Historical Newspapers of South Carolina

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REVIEWING THE LAW. I There Shall bo no Discriminatioi Even if it Does Affect Others. B Columbia cor. News and Courier, m It has boon very evident that tin mm friends of Clemson College through B out the state were very much gratifict I by the action of the board of trustee! I in electing Hon. Alan Joliustonc a: I chairman of I lie board to succeed Col I K. W. Simpson, upon the latter's re I signation of the chairmanship las I week. Mr. Johnstone was for severa. jgj years an elected member of the boart I and was later, a few years ago, chos I en by the life members of the boan to fill a vacancy as a life member. II< is a man of the highest character ant *5 fine business ability and it is rec IS ognizod that no better selection ai M. president of the board could hav< W been made. Mr. Johnstone is nov a member of the house of represen tatives from Newberry county am liis influence in that body is felt. H< was called on t<? expound Newborn college's side of certain question l^ast session and did so in an admir able speech. It is now evident, however, that tin point is going to be raised whether oi not Mr. Johnstone can hold the posi tion of chairman of the board am member of the house, but it is no . likely that anything can be made oj ljf this point, since his election as chair W man does not change his status as i trustee under the Clemson will, am as such trustee lie is not holding ; state ollice. The Constitution says that "no person shall hold two offi cos of honor or profit at the sann time," but (he position of a lif< trustee can hardly he considered ai office of the State of South Carolina (since the appointment does not conn from the sin to at all. If, however, the point should h sustained it might affect others thai Mr. Johnstone. Senator Tillman, fo instance, is also a life trustee o Clemson under the Clemson will an< lie is also not only holding the offici of linitcd States Senator, but is i trustee of Winthrop College. electe< by the (leneral Assembly. It ha been frequently held that the posi tion of election trustee of a publii school or of a state college is an "of ficc'' in the meaning of the law. Tn speaking of the ditties of tin Governor the Constitution, Articl IV, Section 17, says: "lie shall com Kf mission all officers of the state," am B yet the records in the office of th B>- Secretary of State show that the onl; two trustees of Winthrop who hav ever received commissions are Dr. Ii jfl S. Joynes and Mr. D. W. McLaurin Section (>10, of the Civil Code, pro H vides: "No executive, judicial or otli er officer, elected or appointed to. an; A office in the state, shall be entitled ti h receive any pay or emoluments of of (ice until he shall have been duly com B missioned and qualified and sluill hav given bond, when so required to d B- by law." The trustees of state colle Bi' ges, of course, receive only mileagi and per diem and their service is giv B) on the slate perhaps sit a loss to them Bji selves financially; still they receivi Br! pay for I heir services and come unde the provisions of this section. Si far as is known all the present mem Hp.. hers of the board of trustees o H/1.' Clemson, who are elected by the Leg Hr. islature, have taken out commission Er 1 K ' as ha\;e those of the Slate IJnivcrsit; ^ v and the negro college. As the Senator from Newberry ha K announced his intention to run fo B^' governor next year, the name of Mi B Alan Johnstone has been suggeste B.i. for that place, and he would make a Br; admirable Senator. It will be unfoi tunate if he is unable to remain i B' the house for the remainder of th B term and if he is unable to stand fo the senate, and it is not believed Ilia the objection to his doing so is souiu Hi However, if the fine points of th B) law are to be insisted upon there i no more reason to single out Mi Hk'ij. Johnstone than other more promir ent members of the boards of tnu KL REFERS TO OTHER DICISIONS B Correspondent Augusta Chronicle R< BW< views Several Casos But Forgets Life Trusteeship at Clemson Bj . Is Above The State and Br tlio Constitution. B|k\ugusta Chronicle. Bvj Newberry, S. Aug. 111.?An ii Bw/ltercsting question, arising from th Bf.'/election of Representative Alan John Mjlrstone, of Newberry, to the office o B, ' Chairman of the board of trustees o Bj;! Clemson college, is now engaging th Bn^ attention of the legal talent througl Bfli.W.'ut the slate. The question involve Bi/I the right of a person lo hold "two ol B>^,( ilees of trust or profit" at one an the same lime, ami the construction of this .section of the constitution oi i the state as to whether or not the office of chairman of the board of trustees of Clemson, a state college, comes under this head. Mr. Johu: !one was elected to the 3 legislature a year ago. ana has served " as a number of Ciat t>ody for the term. Upon the death of Col. D. K. s Norris, several months ago, he was * electee] the first liie member of the ' board of 'ru'.tess of Ciemsoo. A few " weeks ago, Col. H. W. Simpson resigned as cnairman of the board, and Mr. Johnstone was elected to succeed him. Un'.tn his election to the ehairmauship, 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 