The daily dispatch. [volume] (Richmond [Va.]) 1850-1884, 1882-01-06


We suppose we may assume tha' ,'r w
.a,usters desire only to have control OF 'ne
lunatic asylums Of the State, ana NOT 70 on.'
Ger them with Rcxdiusters. We suggest
therefore, to Mr.. HAnEwoop that 'ne pr
sent directors would probably be WILING
and clad to resign, II thereby they coulo
SECURE 10 those institutions the services Oh
the skilsul and experienced physicians now
in charge Of them, whether these oe neao'
tustcrs or Democrats. 1t is not ~ au oe'-
tain that the present directors have not
right to hold their places for three years, III
spite Of Legislative action. besiues'
whether they have sucn right
or not, the directors now IN onoe
were certainly appointed to serve during q
term Of three years, and, so good lawyers
saw, had the power and the right 10 con-
tract with the present officers OF the asy-
lums for term not exceeding their own
term. WHY not, then, let the officers alone,
~ the directors will surrender their places,
and thus without q contest turn over 70
your party the entire control OF these IN
stitudons?
In Mr.. HAzLEw0oD's bill appears the
following:
1. That the directors Of the Central,
Eastern, and Western Lrnatic Asyiums
shall consist Of - members each. inc
term of Office shall be fer three years,
commencing on the LIST OF March, 1857, ex-
cent where II Is otherwise provided by
- directors shall constitute court Tor
the transaction OF business.
The reader will be amused IL he will turn
TO the Code Of Virginia Of 1860, and read
the law as 1t there stands and as II
now stands, because the Code OF 1873 ana
the act Of 1870 merely copy this section
from the Code OF 1860. In this latter Code
the language Is as follows:
"The term of office shall be for three
wears, commencing on the LIST OF Nobember,
1851; except ,ohere IL is otherwise prorided
bv lap, five directors shall constitute
court for the transaction OF business"
Now, IL Mr.. HAzLEwOoD's construction
OF the law were admissible, the directors
would have no tenure Of Office other than
the will of the Legislature unless the word
"isv would suffice to protect them. But
fortunately there are courts yet in Virginia,
and these have the right to construe the
laws. The directors OF all the asylums
were appointed for full term OF three
wears. and there Is no such limit to their
term as Mr.. HAZLEwoOD's bill assumes
there is. The words "except where it is
otherwise provided by law" refer to what
is necessary to constitute quorum or
court. They refer, too, only to law exist
ing at the time the words quoted were
made law. The words are, except where
it is otherwise provided by law" not,
"except where it shall be otherwise pro-
yided by law" The law provides that 1t
shall always require five directors to con-
stitute quorum except where it is other
wise provided by law. And the 9TH Sec
ton of the same chapter Of the Code OF
1850 tells why that exception was made
when it says:
"Any three or more Of such directors
may examine persons brought to the asy-
lufn rs iuIltllCs, anu OluNi thVoN iV"ii" y"
be such 10 be received"
We know now what the law means when
il saws that except where it Is otherwise
provided by law five shall constitute quo
rum or court. 1t is because court to re-
ceiye or keep lunatics into or in the asylum
may consist of only three.
II was not Mr.. LAKEWOOD that displaced
the semi-colon in copying from the Code
OF 1860. 1t was, we guess, the printer.
IL may have been the engrossing clerk.
Mr.. III. is no lawyer. But he did change
the semi-colon into full-stop, and Is
thus, without any fault on his part, made
to appear as ii he were trying to change
the meaning OF law by punctuating it in
correctly and thus putting wrong con-
struction upon 1t.
We do not say that the General Assembly
c:anot legislate all the directors and officers
80 10 various lunatic asylums out of office.
W. ,press no opinion on that point. But
MO a. emphatically that it can't be done
nv snhstityting period for a comma OF
semi-colon, IN ,oot .hot on Nv.
,,,sa p .,e first lawyers in Virginia,
has given 1t as his ol"''On '-.
Office OF all the di' ec'oi' III 'a'o",U =! VI
HAzLEwooD's BIZ Is u""ei 'n0 IA" .nie'
tul, wears and that they have right to
employ ofiicer ior 'he VARIOUS iiis'i'u'ioi''
for that lengt OF time.
Let us msSe haste slowly, Mr.. HALE
WOOD. .Besure you're right, then go ahead
Find ont before you go further whether oil
not IT, present directors are willing te
oive YOU ga chance"