University of South Carolina Libraries
r. M. AULL. EDITOR. Entered at the Postoffice at Nev f6erry. S. C., aS2nd class matter. Tuesday, September 10, 1907. IS CLEWN A STATE INSTITI TION? It is unfortunate, but it seems to 1 true that one cannot discuss a pu lie question in which the individu is but an incident by virtue of ti position he happens to hold, witho the discussion being construed as ha ing a personal atmosphere about : In the matter of the Clemson Collec discussion, Mr. Alan Johnstone w simply incidental to it, and what v have had to say, as we have tried emphasize, was not meant to be pe sonal to him at all. We stated, ar we now repeat, that he has alwa; taken great interest in Clemson Co lege and having been on the boai during its building and having sper much time and labor and thought i getting the institution organized, was but a. compliment to his abilit that he should have been 'made a li: member, and that he should, upon tl resignation of Col. Simpson, be maZ ehairman c-f the board. And, as we have already isaid, it compliment to Newberry county th; one of its citizens should be place in this honorable and responsible po ition. Iu our first article we simply 'sta ed what we conceived to be the lai and if we understand the recent deci ion of the supreme court which we ha not seen at that time. this position confirmed by the opinion of the s preme court of this state. We d not raise any question other than w already raised by the constitution ar laws of this state. And now we desire, on the authc ity of the supreme court of this stat to take issue with the News and Cou ier when it says: "The discussion, however, brin pointedly to the attention, of the pe ple of South Carolina the fact tl Clemson College is not a state ins tution. The chairman of its gover ing board is not an officer of the st~ * of South Carolina. The control the institution is in the hands of s en gentlemen who hold office as r resentatives of a private~ deceden estate. South Carolina contribu' largely to support a college which essentially no more a state insti tion than is Wofford or Erskine.' In the case of Hopkins vs. Clems Agricultural College to which we ha already referred, it was undertaken obtain damages from the erection a dike by the college and the colle authorities in their answer allege ti the suit could not be maintained, I *cause it was a suit against the sti of South Carolina, and that the fendant, namely, Clemson Agrict tural College, had no title or inter< .in said land. The opinion in the circuit wasi livered by Judge Aldrich. Chief Ji tice Pope, in writing the opinion I .The supreme court, says: "We e perfectly satisfied with the circ1 decree and will only add a few c * servations thereon.'' Mr. Clemson deeded the Fort H plantation to the state of South Ci olina in fee simple on certain con< tions. By act of the legislature, the t quest was accepted an'd the corn tions complied with. Judge Aldrich says-. "Pursuant the power in discharge of the tru vested in him by the will of Mr. Clei son, on Marc.h 6th, 1890, the execut thereof conveyed, in fee simple, t: *. Fort Hill place, and all the residi and remainder of the estate of test tor (after paying leaie) unto tI state of South Carolina.'' On January 4th, 1894, the legisl ture authorized the board of truste to purchase the Lee lands of 228 aern -for $10,000 and pay for the same. TI deed was made on the 25th of Ma 1894. On the 24th of Dece'mber, 189 the general assembly abolished the d partment of agriculture and office commissioner of agriculture, and d volved the duties and power of tI * board of trustees on OClemson Agrict tural college, on all the trustees, i e luding the life, as well as the ele tive members. In 1894, the legislature passed act incorporating Clemson Colleg giving the board of trustees and the successors in office perpetual contr and direction of the affairs of ti corporation, making them, in oth words, a set of intendant and wa dens with powe' a make rules and p)uish violationi of anyV of the rul andI reau!alioni~s. a ie. Al Iilt powvers vested ini municipald officei emcet the right to levy and colle taxes. M Judge Aldrich says: ''The State of ti South Carolina now owns the Fort it Hill plantatiL.n1 in fee; holds the legal r- title in trust and is using said place I according to the trust." He further says: "The state owns the property h of the college and pays current ex- 1, penses from the income of the dona tion of Mr. Clemson, now held and y- owned by the state and appropriations from and by the legislture." "Is the 0 >e board of trustees of the Clemson Ag- ci b- rucultural College of South Carolina, ti a1 an agent of the state and acting as. ie agent of the state? I think it is, for It the state holds the fee in the 814 acres is - contained in the Fort Hill place, and le t. has founded and is maintaining the le e Clemson Agricultural College by and r4 3 through the board of trustees, as its h e agents." 