prohibition of the consti- darasi ftebado re general as- tution. When I was asked last sum-wulnoheia,btwudwt y officee or mer to become a candidate for the da rmtebad o h esn. undr any is legislture I consulted with what I adteol esn htm eti ran ofregarded as good legal talent, and t~lgsauewsgvnm yte power, ex- they confirmed the views that had pol fNwer onybfr ande notall already been expressed. The trustee-th psiino hebad ftr te; ofmthe shaid ship which I hold under the Clemsonan hoermuhIvletecni positionsahd will not being a disqualifying pos-dneadetem o h or f >stos hton under the constitution, thej rsesIcudntcnett atr chairmianship of it cannot be, because aa h oiingvnm nte ,Johnstone it is no new office ind only held atleiatrbyhepoeofN brr shed to say the will of the board and by reason cut.BtIhv o eadd n e question of my being a trustee. If it were aj ontnwrgr,msl sds tot; that he new position, not growing out of thequlfe frm hdig itr po any notice trusteeship, and giving any new pW onw ers notbconferred byathe,boardnthemb-_affeet e was asked tredisyappointdcchairman ofthehandoRuff constitution,wayIfandtmwenecommiteeeiofrbintween_the s case. His I stance, orchairmansi of acm ite Mn a h thinksard is tu had egad- cat hissea as meber f t ele s find is ea n a h lengilroe I ago settled,wisroure;heeboard,teforathenreason acceteda grws ut f hi poitin asaani d Ithes caluae hason theatrea fi boad o laor jut a te cairanhipin ~ thy tongifsot wsgiene oerb the bic Iocu- as gowsou o mymebesh p o pe of no te haerr ot befoke. ~g by gifthofpositioardon therustesdoffClemsones;l wllof r. ege So~ nt hVr1 be r ustee C I O l nIotDU &osn toF bandr fie~ ~ - rovsio ' h' le ni ncu ed hat e i le of werya un er s ottonfre yhte board sipy hem- tinr isu-odeadchp.