Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1854-03-14
nIcsMOYD MEDICAL COLLEGE.


could do consistently with what deem my public duty
Two OF The Faculty, who seeking the passage Of the
BILL were my school mates and although have met bu
seldom SINCE there halo about the aCquain O
boyhood and youth which loses none of ts warmth OF
brightness from the fact that the cold experience Of
years may have chilled the heart repesscd It's young and
gushing suscepti6iiitea. CoulI be swervcd from tho line
OF public duty by personal predictions, should favor tho
bill before us but stern conviction of the right Of tho
compes ME 10 oppose II.
regard the bill, Mr. President as In conflict with the
10Th section oil the lst article OF The Constitution Of The
Uni!ed Satcs which declares that mo State shall pass any
Law mpeirine the obligation of contracts" regard it
conflicting In like with the 18th section OF thu 18th
article OF The Constitution of Virginia. which provides that
he General Assembly shall not any law impariIg the
obligation Of contracts and believe that by lis passage
should usup The powers and invade the province of
Judiciary when both the Bill of Rights the Constitution
declare that 1.-THE Legislature Executive and Judiciary De-
parmenls OF this government shall be separate and distinct
that neither shall exercise the powers properly belonging
10 either Of the others"
The propositions which shall endeavor 10 maintain are
let That the bill mpars the obligation of the contract OF
the charter OF Humpdeu Sidney ITSELF ID That it mpairs
the obligation c. the contracts embodied in The deeds by
which the loans the Medical Faculty OF Hampden Sidney
College secured. 3d. That mpalrs the obligation Of
The bonds which the members Of the Faculty have given
personal security for those oansi and 4h. That lie legal
questions 10 which gives rice solely within The Hrls.
diction of The Judiciary.
It will not be denied, presume, Mr. President that
Hampten Sidney College was in its inception. private
corporation II was incorporated in the year 1888, al the
Instance OF the trustees OF an academy in the county OF
Prince Edward who sought 10 their school into
college or university. Inc lunds OF tnat academy were
wholly private funds and the Legislature In the act CT In
corporation made endowment OF the college. Hampton
Sidney therefore, however public the objects Of the college
may be- however much its operations rebound 10 the
benefit of the public 10 the education Of The youth Of the
country il private corporations and hence It's charter Is
contract between The Stale hand and the trustees Of
Hampton Sidney and their in office the other.
1t 10 contract by which the State bound itself TO vest and
continue certain privileges md franchises in the trustees in
consideration Of The private property and services devoted
by them 10 the cause Of education.
The next question 10 be considered is whether the loans
made by tho Legislature to the medicu department of
Hampden Sidney College, have converted II into public
corporation or given the Legislature control over IT, IL is
an ancient and long established principle OF aw, that oil
foundations cndowmcnts subsequent institution of
corpuraton sub TO the rules Of the old foundation
to which they added. When gift or endowment or
loan is made by the public authority private corpora
on the original character Of the corporation Is
changed than in the sco gift endowment or loan BY
individual 10 public corporation. In each case. The gift
endowment is 10 be governed and managed by the rules
Of the original foundation special contract CT
the donor gantur Indeed in the absence OF all the de-
cisions this point, would perceive that
loan the medical department Of Hampdcn Sdnay Col
ege could into public corporation subject
the control of the Legislature unless the consent OF the
college had been obane and such consent has never even
been required by the Legislature.
The acts then, which authorised the loans 10 the medical
department of Hampden Sidney College have left it, US it
when 1t first sprGng into existence under It's charter
private corporation.
mcdIca department Of Hampden Sidney College at kicf
mond ia legally existing department Of that College /
shall 20 Of my way sir 10 enquire with how little
grace any doubt the legal existence OF that department
of HamDden Sidney comes for the first time, from the adj
vocacs Of The professors composing The Faculty. If no
from the professors themselves The charter OF Hainpden
Sidney certainly regarded BY their predecessors as sum
GENTLY comprehensive 10 warran. her establishing medical
department herci otherwise, presume, they woGI never
have been guilty Of The Improperly OF aeElng IT, The rs
dean of the Faculty aud perhaps the most distlhsusacd Of
their the most prominent IN the &c.
abshmen OF this department Of dinpdcn Sidney iate
amened Dr. Warner in his propositions TO the Board Of
Trustees not only conlcnded that lampden Sidney had
] tU medical
authority for his opoIon He cited the cases OF Rutgers
College, New Jersey, which had established medcn DC
MIA which had established medical department 10 BIN
more and of Jefferson College in Cannonsb'g which Rad
established medical department IN phaaepa H. tnacco
Mr. President the whole prayer Of the petllon by The pr
drccssors the present Faculty 10 amrden Sidney Col
ege proceeed ground, that she had an ndublabe
right create such Department. and the present position
of tho Faculty their advocates, amounts TO reputation
Of the position Of their predecessors to remuneration Of
their corporate maternity an aonegat0n OF heir own L.
