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RMES THOSE HOLDING
TWO STATE POSITIONS
NAXE OF SENATOR TILLMAN
HEADS BLEASE LIST.
etter Sent to Committee Appointed
to Investigate Violation of State
Governor Coleman L. Blease, in al
letter to the committee appointed to
nvesitigate the holding of two posi
ons of "profit or trust," names those
he considers are "openly violat
the letter and spirit of our State1
stitution." Heading the list given
the committee in Governor Blease's
ter is the Hon. BenJan.in Ryan Till
n, senior senator from South Caro
a, who as also a trustee of Clemson.
e committee, consisting of two
embers of the senate and three from
e house, will get to work immediate
under the concurrent resolution
. g them to investigate theI
charges brought by G6vernor Blease.
. Mr. Mauldin said that theqcomit
tee will bgin its) ivgestigaton of
the governor's charges as soon as the
letter is officially received. The com
mittee, which was appointed in con
nance with a resolution passed Jan
ry 30, consists of five members, two
from the senace and three from the
house. The members, besides Sena
jor Mauldin, aze Senator LeGrand
Wailker, of Geogetown, T. P. Brown,
of Florence, George .S. Mower, of New
e1wry, and F. B. Gary.,.
The Governor's Letter.
The following is the letter of Gov.
e which he addressed to Senator
of the 2nd instant received.
ly will state that I am in
rormed that the Hon. B. R. Tillman is
a jnited States senator and trusteel
of Clemson and Wilthrop colleges.
"'That the Hon. Francis H. Weston
-a State senator and trustee of the i
University of South Carolina. 3
"That the Hon. John G. Richards is I
a railroad commissioner and trustee
of Clemson college.
"That the Hon. Alan Johnstone is I
a State senator, a trustee of Clemson<
eollege and president of the board of
trustees of Clemson college.
"That the Hon. D. J. Bradham is a
trustee of the colored college and a
"That the Hon. D. W. McLa.urin is
land agent of the sinking fund and
trustee of Winthrop callege.
"At the time .of the message you
speakt of in your letter, the Hon. Hart
,well M. Ayer was a menmber of the
house of representatives and a trus
tee oIf the State reformatory.
"The Hon. L. M. Gasque was a
member of the house of representa-K
tves and a member 'of the board of>
fish commission for South Carolina.
''There may be others; I have nc:
taken the pains to look the matter up.
These 'have been called to my atten
tion and believing that each of the
positions 'held by them, respectively,
came within the meaning of the State
constitution, I sent -in the message'
"Article 3, section 24, of the consti
tution of 1895 reads:
"'No person shall be eligible to a
seat in the general assenmbly while he
holds any office or position of profit
or trust under this State, the UTnited
States of America, or any of them, or
under any other power, etc.'
"If the trustees of a college that'
handles hundreds of thousands of dol
ars, and by his vote 'may expend th'e
same, is not a position, I am at a loss
to know the meaning of the word. If a
railroad commissioner or a United
States senator is not 'an office, I am
~'The 'onstitutioni says 'or under any
4 tler power.' Cain a man hold an office
or position without it being under
some power? Is a man's will, donat
ing large amounts of money, to be held;
in trust for certain purposes, a pow
er; and, is not one of the trustees;
holding a position of trust?
"The supreme court of this State, in
the c2se of Hopkins against Clemson
college, holds that the board of trus
tees are State officeErs and holds that,
for that reason, they can not be sued,
and dismissed Hopkins' complaint.
That question is now before the su
preme court of the United States.
"If your committee holds that these
men are not State officers, then I sub
mit that the general assembly should
pass an act, allowing these men to
bring their suit. While I think there;
is no mnerit in their claimi, yet if the'
supreme court is wrong these men.
should have a right to a trial by a;
"Article 2, section 2, of the conlSii
-''But no person shall hold two of
fices of honor or profit at the same
Repeats His Charges.
"T is needless for me to rep eat that
c.+riied that all of the gen
tlemen na:ned are opeinly violating thE
letter and the spirit of our State'
constituton. Others may differ witt
me. This is my construction of thE
law and I felt that it was my duty
under my oath, to see that the consti
tution and laws of my State are up
held, to call the matte-- to the atten
Lion of the general assembly.
