The Valley Virginian. [volume] (Staunton, Va.) 1865-1895, 1882-10-05

ginia:
BISHOP wHITTLE'S LETTER.
RICHMOND, VA, 9th Sept, 1882
Hon. W c. Elam, Secretary ofthe Commonwealth Q,
DEAR SIR:-On my return home last night, after
an absence of more than week, found your favor
of the 23d inst, accompanied by the Governors
commission of me Visitor to the Medical Col.
lege of Virginia.
While highly approaching the honor his Excel
lency been pleased to do me, obliged, most
respectfully, to decline the appointment, my minis
terial duties demanding all my time and attention
Sincerely yours &C.,
lSIGNED] FRANCIS M WHITrLF
COL. HARvIE's LETTER,
CHULA DEPOT, VA, Sept 2Sth
10 His ErcelIency, Coz. w. b. Cameron:
am in receipt of your communication of the ODD
inst, enclosing commission Visitor to the
Medical College of Virginia. sincerely regret that
the tenure of that position is Incompatible with the
discharge of other duties Incumbent upon me.
| regret this the more because heartily concur LII
stitution, which should be made to accomplish the
end for which 1t was established, and which, in my
Judgment, 1t has signally failed to do.
Respectfully and truly,
[SIGNEDl LEWIS E. HARvIE.
FURTHER PROCEEDINGS.
On Saturday, the Board re-convened, and
passed various resolutions, among which were res
oiutions authorizing the Board OF Managers of the
Retreat for the sick to continue in possession and
use of the Inhrmary building,-they having been
ordered to surrender 1t by the Faculty Of the Medi
cal College. Also resolution appointing a COM
mittee Of three to make thorough investigation OF
the College, and report. Also resolution provid-
ing for reorganization of the college, including
Encouragement of the Instruction lectures
&C. Also the following:
whereas the present faculty of the Medical Col.
lege OF Virginia refused to recognize this Board
the legally constituted Board of Visitors of the said
college, and have set defiance its authority as the
proper custodian of the of
therefore be 1t
Resotped, LIST, That the Governor Of the State be-
and Is hereby requested to forthwith instruct the
Second Auditor to refuse to pay deliver to
The said faculty or to any of the Board Visit
ors Of said college any of the funds appropria
lions which have been made by the State for the
benefit OF the said institution without the consent
ReSotved, I'd, That copy of these resolutions be
transmitted to the Governor at once by the secre
| tary of this Board.
Adopted.
| The Board then took recess until O'Clock, al
| which time the members Of the faculty bad been
summoned to appear before It,.
| ONE OF THE FACULTY SPEAKS.
We take the following report Of DR.. Manson's re-
marks from the Dispatch
| DR.. o. F. Manson, professor of Physiology and
Pathology, was the only of the faculty that appeared
| In response to the summons from the new Boar d
When questioned by the b ard he said that h
was not present at the meeting of that faculty ot
decided not to admit the new Board of Vsito, =, he
cause he had not been invited to attend nd he
| therefore, did not consider their action "a lawn
one. 1.-The had been present he would ave pro
| tested against the exclusion of the Boa rd Unit
recently the old Board had no secretar = He tad
not been recently summoned to any MT citing of tn
| faculty. " W
The condition of the college, since the death o
Professor L. 5. Joynes, has been one of gradual de-
cline, the number of students dimJ nishing gradu
ally.
DR.. ]. B. NcCaw succeeded DR., .Jovnes 40 dam q
the faculty. He received the fees of tbe PROFESSOR
and the State appropriations, and has never rem
o t any detailed account thereof presented
no
FACULTY or the State Auditor. From time to time he
mas paid each professor such amodnts as he chose
10 ulstrlpute Since he has been dean the meetings
of the faculty have been very irregularly called
Ihe Doctor stated that he did not mean to insnuate
mat the dean had msapplitd the funds Of the col
iege: he really did not know anything in regard to
the disbursement of the funds except in a few In.
stances, as the Dean made no report of the expen-
u1tures. The Doctor said he was called TO appear
before committees of tie Legislature and there
stated the facts before recited On being asked If
ne thought reorganization of the Board would
10 soou ana college, he said yes because
some of the Board were old men-the president Of
the Board himself benlg disabled by age from dis
GHargine the duties devOlv1ng upon him. The old
Board had been organized in such a manner as TO
place u under the COL troll of one man. that Profess
sol .. =. "ellIord h3d often stated that he had
SuInclent number uf relatives and connections on
the Board to control its action.