gal creation 10 assertion Of thei: own noncnli!y as
Before going into the discussion of this question would
remark that even Hampten SdHcy had Gdet her
powers establishment CT medical department in Rich.
ond It would not be matter for the Legislature TO decide
That question IL eminenty and solely within tho province oil
another department of tho governmental question for The
investigation OF Ie Judicial authorities Of the State As lar
as we arc concerned nave any power IL he premises sc
cannot look farther than existence Of medical depart
men, Of Hnmpden Sidney de acso" It Is the part Of the ju
aicsry say what The law is or what II was Tho Legis
aturc only say what II shall be. 49,
But contend thu. The medical faculty OF Hampton SD
ney College is not noneplty contend, Mr.. President
that the powers conferred Hampton Sidney ny her char
ter sufficiently broad aulhoriic The establishment OF
medical college in This city Tho charter authorizes her to
teach all branches of useiu knowledge" Tie scope OF this
3ower cannot be affected By the location Of the college In the
county Prince Edward The substance OF the grant The
power teach all branches OF uaefu and The oca
lion of the college Is mere incident OF The corporation which
must be located somewhere The corporation Is located In
Prince Edward but The power 10 teach all branches OF use
fu knowledge is located there Ii is an abstract emily
the body corporate, and no more
locat Prince Edward Than HE 10 make contracts
or the power and be sued, is located there None
presume would deny the power OF the trustees 10 MAKE
contracts In this city or bring suit here Unless there
FORE be denied that medicine Is branch OF useful know
ledge Hampden Sidney hada right 10 teach IT, ADD Tor 10 c
purpose Of teaching IT, TO establish medical department.! IN
Richmond, any where elso within the dominion Of 'e
State
But II any we'll grounded doubt existed, hir. Pres
dent the legality OF the establishment oil the meaica
department of Hnmpden Sidney, that doubt was totally re
moved by the frequent recoenions OF liz establishment and
legal existence by the Legislature In the passage OF scs
making louns "the medical department. OF Hampton SD
ney leo NOMINEE" BY tho acts Of the 9Th February sa4
and the 2Oh February 1915 the Legislature authorised loans
to 'rhe medical department OF Hampton Sidney College,
Contracts been since made with In that capacity;
vested rights have ariscn in opposite parties under the n.y.
pothesis of its legal existence the PRESIDENT end
Directors Of the literary fund have been directed oy
acts Of assembly treat and contract with II as legal
existing department of Eampdtn SdneT and tor me L.
gisaurc this ete day. declare that haa no legal eSs-
tencc would be fraud upon The literary nn iauu upon
the commonwealth, fraud upon every student VINO has re-
ceved diploma under its auspices and fraud upon Tue
trustees of Hampton Sidney who if they ever doubted Tie
legality this exercise OF their powers had every reason
regard as legal and valid after It's repeated sanction oy
the Legislature am happy Mr. President; 10 be endorse
this conclusion by the opinion OF ono oil The distinguish
lawyers the benefit OF whose valuable services inc facn
~ ay had their controversy with The trustees oil inc
college, In hs published opinion, page Is, Nh George ~
Johnson says: Pehnps the legal existence oil tho medical
college at Richmond authorised branch or department
of Hampton Sidney may be regarded recognised or es1ao
lIshed BY the various Of assembly above mentioned.
passed in favor OF that department or its Faculty And
though that question may be altogether free from doubt
am strongly inclined the opinion hat sach their ct-
feet especially when is considered that the as oil me
medical college had BEEN before the OF these acta
several brought the notice Of the Les ature by The
pe,ons of s faculty. and committees OF that
BODY had enGulrcd Into It's condition"
The medical department Of Eampdcn Sidney Is, ,hon,
Mr. President lawful department OF that Coegei and the
loans made by the Legislature to that department have not
changed tho character Of The corporations but as It was In
lis inception il s now private corporation, not amena.
b!e nor subject to The control Of the Legislature
I, has often been decided sir that the charters OF private
corroratiors are within the meaning of that clause Of
the Constitution tho United States, which orbds tate
10 pass any law "nparng The obligation OF contracts
They are Of within The meaning OF the similar clause
In our Constitution. Does not the bill unds! discus