University of South Carolina Libraries
NOT OFFICERS OF THE STATE. Lyon's Opinion as to Life Trustees of Clemson-Opinion Asked by Legislature. Columbia, Jan. 15.-"It is my opin ion that the self-perpetuating trustees, seven in number, appointed under the will of the late Thomas G. Clemson, are not creatures or officers of the State, and hold their positions sep arately and independently of any au thority derived from the State; that the State has agreed to the existence of the said seven trustees, as provided for in said will, and can in no manner confer their duties, or authority upon any other person or persons whom soever, nor can it in any wise abridge the duties laid upon said seven trus tees as provided for in said will. And further, that the State has no author ity to increase the whole number of the board of trustees to more than thirteen, nor to choose more than six of that number to especially represent the interests of the State. The State ean not, therefore, acquire the right to eledt all the trustees," is the opinion of Attorney General Lyon, transmitted to the legislature today, in response oo their resolution asking him to look isto the question, whether the life trustees of Clemson college are offi eors of the State or not. Gov'ernor Blease laid this matter be fore the general assembly last year, in his message referring to several State officials holding, as he claimed, two State offices. The opinion of the at torney general in full follows: f ^ Opinion in Full. To the general assembly of the State of South Carolina: Responding to your concurrent res olution No. 297, acts of 1911, page 452, requesting this office "to investigate and report to the next session of the general assembly the legality of the l State acquiring such control, as will enable the general assembly to elect all the trustees of Clemson Agricul tural college," I respectfully report: I The preamble of the will of the late Thomas G. Clemson clearly shows that it was his intention to establish an agricultural college upon the Fort Hill place, a tract of land owned by him, and to have it perpetuated un der the terms and conditions set forth in his will. Referring to the institu tion he had in mind, he says in the~ preamble of said will "this institution I desire to be under the control and management of a board of trustees, a part of whom are hereinafter ap pointed." .And it is further provided in Item 1 of said will, that Fort Hill shall be given in his executor "in trust; that whenever the State of South Carolina may accept said pro perty as a donation from me for the purpose of thereupon foundiag an ag-I ricultural college Is ac'cordance with the views I have hereit'before ex pressed, of which the chief justice of~ South Carolina shall be judge, thEn my executor shall execute a deed ot said propert'y to the said State and turn over to the same all property hereinafter given as an endowment to Chest Pains and Sprains Sloan's Liniment is an ex cellent remedy for chest and throat affections. It quickly relieves congestion and in flammation. A few drops in water used as a gargle is antiseptic and healing. Here's Proof " I have used Sloan's Liniment for years and can testify to its wonderful efficiency. I have used it for sore throat, croup, lame back and rheumatism and in every case it gave irstant relief." REBECCA JANE ISAACS, Lucy, Kentucky. is excellent for sprains and bruises. It .stops the pain at c'nce and reduces swell ing very quickly. Sold by all dealers. P,'ice, 250., 50c., $1.00 - Sloan's - Treatise Horse sent free. Dr. ' e Earl S. Sloan said institution to be held as such bN the said State so long as it in good faith devotes said property to the pur poses of the donation." Original Life Tru. tees. In Item 2 it is provided that "the following named gentlemen, sevcn ir number, shall be seven of the board of trustees, to wit: R. W. Simpson, D. K Norris, M. L. Donaldson, R. E. Bow an, B. R. Tillman, J. E. Wannamakei and J. E. Bradley, and the State, if i1 accepts the donation, shall never in crease the board of trustees to a num ber