"Personally, I have absolutely nc
interest in the matter. I hold thE
highest office within the gift of thE
people of my State. I am neither en
vious or jealous of any man and I
thank God that I hold in my heart nc
malice. Many of those gentlemen arE
my personal and political friends and
[ would be pleased to see them hold
is many positions as they can obtain
[f it is not in violation of the law.
"There may be others violating this
ame section of the constitution. If
[ knew of it, I would be pleased tc
,ive you the names, as your commit
,ee requests. If I learn of any othere
he information shall be furnsihed you.
"I have the honor to be,
"Cole L. Blease,
"P. S.-Since writing the above, I
iave been informd that W. W. Brad
.oy is private secretary to Congress
nan Aiken and also trustee of Clem
on college, and that Mr. Rawl, who
iolds a position under the United
3ttes, in the city of Wasbington, D.
is also a trustee of Clemson coa
"The law says "office of positior:"
tnd I call these to your attention."
Error as to Weston.
Governor Blease made an error in
he portion of his letter to the invesli
pating committee, referring to Sen'at>r
:rancis H. Weston, who is not a trus
:ee of the University of South Car
Aina. He was at one time, but follow
ng the adoption of the State constitu
ion he resigned, under the very con
,truction of that instrument the gcv
.rnor now seeks to enforce. Senalor
ieston was very much surprised -.o
21ght "When informed that he was
lamed in the governor's letter.
Governor Blease sent another let ter
D the investigatipg committee, car
-ecting the error about Senlator Fran
s H. Weston.
* * * * * * * * * * * ** * :~*
THE STATE PR~ESS ON TWO *
* * * * * * * * * * * * * * *
A Correct Powtion.
That one of the messages of the
~oierno&r directing attention to the
~iolatio.ns of the law 'by persons hold
nfg mfore than one office or position
mder 'the State or the United States
leserves to be commended. For years,
nany years, The State has from time
o time insisted that the spirit and
he lettei' of the State constitution
hould be carried out and the gover
aor echoes in his message a criticisne
hat has been aime~d with justice at
more than one South Carolinian of
In some of the cases, the duality of
ffic -holding is in doubt, some ques
ion remaining as to whether both of
ies held are of the nature conitem
plated in the language of the constitu
ion. In others, there is no doubt
that the law is violated and as to them
he :law shouild be 'enforced.
The wisdom of the savleepin~g inhibi
ion of the constitution is not here
liscussed. The amendmnent proposed
i the pending school law which
wouad enable members of the legisla
ture, for instance, to be school trus
ees, is fortified by strong argumen.ts,
but, until the constitution is amend
ed, it should be obeyed. To that prop
osition, there is but one side.
Rock Hill Record.
-There is no doubt about Go.verno1
Blease being right, in his "muessage
No. 7," that there are many violating
the constitution of this State by hold'
ng two offices of trust or honor. W(
hope the liegislature will c'orrect this
evil, but it is a bet that nothing will
Message No. 7.
It gives us pleasure to be able tt
announce that at last Governor Bleasa
has sent to the general ass embly
message in which we can fiin. n<
fault, either as to the subject mat
ter or manner of handling. We ref e
to the message of last Saturday witi
referenc :to obedience to the constitu
'on and laws of the State.
The suggestion has been made tha
the message referred to is p)urely po
l:.eal, for the purpose of evening u]
with a political opponent in the gor
ernor's own county; but with this w
have nothing to do. It is ours oni:
to consider the paper on its merits a
a message fromt the governor of Sout]
Carolina to the general ssembly c
South CarolEna, and beyond that w
a re ncnerned.
with that co:
formed on a
thing for noI
has ample ce
and is ope
lines, is entil
fact that Th
years held it
has not lost
ing: With t
large. It m
erate size th
such an ins
its first thou;
titled to ac<
You are co
Juc.a M. Kinard, President. 4
State U-cials Vo1hillr Constitation.