01 ,o Chief Justice Pope as stated, say3 it r- that the supreme court is satisfied ja d with the decision and adds the fol- tI rs lowing observation: "The conditions c( 1- named in said will and testament of d -d Thos. G. Clemson have been fully g t complied with and the deed of con- P n veyance has actually been made, to s it wit: In 1890, to the state of South i y Carolina, and said tract of land is i e still in full possession of the same as o e the sole owner thereof." ''The fee in le this land is unquestionably in the e state of South Carolina." m is Now, what is a fee? 16 Cyc, page r, lt 602, defines a fee simple as follows: b d "A fee simple is so called because it tl 3- is clear of any condition or restric- oJ tion as to particular heirs. It is the t1 t- largest estate and most extensive in y, terest that can be conveyed in land, t - being an absolute estate in perpetuity u .d and conferring an unlimited power: is of alination."' ti 1- If the supreme court is correct that d the state has a fee simple title to this is property and a fee simple title confers td an unlimited power of alination, the News and Courier must be wrong; r- when it asserts as a fact that Clemson e, College is not a state institution.: r- And, if the state owns Clemson Col leee, the trustees must be acting un- a gs der the state and holding their posi- f 0- tions under the state. or they do not tl at have any authority for their action, C t because nobody else owns the proper- v - ty except the state of South Carolina. t te The News and Courier may be cor-!3 ofrect, but as a legal question the opin- j Vion of the supreme court in this state d Sis the law and not th'e assertiofis of sthe News and Courier or any other newspaper. The section of the con. stitution which we quoted refers spe- I u- eifeally to members of the general a:s- I sembly and requires that they shall jI ovacate their seats in the general as- a vsembly if they accept any other posi- I to tion or office under. the state, except ofan office in the militia or the office gof notary public. We have just given in this discus-! te sion the law as we find it, and when we ffi'st quoted the section of the con stitution in question. we had no idea sthat this discussion would assume the sproportions whieh it has. If the state eof South Carolina owns Clemson Colegeinfee simple and fee simple -r means an absolute estate in perpetu re ity and unlimited power of alienatio:n. -then if all the trustees of Clemson bCollerre. includineg the chairman of the board do not hold positions under ill the state of South Carolina, we would rlike for those who take the contrary' position to explain by what right and under what authority they hold their epositions. e- As to the state senator from this county, he does not now hold the pos ition of city attorney, neither does he t hold the position as a member of the. s;canvassing hoard of the state. and the aposition of executive committeeman Sis purely a party position and not a 2e! position under the state, but as a mat ie' ter of fact this is entirely foreign to a- the question under consideration. In the notice or extract which ap a- peared in The Herald and News on 3s 'riday from the centennial editi onl a of the University of Maryland. we 13 are afraid that a statement which Y, was made may be misunderstood I 0 or misconstrued. We stated that we I regretted that a sketch of Dr. J. M. I I Kibler and Dr. J. M. Sease did not 1y e- appear in the edition. It was not in ltended by this statement that they 1were not as worthy as any others 1- which appeared. They graduated in e the same class with Dr. Houseal andI hiave been eminently successful in IN Ln the practice of their profession siniceE e. graduation. Of course. their names ir appear along with the list of the oth o er graduates of this institution, and te our purpose was to express our re egrets that they did not furnish to the r- compiler of the book the necessary :' data so as to have these sketehes ap- Il asper Dr. Kihler was prese'nt at the C io exercises ineident to the celebration . ot this centenniial, and has always at toan a lively interest in his alma. ater. He did not care, however, at iis time to subscribe for a copy and was published by subscription. AS TO HIGH SCHOOLS. We observe that the city of Union as by a unanimous vote of 33 bal ts decided to establish a high school ider the recent act of the legislature. i order to do this, it was necessary )r the township in which the town E Union is located to join with the for .ty in forming the high school dis- Wil et. vai As we have remarked before, this SU( an evasion of the intention of the am gislature, as we understand it. The thC gislature may have been wrong in ,stricting the establishment of these MG Lgh schools to the rural communities - to towns with less than 1,000 inhab- Me ants, but that was what was done, id as we recall it, the purpose of te legislature was to encourage the >risolidation of schools in the rural T istricts and the establishment of pii )od high schools, so as to give the ty4 ople who live in the country better F hool facilities. We are sure that the legislative mind it was the op- sha ion that the large towns and cities gray the state have already good school Cial telities, and by this act it was hop I to encourage the- building and the aintenance of better schools in the Get tral districts. We say this may have A %bI en wrong but certainly that was etc e purpose of the act. As a member 'c the legislature, we voted against fOr ie whole scheme, the reasons for hav( hich we are ready to give at any to . me. The state board, however, has - dertaken to