greater than thirteen in all, not shall the duties of said board be tak en away or conferred unon any othei man or body of men. T 3 seven trus tees appointed by me above shall al ways have the right and the power i; hereby given them and their succes sors, which right the legislature shal] never take away, or abridge, to fill all vacancies which may occur in theii number by death, resignation, refusal to act or otherwise. But the legisla ture may provide, as it sees proper foi the appointment or re-election of the other six trustees, if it accepts the do nation. . ."1 In the third item of his will the testator directs that in case the State shall fail to accept and carry into ef fect the donation according to the terms of the will, the seven trustees named by him shall establish the school or college provided for in the will. This direction is given in the following language: In Case of Rejection. "Item 3. Should the three years ex pire without the State accepting the donation, in manner as hereinbefore provided, and if accepted at the es. piration of three years from my death no practical. beginning has been made to carry into effect the purposes of the donation, or if before the three years expires the legislature shall re fuse to accept said donation, then the donation to the State is hereby revok ed, and my executor shall execute his trast by conveying the said Fort Hill place, and the accumulated fund arising therefrom, together with all other property real and personal here inafter disposed of and intended to be fliven to the said agricultural college as an endowment, to the seven trus tees named above, or their successors, who shall erect upon the Fort Hill place such a school or college for the youth of South Carolina, as in their judgment will be for the best inter est, provided that said school or col lege shall be for the 'benefit of the ag ricultural and mechanical classes prin ipally, .and shall be free of cost to the pupils, as far as the means derived from the endowment hereinafter pro vided, and the use of the land may permit. . . . In due time the legislature of the State .passed an act, which was duly approvied by the governor on the 27th day of Novemnber, 1889, whereby it was enacted "That the State of South Carolina hereby expressly declares that it accepts the devise and bequest of Thomas G. Clemson, subject to the terms and conditions set forth in his said will and testament. . . ."And proceeded to make further enactments establishing Clemson Agricultural col lege of South Carolina and providing for its control and management coni si'itent and in accordance with th. terms and conditions of the will of the said late Thomas G. Clemson. Legally Accepted. That in accordance with the provis ions of said will the chief justice of the State of South Carolina did ad judge that the State of South Carolina has accepted the said donation under the terms and conditions of said will. The following was the finding and judgment of the chief justice: "Columbia, S. C., Supreme Court Room, December 6, '89: It having been referred to me as chief justice State by R. W. Simpson, executor of the will of the late Thomas G. Clem son, deceased, under the provisions 01 said will whether or not this State had accepted the dev'ice and bequest there. I have this to state: "Whereas the general assembly of this State at its last session passed an act ertitled 'An act to accept the device and ueQ'lest of T bondis G. Clemson and to establish an Agricul tural college in connection th* in which it is expressly declared thai the State accepts the said devise andi bequest of Thomas G. Clemson sub ject to the terms and conditions sei forth in the last will and testament 01 the said Thcomas G. Clemso!: "Whereas, this act was duly approv ed by the governor of the State on the 27th day of November, 1889,. "Now it is my opinion that this con crrenlt action of the legislature and execttt-:3 departments of the State the State bas accepted said device and becuest of the said Thomas G. Clem son, deceased, suoject to the tjerms and conditions