nv, IN tne night o. the last commencement Dr. Lewis
wheat, VINO was Or. Manson's assistant, and ap-
pointed unanimously by the faculty, was not per
tted TO go upon the stage for the purpose Of pre-
sent1ng prize microscope W hich had been awarded
ny ": Manson TO one of the graduates for profile
lency IN his branch because the following reasons
JUST befofe the exercises commenced, the orator
having already gone upon the STAGE several of the
professors had collected side Of the stage and
DecKoned 70 Dr.. Manson to come toward them The
D@an lDr. McCaW) then informed DR.. Manson that
the members OF the faculty around him had deter
mined that DR.. Wheat should not appear on the
oage 70 present the the ground that he
az seaaJuster ana lobbyist; whereupon DR.. Wheat
left the building. Dr. Msnson said he regarded this
as gross ana uncalledfor indigniy to him and his
assistant. DR.. James afterwards presented the
prize. -
After hearing Dr.. Nanson's statement the Board
freely exonerated him for any participation in the
hegal proceedings of the day before, and adjourn
co subject to call the Pre- iden the adoption
of the following resolution:
WAeneas 1t Appearing to the Board that copies OF
tAe preaIMpie and resolutions adopted on yesterday
nave peen duly served all of the professors OF
me medical College of Virginia; and where allo
tne salo professors have failed to appear and re-
spond 10 the said resolutions, saying and excepting
Dr. " Il. Manson and whereas. In the opinion Of
oes Ior the interests and future welfare Of this in
stuV1on that the further consideration Of this mat
Ter pc postponed to some future date therefore be
IceSotued, That the consideration of the matter o
the removal Of the said professors of the said col
leee be, and is hereby, continued until the mex
lneetlng Of this Board.
ATTORNEY L uoP1N1oN
The following is he opinion Of the Alto rney Gen
eral:
At ToRNEY-GFNERAI. 3 OFFICE
RICHMOND, IA, Septe mber 1s, 1852.
10 His Erre1ency JViN5ana b. Chtnteron, Gouerno
| have been asked by you whether, in my opinion
as the lawo11cer OF this Commonwealth, your Elk
celency has the power vaclte the Visitors OF tn
| Medical College of Virginia, at Richmond, and L
substitute others OF themselves In their STEAD
have devoted to tho consideration OF this most i'm
poftant question all the time that have been abb
| TO spare from tho ordinary routine OF my o1lieia
business conclude, ;ften 20 paalent ana IN Ihoi
ough investigation OF both reason ana authority
that you have the, power TO remove, either with O
without cause. There limitation or fest ictio
| ny The cndfter power flShJ OF f6MoV
ny an act or the General Assembly OF Virginia O.
acted 23d February 1861 found in Session Act
1858 and 54 this medical college was incorpor Ito
ana find no intervening legislation that mate rial
| alters the power conferred by tnat charter.
me cha ter Itself ena cts that your Excel .ency
invested with the powf FIJI va" ncies, I'd as Il
decisive question In ais case, no tenure Office
sihla, they nave lT vested rights othW than tn
which rests With u the discretion OF your Exec
t tency Whefe no term of office Is pre- scribed, tn
Term depends a. Jon the sound legal executive d1
power.
The powerf hat makes can unmaf Q, and the ru
OF law Is th i unless the appointing power is r
Stlcteu s"P removal for cause tina that appo1ntf1
iegai dina the right Of removal within its sour
.3sai ulsc elton. This doctrine has been held rro
, uatas of organization OF courts ana the electlt
a. a s.aP 1ntment Of men to public II usts proce
~ IPh@ to office vi termei carries with IL u
$50 ,ssU removal when the tenure OF ONCE Is IL
ptq lbed by law This seems to De crystaiize
Ra% with the bar, an d has received the 1udlcl
oatW ton Of both Federal and tate courts lnnum
o'Is Interesting cases.
would be a solecism that the appointing pow
~ wing made an appointment could not remove In
= ppo1ntee for cause. suppose man were none
oday, and he were appointed, ana were 10 prov
dishonest Tomorrow eau 1T be said as legal pro-
osition that becausehe was appointed for an inde
mite tenure of office that therefore he places hin
self beyond the power OF removal?
My illustration does not apply to this case, Decaus
1 know nothing OF the facts connected thefeW1tl
but is merely illustrative of the legal prorostto
THAT seeking to eIuc1date But II must be born
In mind that you not merely c1rcumscrlbed
the language of the charter, but that Inc colleg
being an Incorporated institution, 1t subject to a
the provisions and requirements that are exacte
from joint stock companies a I'd interpretations.
Being body polite, this medical college is amer
able to all exactions and requirements impose
upon any other aggregation OF 1ndlvlduais asse
ciated for common purpose. Inc Coue o! Virgin
expressly empowers the appointing authority l
corporations or Joint stock companies 10 remove
president and directory at ibttnm. The board
Visitors of this colfege susans the same relation
ship to the law that other interpretations do and
decessor had the power to Destow an appointment
that the right would follow as the shado'
the substance.
But without waving the foregoing consideration
1t will be seen by sections 20 and d. chapter 81 Cod
of 1873 prescribing the duties OF colleges and acao
emieS t.nd visitors or trustees thereon, that Suc
college shall annually before the 1st day OF Octobe
make report to the Second Auditor, showing IN
condition of such college, the state of its funds tn
amount of Its revenue and the sources whence de
rived, its accommodation for and the number OF III
teachers and pupils Its fees oftuitlon and branche
| of learning taught in. the institution.
Section 81 Of this prescrtbeS that no Such re
port is made from such college which receives al.
| portion of the revenue OF the Lit arary Fund, &c