University of South Carolina Libraries
Ik* ?ftaw K. H. AULL, EDITOR. Entered at the Postoffice at New flerry. S. C., as and class matter. Tuesday, September 10, 1007. IS OLEMSON A STATE INSTITU TION? It is unfortunate, but it seems to b true that one cannot discuss a pub lie question in which the individua is but an incident by virtue of th position he happens to hold, withou the discussion being construed as hav ing a personal atmosphere .about il In the matter of the Clemson Collcg discussion, Mr. Alan Johnstone \va simply incidental to it, and what w< have had to say, as we luive tried t( emphasize, was oof meant to be per sonal to him al all. We stated, am we now repeat, that lie has alway: taken great interest in Clemson Col lege and having been on the boan during its building and having spent much tinn* and labor and thought ii getting the institution organized, i was but a compliment lo his nbilih that he should have been made a lif< member, and lliat he should, upon (In resignation of Co]. Simpson, be mad< chairman of the hoard. And, as we have already said, it ii compliment to Newberry county tha one of its citizens should be placet in this honorable and responsible pos if ion. | In our first article we simply slat <'d wlial we conceived In he the hiw and il' wo undcrsland the recent dccis ion ol (he supreme eonrl which we hat not seen a I | hat time, i Ii i.^ posi i ion i: confirmed by I he opinion of the su I'l'emc court of thw state. We di* not raise, any question other than wat already raised by the const it ut ion am laws of this state. And now we desire, on the author ily of |he supreme eonrl of this stale to lake issue with Hie News and Coin ier when it says: 11 The discussion, however, briny pointedly lo the attention of the pee pie of South Carolina the fact tha Clemson College is not a slate insti tulion. The chairman of its goveri ing hoard is not an ollieer of the slat of South Carolina. The control v the institution is in the hands of se\ en gentlemen who hold oltice as re| resenlativi's ol a private decedent estate. South Carolina contributi largely to support a college which essentially no more a slate instill tion than is Wot lord or Krskine." In the case of Hopkins vs. Clcmsn Agricultural College to which we hav already referred, it was uuderlakfin | \ obtain damages from the erection i a dike by the college ami the colh\y authorities in their answer allege tin I lie suit could not he maintained, hi cause it wa.- a suit against the sta! ol Smith Carolina, and that the th fondant, namely, Clemson Agrieu tural ( ollege, had no title or iulere in said land. I he opinion in the circuit was d< livered by Judge Aldrich. Chief ,lii; tice Cope, in writing the opinion l\ Hie supreme court, says: "We at perfectly satisfied with the eiren decree and will only add a few ol serval ions I hereon.'' Mr. ( lenisou deeded the Fort Hi plantation to the stale of South ('a oli na in I < *> simple on cor I a in cond t ions. My act ol the legislature, the h< quest was accepted ami the cond lions complied with. Judge Aldrich says: Pursuant I the p<iwer in discharge of the trio vested in him by | he w ill of M r. ('lea SOU. on March (il h. ISOO, the execute thereof conveyed, in fee simple, tli Port Hill place, and all the rcsidn and remainder of the estate of lest; tor (alter paying legacies), unto Hi stale ol South ('arolina.'' On January lib, ISO I, the legish lure authorized the hoard of trustee to purchase the l,ee lands of 'JJS am for $10,000 and pay for the same. Th deed was made on the LVith of Ma' .1801. On the 2-lth of Decelnher, ISOl the general assembly abolished the dc partment of agriculfure and ollice r commissioner of agriculture, and di volved the duties and power of (Ii board of trustees on Clemson Agrieu tural college, on all the trustees, ii eluding the life, as well as the ele< I ive members. In IS0I, |he legislature passed a act in corpora I ing Clemson Colleg giving the board of trustees and the successors in otTice perpetual conln and direction of the affairs of 11 corporation, making them, in otlu words, a set of inlendant and