set forth in his last will ant t.:an'M r .T? 1 do declare it Is -fur the act supra constitute acts in t:.e direction practically carrying out the terms and conditions of said will, and within the time limited therein. W. D. Simpson, "Chief Justice of South Carolina.? The above will be found recorded in the office of the secretary of state, Book 6, M., page 549. By the above act of the legislature declaring the State's purpose of ac-1 cepting the donation and carrying out the provisions of the will it obtained possession of the property of the tes tator and made it impossible for the trustees to establish and maintain a college under the provisions of Items 3 of will. "Valid and Binding." In my opinion the acceptance by the State of the real estate and other property under the terms and condi tions of the said will constitutes a contract in all respects vaild and bind ing upon the State, which the State is in honor bound to perform, and which is inviolable under the provi sions of the constitution of this State and of the United States. In the language of the Dartmouth college case, 4 Wheaton, 644, "It is a contract on the faith of which real and personal estate has been convey-1 ed . . it is then a contract within the letter of the constitution .ind within its spirit also . ." The parties to this contract are the State of South Carolina on the one hand, whose interests are now repre sented by her six trustees elected by the legislature under the provis ions of the act establishing the said college, and on the other hand the exe cutor and the seven life trustees pro vided for in the will of the late Thom as G. Clemson; that the seven trus tees hold their positions and derive their authority solely under the terms of the will of the late Thomas G. Clemson, and are charged with main taining and perpetuating the said in stitution according to his plans and purposes, and especially to safeguard and effectuate the purposes declared in said will, while the six trustees al lowed by said will 'to the State of South Carolina hold their positions by permission of said will and under Iauthority of the act of the legislature hereinbefore referred to especially representing the State of South Caro lina as distinguished from the inter ests represented by the seven trustees appointed under said will.. Cooley, Con Line, 7th Edwition, Par 385; 1031 U. S., 5; 16 Wall, 203. It is my opinion that the self-perpe tuating trustees, seven in number, ap pointed under the will of Thonias G. Clemson, are not creatures or officers of the State, and hold their positions separately and independently of any I authority derived from the Stat;e; that I the State ha,s agreed to the existence of the said seven trustees, as provided 1 for in said will, and can in no manner I confer their duties, or authority upon any other persons or persons whom- I soever, nor can it in any wise abridge I the duties laid upon said seven trus- I tees as provided for in said will. And I further, that the State has no au- [ thority to increase thea whole number! of the board of trustees to more than 13, nor to choose more than six of that number to especially represent the in terests of the State. The State can not therefore acquire the right to elect all the trustees. Respectfully submitted, J. Fraser Lyon, Attorney G.eneral. ! "LABEL CASE" CONTINUED. Bichland Court Resumed, Judge Er nest Gary Presiding. Columbia, Jan. 15.-The Richland county court of general -sessions re sumed its work this morning, with Judge Ernest Gary preiding. The election of Judge Wa;ts to the su preme bench necesra nd adjournmeni of the Richland county court until an other judge could be secured, and IJudge Ernest Gary, who was disenf gaged, was assigned to preside. This morning a continuance was granted in the "label" case on motioul of the State. On the State's showing I that one of their witnesses was sick, that Mr. Stevenson's legislative duties would prevent his giving any time to the case, and that Mr. Abney was ab sent from the city on business. Col. P. H. Nelson, of counsel for the de