The daily dispatch. [volume] (Richmond [Va.]) 1850-1884, 1882-10-01

ana Occkoned TO DIR. Manson TO come to-
ward them. The Dean Or. McCaw) then
informed DR.. Manson that the men,
bers OF the faculty around him
had determined that DR.. Wheat
should not appear on the stage 10 present
the prize, on the ground that he was Re
adluster and lobbyist; whereupon DR..
Wheat left the building. DR.. Manson said
ne regarded this as gross and mcalled-
Tor indignity to him and his assistant DR..
Jaines aiterward presented the prize.
FREELY Ex0yERATED.
The following resolution was passed:
Whereas DR.. D. +. Manson, one OF the
members OF the present faculty OF the
Medical College OF Virginia, has this day
! appeared before this Board in response to
The resolution passed and served upon him
this day; and whereas he dsclaims any
knowledge Of or participation in the Illegal
action OF Professors McCaw and Wexford,
claiming TO represent the faculty OF said
college, and fully recognizes the legal au-
thority OF this Board. and has kindly and
courteously furnished this Board with such
information in regard to the affairs OF the
sald institution as is in his possession,
therefore be it
ReSOIUed. That the said DR.. o. f. Man.
son be, and is hereby, fully eXoneratcd from
any responsibility on account OF the action
OF the said professors in resisting the au-
thOrity Of this Board.
The following was also adopted:
Whereas it appearing TO the Board that
copies OF the preamble and resolutions
adopted on yesterday have been duly served
upon all Of the professors OF the Medical
College OF Virginia; and whereas all OF the
said professors have failed 10 appear and
respond to the said resolutions, saving and
excepting Or. D. +. Manson; and whereas,
in the opinion Of this Board, it appears
under existing circumstances best for the
interest and future welfare OF this institu-
tion that the further consideration OF this
matter be postponed to some future date;
therefore be it
ResOired, That the consideration OF the
matter Of the removal OF the said professors
OF the said college be, and is hereby, con-
tinued until the next meeting OF this
Board.
The Board by formal resolution thanked
Mr.. Ford for the free Use of the room in
which the sessions had been held.
A resolution to adjourn subject to the
call Of the president OF the Board was
passed at O'Clock u. VI.
ATTORNEY-GINERAL's OPINION.
The following Is the opinion Of the At
torncy-Gencral
ATTORNEY-GENERAL's OFFICE, J
! RICHMOND, VA, september IS. 1882.
To lis ErceUency william Il. Cameron,
Governor Of Virginia;
have been asked by you whether, in
my opinion as the law-oficer Of this Com
monwcalth, your l'Xcclcncy has the pow
cr 10 vacate the Visitors OF the Medical
College Of Virginia, at Richmond, and TO
substitute others or themselves in their
stead. have devoted 20 the consideration
Of this most important question all the time
that | have been able to spare from the
ordinary routine OF my official business.
! conclude. after patient and most thor
ouch investigation Of both reason and aU-
thoritv, that YOU have the power to remove,
either with or without cause. There Is nc
limitation or restriction by the charter upon
vour mower OF right OF removal. by AN act
Of the General Assembly Of Virginia en-
acted 23d February, 1854, found in Session
Acts OF 1853 and 81, this medical college
was incorporated, and | find no interycn
ing LEGISLATION that materially alters tho
powcr conferred by that charter.
The charter itself cnactS that your EX
colcncy is invested with the power to fill al
vacancies, and as the decisive question IL
th,s case. no tenure OF office is fixed for The
Visitors OF the Medical College OF Virginia
thcy have no vested rights other than tia
which rest. within the discretion OF You
FXccllcncv. Where no term OF Once 4
nrcscribcd. that term depends upon TN
sound LEGAL executive discretion Of YOU
Fycellency. who is the appointing power
: The mower that makes can unnakc, an'
tbo rule OF law is that unless the appoint
inc mower is restricted to removal 10
caIIse that that appointing power has IN
= RIGHT OF removal within IT. sound legl
discretion. This doctrine has been hcl'
from the date OF organization OF court
and the election and appointment OF me-
I "a nubic trusts. A process 10 appolht |
! oGicr er ri ferrnini carries with it the rlgil
- removal when the tenure OF oilice
! not nrescribed by law. This seems to d
- crvstalized opinion with the bar, ana hl
q received the judicial sanction OF both rec
oral and State courts in numerous intere'
:. If would be a solecism that the appoln
! ;nr mower having made an appolntmcl
: coI,Id not remove that appontee Tor call,'
q Sunnosc 4 man were honest to-day, ana j
. ,,,crr onnointed. and were to prove dlshol
a,t to-morrow, can it be said as a leg
,,ronosition that because he was appolnte
+ inr I'm indefinite tenure OF Office that ther
lore he places himself beyond the poW'
Of removal! o,,,Iv 70 III
a oo5a hecause know nothing OF the iacl
y ."nrected Herewith, but Is merely liltlstr
t;vn n the LEGAL proposition that l am see
;n,, to clucidate. But it must be borne
, IND that YOU are not merely clrcui
l. .nrihed to the language OF the charter, bl
u tbat the college being an incorporated Il
It stitution. M il is subject to altthe provision
and remliremcnts that are cNacleu ITO
y in;nt.stock companies and incorporation
u Ring body polite, this medlcal &C
II ,o,,o is amenahle to all eXactlons ana
,, nniremcnts imposed upon any DINER asgI
:, ~ Ilotion ~ individuals associated ior a col
II co., nmrnose. The Code OF Virginia e
j. nre.sly empowers the appointing aulhor'
l. !, cornorations or Joint stock companies
L nn',oye III ~ a president and directory
l. iJ;t,nn The Board OF Visitors OF u
cIIao,e sustains the same relationships TO u
II Iom thaf other interpretations 90, anu
II I'D "a" seem that when your EXceIlenc!
u w. w." nredecessor had the power 10 DeSIo
w 49, nrnointment that the rlgnt OF feihoN
's ' wonid follow as the shadow ,he sunsa"n,, no
,e ~ But without waving the fpregoiGie gn,iers W
" oo siderations it will be seen ny Ser,.omr ro"cri
y and 21. chapter 50, Code oil 1870, pa;sS pats =,
~ inc the duties Of colleges ana acaoe,,,.5' " O.
~ ~ Visitors or trustees thereof, that Sucn =
IL y; iege shall annually before the Isl aay or
~ ~ to6er make report to the Second huu''' x ,
So So showing the condition OF such coiese,
~ ~ state OF its funds, the amount OF Ils ,.e te
~, nme ~ and the sources whence derlyeu' ~
an m commodation for and the nu,nGyl ,,,;t;on u a
~ Al teacbers and pupils, It's fees OF tul'ion t;
e, branches Of learning taught Ill 'hc i"'''