say what it thought Ke( te legislature intended, and in that ay. has construed the law so that ie cities and towns of more than 000 inhabitants may be able to ob- Ge tin the provisions of thi act. ed E 85 n Gets Four Apples for Rent. $g7,( la (Kans.) Record. ing Mr. Claiborne, owner of the cider throi nd vinegar works and the sorghum will actory east of town, is the man with whic e best right to lament over the fruit will ider and sorghum portion of his mill be si rill remain shut down for the year, tion, he only operation being with grain. tion here is no sugar cane to speak of, The' nd no apples at all. As striking evi- ther ence of this latter fact he visited his Trai arm in Salem township yesterday. acco Inder the terms of. the lease he is to - proI eeive "one-half of the .apples grownan n the orchard" on that place. His fic i, enter informed him that Mr. Clai orn 's share will be just four apples nd inquired whether he wanted them T] elivered in town or would come after- pave hem. -hein VIPER E 6US5TER E WATCH TIVS 4 CopY ICMT 3906 BY THE BuST.SROWMC. CI 'IGE WILL SooN BE HAPP~ ILL CoME BACK. THEY a . LONG TIME. THEY WILL. ALK TO YOU ABoUT oUR Bi oU WoNDER HOW WE GoT HE CREAToR OF BSTE] oRLD'S HIGHESE PAID AR ~A FRESH, SIGNED DRAW E DID--IT CoST US NO SM LAD THEY WILL BE HERE. RUTH,. WE Do. WE MAKE IERCHANT MUST. WE Do 1I XCEP T ON BROK EN SIZES oF E MAKE PRICES RIGHT IN ISH TO MAKE MoNEY, Wl-l AN MAKE MoRE SELLING N'D DOING A BIGGER SU.S ~ELF BY MAKING OUR Vol VITE YoU To LOOK EACH AUL T'S CARTOONS. MNAUCH From Ne lew goods are actually arriving in the largest business of our careef I have the pleasure of choosing th ied and handsome stock as is to :h an assortment in Newberry, no >ther to compare with it, and price se ordinarily prevailing as they nt but has its tempting pric.e attr; us amount of goods received daill re outline of what you may expec arly Faill Dress Goods! hree big tables as you enter the store I with new fall dress goods, all 1907 ks, not a plug in the entire lot. ine all-wool Broadcloth In all the good les for fall, black, blue, green, garnet, and brown, good 85c. Broadcloth, spe to start the dress goods season 49c. yd. School Bells Ringing! your boys and girls ready for school. g lot of Ginghams, Percales, Suitings, in short lengths, enough in a piece L Child or Miss schooi dresses. We , enough short lengths aid remnants ress every girl in the county. ,p both eyes on-Nimnaugh, I am going noa and Milan are to be connect- $ $ $ $ y a marvelous electric railroad iles in length, which is to cost 00,000. The excessive cost is ow to the nature of *the country igh which the line will pass. It require nineteen -tunnels, one of h will be twelve miles long. There . be 372 bridges, and the road will x years in the course of construe- AN The cost of the line construe alone will be $500,000 per mile. line will be double tracked and .Cokr nwill consist of three care, eahgTinWa mmodating 50 passenigers. It is La osed to .run twenty trains a day, it is estimated that the daily traf- j ill be ~6,000 passengers. 1e streets of Athens are being Noa arti dwith asphalt and tracks are Sprepared for electric trolleys. So0mnet 1 is Ande / Invites eve S hoes to con sonable line __ the names R - vrably for s~ ~jShoes. Thes f'. BSTER BROWN ent widths, a ILL BE ON THIS PAGE ,unshbt , DELIGH T YOU AND .rihbt JINESS. PER HAPS shapes for na MR. R. F'. oU TCAUL T. t BROWN AND THlE Button Boc risT. To MAKE F'oR' ING EACH WEEK. BUT we have lots ALL PRICE. WE ARE BUSTER BELIEVES IN Button and 1 :A PRoFIT, EVERY loT "CUT PRICES"'-- tial soles, m2 ,WH EN oVER LoADED flexible and THE BEGINNING. WE o DoESJN'T? BU T WE $4.00. Corn AT A FAIR PRoFIT1 INESS. HELP YoURfm ..UME LARGER. WE If WEEK AT MR. oUT-II 'W AR T-PERRY CO. IS BACK w York! car load lots. We are preparing . The people of upper Carolina eir fall and winter needs from as be found in the Carolinas. No ever has been, nor will there be ,s are just as much lower than ve always been. Not a depart ictions, and owing to the enor y we can only. give in this ad. a t to see when you drop in. Bring the Boys Along. We carry the biggest line of Boys' Cloth ing and Knee Pants in Newberry. If you want to save money come direct to Mim naugh's. 125 doz. Boys' Caps just opened, not one in the lot worth less than 50 and 75c., your choice for only 25c. each. Handsome Check Wool Dress Goods! Black and brown, black and green, black and garnet, etc., special the yd 49c., 69c., and 98c. to make it lively for the boys this fall. ae and See! ERSON 10c. CO. FOR EVERYTHING IN China, Glass, re, Enamelware, Stationery, mnps, Baskets, Crepe Paper, School Supplies, Pictures, Jewelry, Combs, Notions, Novelties, etc. cle higher than $1.00. ling for everybody. )site Court House. ' MAOMWE CO.. rybody interested in Ladies' Fine le and! see as handsome and sea as can be found. We mention agina and jAutohav, known so fa > long a time to lovers of good wng lasts, Denver, Chilton, Nifty, vid treads and toe , of the differ re bul.t for comfort and style and And there are the straighter irrow feet In full range of sizes, ts are going t be much worn, and of them. Also~ the College Boot, ace are the thing. Good substan Lde like men's shoe- but soft and good fitters. Prims $3 50 and e and look the line over. L MOER 0.