wa dens with power lo make rules and I punish violation of any of the rah and regulations so made. All tli powers vested in municipal ollieer except the right to levy and collet Sir - " ? - ' ... . . . . . I. . | faxes. ' J udge A Id rich says: "The State of South Carolina now owns the Fort Hill plantation in fee; holds the legal - title in trust and is using said place I according to the trust." He further says: "The state owns the property of the college and pays current expenses from the income of the dona: tion of Mr. Clemson, now held and . owned by the state and appropriations from and by the legislture." "Is tho c board of trustees of the Clemson Ag. rucultural College of South Carolina, r| an agent of the state and acting as u agent of the state? I think it is, for t the state holds the fee in the 814 acres contained in the Fort Ilill place, and has founded and is maintaining the c Clemson Agricultural College by and s through the hoard of trustees, as its j? agents." j Chief Justice Pope as stated, says _ that the supreme court is satisfied | with the decision and adds the folk lowing observation: "The conditions . named in said will and testament of j Thos. (!. Clemson have been fully I complied with and the deed of coni veyancc has actually been made, to t wit: In 1800, to the state of South f Carolina, and said tract of land is ? still in full possession of the. same as J the sole owner thereof." "The fee in [? this land is unquestionably in the state of South Carolina." s Now, what, is a fee? 1(5 Cyc, page I 002, defines a fee simple as follows: \ "A fee simple is so called because it . is clear of any condition or restriction as t<> particular heirs. It is the - largest estate and most extensive int teres! that can he conveyed in land, . being an absolute estalr in perpetuity | I and conferring an unlimited power ; j of alienalion. -j If the supreme court is correct that lithe state has a fee simple title t<> this s properly and a fee simple litle confers ' an unlimited power of aliuation, the News and Courier must be wrong when il asserts as a fact thai Clemson '? College is noi a slate institution. And, if llie state owns Clemson College. the trustees must lie acting ims der (Ik* slate and holding their posilions under the stale, or they do not ' have any authority for 1 heir action, because nobody else owns the property except Ihe stale of South Carolina. ^ The News and Courier may be correct, but as a legal question the opinion of the supreme court in this slate ' is ihe law and not the assertions ot s the News and Courier or any olhet newspaper. The section of Ihe eonstitotiou which we quoted refers spe' cificallv to members of the general assembly and requires that they shall II vacate their seals in Ihe general asI semblv if they accept any other posi| tion or ofl'ice under the slate, except ' I an office in the militia or the oilier ' ; of not'irv public. , j W-' have just given in this disens, sion the law as we find it. and when we lir-t minted (lie seel ion < > f the coiiI ^titiPion in question. we had no idea i 1 that litis discussion would assume tho "'i . . | proportions which it has. If Ihe state of South Carolina owns Clemson College in fee simple and fee simple mean: an absolute estate in perpetu. j it v and unlimited power of alienat io.i, ji then if all the trustees of Clemson } : College, ineludiii'r the chairman ol I the board do not hold positions under II the state of South Carolina, we would jlike for those who take Ihe contrary 'position to explain by what ri-ahl and i under what authority they hold theii positions. . j As to the state senator from thi> j county, lie does not now hold the posi ition of city attorney, neither does he ' I hold the position as a member of Ihe j canvassing hoard of the slate, and the position of executive committeeman " is purely a party position :pi,l not a 11 position under the stale, but as a mat" ter of fact this is entirely foreign to " j the (|iiestion under consideration. | In the notice or extract which api pea red in The Herald and News on j I'Yiday from ihe centennial edition ! of the I'niversity of Maryland, we 3 lire afraid that a statement which i was made may he misunderstood b j or misconstrued. We staled that we !