be raised in the settlement of the question. Special reference is made in one or more sections of the constitution as to the eligibility to a seat in the gener1 al assembly of j; person "holding an office 'or position of profit or trust ^ under his state, United States of America, or any of them, under any other ;)o\ver, etc." While the oflice of chairman is not one of profit, it apJ p^ars that it is clearly a position of trust, end under this construction of the constitution, Representative John1 stone will have to vacate one of the ' ollices. ^ The Constitution of 1895, Article 3, Section 24: "No person shall be 1 eligible to a scat in the general assem1 ^ bly while he holds an ollicc or posi1 tion of protit or trust under this s state, United States of America, or any of litem, or under any other pow or, except ollicers in the militia and 2 notaries public, and if any member 1 shall accept or exercise any of the ? said disqualifying olTiccs or positions R he shall vacate his seat." The Constitution of 180"), Article 2, e Section 2: "Rut no person shall hold i two ollices of honor or profit al the i' same time." f The Oonstilulion of 185)"), Article 3, 1 Section 11 "IOach house shall judge 2 of the election returns and qualiflcai lion of its own members." I The house of representatives, Scss sioii 189(>, declared I lie seat of the - lion. .John T. Duncan, a member from u Newberry, vacant, because he at the - same time held the position of chief clerk to the secretary of state. The r same house al the same session dee dared the seat of lion. John T. Gas. ton, a member from Aiken, vacant beI cause he hold the position of clork in e the state dispensary, under the Act of y the General Assembly. o The supreme court of South Caroi. lina, in the case of the State vs. Colei. man. 54 S. C., page 282, 32 S.. 10. R., - page 406, says: "The Constitution - adopted in the year of 1895 in Artiy ale 2, Section 2, provides: "But n, i) person shall hold two ojces of honor - or prolit at the saute time." Unques tionablv, the intendnnt of the town v> of Saluda is an otTice of honor, and o the ollicc of clerk of the circuit court - of Saluda county is an oHie<> of profit. It would seem therefore (hat Mr. - Crouch fell within these words of the .. Constitution." Therefore holding p that Mr. Crouch could not hold the r position of clerk of the court and ini> lendant of the town of Saluda al one - and the same lime, notwithstanding f the fact that there was absolutely no - salary connected with the oflice of th? ;, intendant. y Different attorney generals of tlie slate have decided ihat a person could s not be alderman of a town and trusr to.' of a school; also a person could . not he school Iruslee and water works d commissioner a I the same lime; alsn n could not he a beer dispenser and al - dermau at the same lime; also could n not be a postmaster and intendant en e alderman at I he same time, and furr thormore thai a warden is an officei ,t wilhin Ihe purview of the ConstituI. tional provision and I hat a man cane not be a warden and at Ihe same time s a member of tin* general assembly, i*. In order to settle definitely the i- questiem now raised in the house of ;- representatives a I Ihe session of 100C the following resolution was introduced: "Be il resolved by Ihe house of . representatives, the senate concurring that the judiciary commit lee of the1 j- house and senate he, and I hey arc hereby requested to hold al once a joint session, to advise the general assembly whether or not a person bedding Ihe position of United States Senator, member of congress, from this stale, or stale or county official, can, i- under the constitution of this slate e hold the position of college trustee, i- otherwise) than an ex-olTicio membei >f e>f the hoard." This resolution was f unaimously passed and sent to the o senate, where, for some reason, it was i- held up and no action taken thereon a the presumption being thai one then > mighty in power in South Carolina el had it held up, seeing that it pointed . I nr. ME.KALD AND NKWS. Summi SHOI Is that pair of low cuts ' buy a new pair. Our shel new shapes are here. Wi tise. These lines are repi stylish Shoe-making in th summate skill in the desig in our Shoes has made th j| QUEEN f\ ^ W\ 'A , They have that dis l^J\\ them which appea \ durability an ) comf< in Patent Kid and pi BURROJAPS are stubborn shoes. They ARE HARD TO WEAR OU1 Their wearing qualities are surprising. We guarantee them not to break through before the first sole w^ars out. In addition you get style, sliapliness, comfort and shoe satisfaction. A complete line now on hand for your inspectio SUMM NE I mm ? B BWBMffaWHeMWMMMMBBMMWMWBiWMMMMMMMl I directly to liiin. a member of the There l)t*i 111?" 1 wo separate provis- who holds any po ( ions of the constilnti?