Gov. Blease's message calling the at
tention of the law makers to the mat
ter of State officials holding two of
fices at -the sam'e time is timely. For
instance, Senator Tillman is a Clem
son college trustee and State Senator
Johnstone, of Newberry, is chairman
of the Clemson board. As the gover
nor says when the State officials vio
late the constitution how can they ex
pect the rank and file of the people to
observe the laws. They should set
examples in this m3atte,.
Timely and Proper.
The Record opposed Governor
Blease's election ecn principle, but We
shall not hesitate to give him credit
for whatever he do:es or tries to do
that in our opinion is wise or just or
deserving of commendation. We re
gard as timely a:d proper his mes
sage to the general asembly calling
attenetion to certafn men holding high
office who are holAing other offices in
violation of the letter and the spirit
of the constitutia of South. Carolina,
which plainly inhibits anyone holding
more than one office of honor and
trust. Among those who have violat
ed this clause of the constitution are
United States Senator B. R. Tillman,
State Senator Alan Johnstone, of
Newberry, and Railroad Commission
er John G. Ri6hards.
College Trustees as "Officers."
Under this caption, the Newberry
Observer -has a splendid editorial. It
"We do not beliewe that the State
constitution ever- intended to prevent
a public -officer from seirving on the
board of trustees of a State college.
Talke the case of trustee of Clemson,
for instance: The Clemson bequest,
with its provisions for life trustees,
had been accepted before the consti
tution was adopted, and o.f coursikwas
accepted with the provision in it.
"If the constitutional convention
had been so very diesirous of keeping
public officers off these boards, why
in 'he name of common sense did it
provide that the governor, the State
supentendent. of !education and two
mebers of the legislature, viz., the
Ichairman of the educational commit
tees in the 'house and senate respelc
ively, should be members of these
"We are no lawyer, and therefore
do not undertake to go into a learn
ed cntitutional argument; but that
is the -way it strikes ns.
"And another thinmg that strikes us
is that there is a good deal of per
sonal and political spite an4 preju
dice at the bottom of the whole busi
We think the Observer has inter
preted the la'N correctly, and that it
has given the right explanation as to
the cau2se of the agitation that has
been going on. There is nothing morc
to be said on the subject.
TRAGEDY IN GREENVILLE.
Robert MlcAbee Dead, Lee Hollanld
Perhaps Fatally Wounded.
Gkeenvill'e, Feb. 4.-In a pitched
battle tonight, on a public highway,
between a posse, headed by L.ee Hol
land, intendant of thie'village of Maul
din, six miles 'below Greenville, and
Robert McAbee and his son, Will, of
Enoree, Spartanbu1.rg county, Robert
McAbee was shot dead and Lee Hol
land probably fa.tally wounded.
According 'to the ac'count of the
killing, told by Sheriff Poole, of this
county, McAbee and his son left
Enoree Satu'rday mo'rning to spend
ie night with Thomas Fowler, who
lives, near Mauldin. -About a mile
above the village the two met a 'white
man in the roa;d, one Thompson, and
fired five times at him, none of the
shots taking effect. The incident pass
ed and father and son drove into
Mauldin. In passing th.rough the vil
lage McAbee fired a pistol ball
through both wall's of a store conduct
ed by Lee Holland and fired up the
road with his son. Holland .orgamlz
d a posse and started out to arrest
McAbe and hs son.
Despite the fact that 'he was shot
through the breast Holland placed the
younger McAbee under arrest and con
~ucted him back to Mau'ldin, where
he held him until Sheriff Poole ar
I ived, about 11 o'clock.
The sheriff brought young McAbee
back to Greenville, and he 'now rests
in the county jail. The older McAbee
les, a corpse, in ,the public highway
this side of the village of Mauldin,
aawiting the coroner's inquest.
G;ICHESTER S PILLS
Ta " naN GRA..
L- ised L 3 yo-w )fdrmist, for
d G:i-cha-ter iuod yor:
-, Pi tl in Re fn o ld I m1e.tFl i
DIA OND BRAND! PILLS, for rzo
W yerrs kown s IBest, Safest. Always ReliaMse
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