- j regret ted that a sketch of Dr. .1. M. '! i Kibier and 1 >r. .1. M. Sease did not '" appear in the edition. It was not in10 j tended by this statement that they I-1 were not as worthy as any others which appeared. They graduated in Ihe same class with Dr. Ilnuseal and j have been eminently successful in Hi Ihe practice of their profession since c. | liiadual ion. Of course, their names ir appear along with the list of the othill j er graduates of this institution, and io I our purpose was to express our rc;r grets that they did not furnish to tho r- compiler of the book the necessary o data so as to have these sketches ap s pear. Dr. Kihler was present at the le exercises incident to Ihe celebration s, of this centennial, and has always ;t taken a lively interest in his alma mater. I To did not carp, however, at this time to subscribe for a copy and I it was published by subscription. AS TO HIGH SCHOOLS. We observe that the city of Union has by a unanimous vote of 33 ballots decided to establish a high school under the recent act of the legislature. In order to do this, it was necessary for the township in which the town of Union is located to join with the f( city in forming the high school distret. v, As we have remarked before, this SI is an evasion of the intention of the g| legislature, us we understand it. The ^ legislature may have been wrong in ^ restricting the establishment of these high schools to the rural communities ^ or to towns with less than 1,000 inhab-1 T itants, but that was what was done,! ?: land as we recall it, the purpose of the legislature was to encourage the consolidation of schools in the rural districts and the establishment j n| good high schools, so as to give the * people who live in the country better school facilities. We arc sure that in the legislative mind it was the op-J ^ inion that the large towns and cities ' of the slate have already good school ci J faclities, and by this act it was hop- j ed to encourage the building and the I maintenance of better schools in the Q( rural districts. We say this may have i a been wrong but certainly that was} the purpose of the act. As a member , e* of the legislature, we voted against ; ^ the whole scheme, the reasons for he ! which we are ready to give at any to iliine. The slate board, however, has ?uuderlaken In say whal il thought K the legislature intended, and in that way. lias eoii^l rued the law so that the eilies .'iiid jiiwns of more (ban I ."Oil inhabitants may be able to oh "? lain l he provisions of thi act. i ed ! sr> Gets Four Apples for Rent. j ^ ( I "Ia (Kans.) Record. j ; Mr. Claiborne, owner of the eider, ih and vinegar works and Hie sorghum w laelorv east of town, is I he man with w , I he best right to lament over the fruit j w cider and sorghum portion of his mill |)( , will remain shut down for the year.' .j the only operation being with grain.' There is no sugar cane to speak of,' ?j? ami no apples at all. As striking evi-1 .j deuce of this lat ter fact he visited his i -p ' ] farm in Salem township yesterday. Under Ihe terms of the lease he is to I " . receive "one-half of the apples grown ' , .(in the orchard" on that place. His . j renter informed him that Mr. Dai- ' I horn's share will be just four apples . j and inquired whether he wanted them .[delivered iutownor would conn* alter- p . them. 1? ; WHERE : ! RUSTED. I ^ WATCH THI^ ,J?AC? EACH / ' You /// : {? 'viiLL 7 IA.LYoO (/ j THING H ...... j I - /rr cz) t* /o ?c* //-?? j Lg-^rVgJg.