>11 one holding honor. Article S thai no person shall hold ! wo oflices of 'Section 2-J. No i honor or profit at the same time, and eligible to a seat i , the other being-a special provision in seinbly while he h reference to members of the general position of profit ( . assembly, it would seem that in this state, the United case it is quite plain and no doubt them, or under an; the legislature at its next session will eept olliee m the* n , called upn to settle this question ies public; and if in older that there may be a preccd- accept or exercise cut by which such other eases may bo disqualifying olliee ' governed. ' sha|, vacate"his sw I r The Observer s; A QUESTION RAISED. J and asked him if anything in regan , Does Mr. Johnstone Vacate His Seat raised. He said lu : in The House of Representatives had not intended t by Accepting the Presidency of it. of the Board of Trustees . Knowing that Mi of Clemson Col- milH violate i le?e? ally, and that he i r i | clear ideas of his t < The Newberry Observer. | \ilA v;vvv (,f ,|H. |a , The Herald and News of Tuesday, so Car as it applies , referring to the election of Mr. Alan reply , .Johnstone as president of the board *<] w;j| jus( , of (Moiuson college, savs: , * ^ ' ed that question as i "We rgret. however, that this posi- genntoi Tillman 1 ! tion which has been voluntarily giv- position on the (-1 s en to Mr. Johnstone shall deprive the trntees similar to I , people of Newberry county of his py. The position n i | valuable services as a member of the the people, but nu< II general assembly, for under the con- Clem-on, i| is not Institution of 1895 no man can serve as tion of profit or er Bros. Co. E CMAT! worn out? 't's too late in the season to ves are chock ull of new hoes All the i are sole agents for the lines we adver-esentative of the very best and most is country. Perfect workmanship, conning of last and the quality of stock used em the standard of EXCELLENCE WHEREVER WORN. QUALITY SHOES Jiff" r Ladies of Tastel tinctio-\ and discriminating feature about tw \\^" \ s to all lovers of fine foot wear. For )rt tney are unsurpassed We have them \ in Kid, Button and Lace. jal Korrect Shape! WSk Primarily, as the name implies, they are KORJ RECT SHAPE, which guarantees every woarer absolute ease and comfort, an^i a shoe, which, for attractiveness, commands attention wherever 'Vlv^f worn. They are positively distinctive in sty e, so distinctive as to be leaders. In quality and st rvice again they are leaders, the greatest shoe value known r For Patent Leather Satisfaction Wear Guaranteed "Burrojaps" We replace with a new pair if the vamp breaks i. through before the first sole wears out. Es n B Ed A R BROd., WBERRY, S. C. none ml assembly stale,' and, therefore, according 1?> I !>? r of (lie hoard, I cannot he affectation of trust or ||i(. opinion ol' (lie best lawyers with I by it as chairman of I he hoard, selion 2-1 says: u.,mm , havt, ,,msu|l4.(|, does'not ,,,.no w\'n> ;i between the nelson shall be , , -. -, . ? hairmanship ol the board of trusI !>,ia ' ' within the prohibition ol the eonsti- . . n the general as- an" m-v sf'al 1,1 l',t! h'jrislalurc I dils anv ollice or 'n*'on* ^ 'M>M ' was !ts^0(' 'as' suin" would not hesitate, but would wilhr trust iinder this nHM a ''imdidale foi the (i,..nv j n>m t|u. )>oar,jf fur the reason. Stales or anv of 1 with what I aml ,lu. ot,|y |vaso,lf ?lftt my soat other power ex- rp~a,^v>(^ a,s P??d l?*fS"al talent, and legislature was given rne hv the Hilary and notar- ,hpy (,(>nfinnf,(1 11,0 vi?!WS ,hat ,,a<1 people of Newberry countv before n.v member shall aln>a<1>' l,,,0M The trustee- |!)(1 |msi(ioM 0l) |h(, ,,onr(1 of lnist(;0s; "anv ol' the said sl"P W,'U'h 1 ,,U> Ch'"wnn and however much I value the eoi.fi* or positions lie W,U "ol hn"* " I"'*'" j deucc and esteem of the hoard of t ,,, . Hon under the constitution, the ,nist(.0s , (.oull, (.()MS(!llt (0 ,)a|.|(>r ' ... , llM.lon, ehairnwinship of it eannol he, because away posi,ion ^veM m(, in (||0 v '" * " it is no new ollice and only held at ]0?islnture bv the people of Newherrr ' f"; ; ,ht' wil1 ??>? ,,oanl a,ul *?.V reason poun(y> Hut , ,)av? nof r^ftr(le(1> aria 11 In he ,ny l>,'i" tn,Mll!C- rf " werc il Ao not now regard, myself as dis,/ ,! > . nv notice ,M'W I10"!1""' n<,, out "f ,,1(' qualified from holding either posii) i??k( un\ trusteeship, and giving any new powers not conferred by the board them. .Johnstone is not selves, such new powers would make ny law intention- t|)(. trusteeship itself vacant. To il- Kvervhody uses Colgate talcum i a man who has histrate: A member of the legisla- '*>?> yours from liroaddm-uly, lie was asked |im, js appointed chairman of the iv or const it nl ion, ways and means committee, for in to his ease. Ilis | stance, or chairman of a committee Many a man who thinks he is L'etj of any other sort: that does not va- Iintr into a peach orchard, really his: I had regard- cale his seat as a member of the lep- finds his way into a lemon frrove. lon<r a^o settled, islature; because the chairmjanslmp ? avinjf accepted a "rows out of his position as a !e?is- h js calculated that there arc fifjmson hoard of lator, .just as the chairmanship in nj^ ty tons of soot suspended over the hat which 1 oceu- case irrows out of my membership on city of London in the shape of smoke. >t being by <rift of t.;?* board < f trustees of Clemson eol er the will <?f Mr. leae. So tiiat. not h<?v'r,?; been CALL ON BROADDUS & RUFF and 'an ollice or posi-' ' 1 provision ' tic be convinced that their line of xto trust under this j stitution while 1 was simply a mem- tioncry is up-to-date and cheap.