fence, announced that he would not oppose a motion for continuance, pro vided it was marked on the docket as granted on motion of the State. The defendants were ready for trial. Asthma! Asthma! POPHAM'S ASTHMA REMEDY gives instant relief and an absolute cure in all cases of Asthma, Bronchitis, and IHay Fever. Sold by druggists ; mail on receipt of price $I.o. Trial 'ackage by meit 10 e ets. WIl. E. P?EidIAM A S(0 44 ___ .Coprht lvul. ur Neither will nt back nor will it the m)il. If yo1 bank accoun it furnish gris foi ~ ~Aui placed in our sai will grind while - per cent paid on ST ART AN AC( the Newherry OF NEWB] lubi,Nebrr _Luen 1, CA. SOUTHE p1hedule in ofetOtbr6 11 ceuresafci peu e r niae arent aradbn A.h.eL New 3 (B.-Thes .Smte.... a..i.4al 6.2op k gurated. olumb , N.ber & LuetB 8:5 a.Om.-No .scheeInety.. obe 6.1.4p 3.1910 Slespingecar .cewblerr. In ..te .1256p n .20p andGeenvi . Alntn. . .. 15pm2. 3.p 11:0N. .-No. e . Laumtrn.......92.5pm 2.2pm guaraneetodolu - .C.,& W.L. 8:51:3 . ntNo . Greenvill. ....00p5m 12.20pm Charlesato8 . Pspritur.. .4pm 12.20pm 2:45pin m.-o.r v.Nebery.S. A.15L- 2p bato Greeni . Abbinle.. ...55pm 1.02pm 11:505 a. m-No. ] . Larenwoo.....273pm 1.33pm ville to Colui . Greenvs... .. .. 6.05pm 10.30am iCarso 8:e . SAtana..... .. 8.45pm 82.00am 24 .m-o S.C . 54. . bi5.to=reen'-. . Cohbbia.... .. 350pm 1.15am'90p.m-o . Grosperity... .. 6.26pm 9.50am y- etoCl . Atebsr.......6.4pm 90.32am igcrGe . Alntn.... ....5pm 8.44am A C. & W . .. . Coeevbill.. ....9.O0pm 71.00am ~v.Prspeit... .6m 9Sa . Geweroy... ..28a4m 2.38am U U . Aubeill.... ...5am 820am . Athens.. .... .. 5.4am 11.59pmn . Atlanta.. .....7.5am 9.55pm No cat Nos. 52 and 53 arrive and .depart catch 2 >mr Union Station, Columbia, daily, value I d run through between Charleston id Greenville.gaai Nos. 54 and bo arrive and depart Square rvais street, Coluj!wtn .- for yoi pt Sunday, and run through be- ad "I -en Columbia and Greenville. a For information ask agents or write No hou:~ W. J. Craig, P. T. M-, unfair c Wilmington, N. C. since wt .F. Livingston, S A- trolled l Columbia. I. C. I Hones A Fierce Night Alarm. sthe h&oarse, startling cough of a For eve hild, suddenly attacked by croup. Of- full vall n.it aroused Lewis Chamblin, of Man teter, 0., (R. F. D. 2' fcr their four judice y hilren, were greatiy subject'to eroup' with us Sometimes in severe attacks," he vrote, "we avere afraid they would die, ut since we proved what a oertain ~medy Dr. King's New Discovery is, 0 e have no fear. We rely on it for oup and for coughs, colds or any roat or lung trouble.'' So do tho"-' ands of others. So may you. ASthmIIa, Space does y fever, la grippe, whooping cough, rteorrhages fiy ,before it. 50ct and a Tral 'ru,ttIlee. Sold by W. E A 14 TARi A lA JUNT TOMYAY toney spent come furnish grist for i start with it a will continue to he mill and if >ings depar men you sleep.. Four savings accoun. 'OUNT TO-DAY Savings Bank ERRY, S. C. - - - $50,000.00 J. E. NORWOOD, Cashier. 3N RAILWAY. Arrives Charleston 8:15 a. m. Ar - rive Savannah 4:15 a. m. Jack re December 8, 1911. sonville 8:30 a. m. Departures N(ew- Four further information call da y, . C. ticket agents, or E. H. Coapmnan, Y. P. __ & -G. M., Washington, D. C.; 3., L. schedule figures are Meek, A. G. P. A., Atlata, Ga., or F~ ion only and are not L. Jenkins, T. P. A., Augusta, Ga. 15, daily from Co -reenville. Pullman ITCOFATALNTNE between CharlestonTeanuleeigothsac 8, daily, from Green-ofPoprt,SC,wilehlla abia. Arrives Colum- te'ako usa,Fb 3 92 ,Augusta 8:35 P. mn. a 'lc .i. twihtm h 15 p. elcinomircoswl.b ed 7, daily, from Colum rille.suh ohr bsn s trnatda .6, daily, from Green-mycm eoetemeig abia. Pullman sleep-R.TPUH DSFORTESSETHA ANL HERET. ~n o qeeeThe unsualpeed.ing h t oryoronyolr of ale ee aticlBnk tedtrhoe refundnesda Feb.: a3nd12 daeahand evr timec p m,aswhc meth i hnafeerilestio ofrecedors iceshl, n LELLu onaygelethat ousns trauate.a ie n erthcouda e o the iteting. nie antoeo Ch arle . I-2- t bCaswihh.e TH FAR ANDSQUTAN DALLERRE nt pennmthodsotatin"bte sadoe moy ton dea ech devery timae. masmr