^T IQQ6 nv THt PUSYER MtpwiTeO TIGE WILL .Soon BE HAP will come back, they j A LONG TIME. THEY WI I TALK To YOU ABOUT OUR i vou wonder how we go THE CREATOR or BU.ST ! WoRLD',S HIGHE.SE PAID A U?S A FRE.SH, .SIGNED DRA WE DID--IT Co^T \JS No 3 GLAD THEY WILL BE HERE TRUTH. WE Do. WE MA MERCHANT MU.ST. WE DC EXCEPT ON BROKEN ?SIZE,5 < WE MAKE PRICED RIGHT I WI.SH To MAKE MONEY, V CAN MAKE MoRE .SELLINi and Doing a bigger m .SELF BY MAKING OUR V INVITE YOU To LOOK EAC [CAULT'-S CARTOONS. RESPECT I mm Froi New goods are actn } n . ,ar^est businej r| 11. nave the pleasure aried and handsome uch an assortment ir nother to compare v\ lose ordinarily prev >ent but has its term ious amount of gooc lere outline of what; Early Fall Dress Three big tables as you er hd with new fall dress goo yles, not a plug in the entire Fine all-wool Broadcloth ii tades for fall, black, blue, g ay and brown, good 85c. Br< al to start the dress goods se School Bells Rii et your boys and girls reac big lot of Ginghams, Perca c.f in short lengths, enough r a Child or Miss school c ive enough short lengths a iressevery girl in the cou eep both eyes on Minim Milan ar, to |>o (.?nn0( I'.v a marvelous electric railroi riuk?s in length, which is to Cc i .000,000. The excessive cost is o llf(> nature of (lie couul rough which tlie line will pass. 'II require nineteen tunnels, one liich will he twelve miles long. Tlu ill he H72 bridges, and the road u ' six years in the course of constn <>". The cost of the line constn "ii alone will he $500,000 per mi hi> lint; will he double tracked a u're will he no grade crossin tains will consist of three care, ea ['commodating 50 passengers. It roposod to run twenty trains a di nd it is estimated that the daily tr, c will he 0.000 passengers. I he streets of Athens are hoi nved with asphalt and tracks i Ring prepared for electric trolleys rr$ 3RQWN? cmrflr.o. 8U3TER BROWft PY. BUTTER. BRoW WILL BE ON THI.S PAG LL DELIGHT YoU AN BU.SINE,5.S. PERHAP t mr. r. r. outcai/l: ER, BROWN AND TH RTI.ST. To MAKE To WING EACH WEEK. BU MALL PRICE. WE AR BUTTER BELIEVED I KE A PROFIT, EVER > NOT "CUT PRICE.S"OR WHEN OVER LoADE N THE BEGINNING. W /Ho DOESN'T? Bl/T W 5 AT A PAIR PRoFI J.5INE.S.S. HELP YoV OLl/ME LARGER. W H WEEK AT MR, OUT TULLY, EWART-PERRY Co l,": ' n New Y 'ally arriving in car load lo 5S of our career. The peo| 1 of choosing their fall and stock as is to be found \ Newberry, never has be 'ith it, and prices are just ailing as they've always :>ting pric.e attractions, am Is received daily we can 01 you may expect to see whe Goods! Bring !.ter fjRT? We carry t ds, all 1907 , 2 lot. ing and Knee i all the good want to save re?n; &arnet> naugh's. 3adcloth, spe:ason 49c. yd. ^5 doz. E one in the lo ly tor school. ^our cno^ce f' ies, suitings, Handsome i in a piece iresses. We Black and rid remnants and garnet, e nty: and 98c. uigh, I am going to make it li ?vwwiiihit 11 ii i in i ?! m mp ?? mi @ .St ^ i j Come ai i: ANDERSON tc- $ lc- * FOR EVERY 11 Crockery, China, Glaj cii ^ Tinware, Enamel\ Lamps, Baske af- H School Suf Jewelr> 2 Noti Z <*. No article high ? Something for Opposite Coi Invites everybody inte Shoes to come anc! see ; sonable line -??s can be the names Retina and U vorctbl.y for so ?onf> a til "i! Shoes, "i he swhng i^sts, ?l j J etc., having wide treads N ent widths. Ju bui.t for IE p furnish both. And the d Pr shapes for narrow feet i 'J* Button Boots are going R, T we have lots of them. A , E N Button and lace are the Y tial soles, made like mei rE flexible and good fittei E $4.00. Come and look BACK ork! ts. We are preparing pie of upper Carolina winter needs from as in the Carolinas. No ien, nor will there be as much lower than been. Not a departd owing to the enornly give in this ad. a m you drop in. the Boys Along. he biggest line of Boys' Cloth; Pants in Newberry. If you money come direct to MiniBoys' Caps just opened, not t worth less than 50 and 75c., or only 25c. each. Check Wool Dress Goods! brown, black and green, black :tc., special the yd 49c., 69c , vely for the boys this fall. 3r "MX 9 ?51 ? nd See! \ 10c. GO. : TH1NC IN * 5Sj ^ A/are, Stationery, its, Crepe Paper, 3plies, Pictures, is Combs, ons, Novelties, etc. ^ er than $1.00 everybody., art House. rested in Ladies' Fine as handsome and seafound. We mention \utohav5 known so fame to lovers of good Denver, Chilton, Nifty, and toe , of the differcomfort and style and i re are the straighter n full range of sizes, f tsbemuch worn, and Jso the College Boot, thinj?. Good substann's lihoe but soft and rs. Pri cg $3 50 and the line over.