The daily dispatch. [volume] (Richmond [Va.]) 1850-1884, 1882-10-03
The Medical College Question.

|
In the Dispatch of the 1st instant ap
pears the opinion Of the Attorney-Genera
as to the right OF the Governor b. remove
the Board OF Visitors OF the Medical Cot
! lege. 1t by no means follows that the opin.
ion OF the Attorney-General is correct, q,
that officers views Of legal right have gen.
orally received very small approval from
I the courts.
The Board Of Visitors and Faculty oi
/ the Medical College have not acted withous
| legal advice in their recent action. They
have been advised that the action Of the
Governor in removing the old Board OF
/ Visitors was illegal, and that the opinion
Of the Attorney-Geleral which supported
| ii will not he sustained by the courts.
That officer bases his opinion upon the
theory that the appointing authority has
the right Of removal. In answer, it may
| be stated that the charter OF tue Medical
College, which is the law Of it, being. does
not give the power Of appointment to the
Governor. On the contrary. the Board OF
Visitors Of the Medical College was ap-
pointed by the Legislature. and the only
authority delegated 10 the Governor was 10
! ill vacancies occurring by death. resigna-
ton, or otherwise. The Governor has not
|
cancies. He cannot create vacancy; he
can only ill vacancy which has before
hand taken place.
! But the Attorney-General in his opinion
has not only made this mistake, but has en-
tirely overlooked the character and legal
characteristics OF the corporation. While
it NAV be true that as 10 executive and po-
litical officers, who are appointed by an
executive authority upon which is reposed
the due execution OF the laws, that the
power Of appointment includes the power
Of removal, vet such Is not the case in re-
spect to private corporations for elccmosy-
nary purposes. in which class il will not be
denied the Medical College falls. In such
institution, the power Of removal does not
belong 10 the appointing power. even II the
Governor possessed It. but 10 the Board of
Visitors, and the function Of the Governor
can only come into play when 4 removal OF
one or more of the Visitors j. made by the
Board. Even this power Of removal by
the Board can only be exercised for
GOOD reason upon due notice 10 the
offending visitors. In the case Of corpora
/ tlons oi this kind this view has been 80
fully sustained by all the legal authorities
/ from the Dartmouth College case down 30
this time that II i matter ~ anna" men'
that an Attornoy-GCncral Of Virginia could
De found who would contest II or fail To
draw the distinction between such case
and political or executive office.
The Medical College. in resisting the
+ illegal acts of the Governor and his adj
y.>ors. have not acted hastily or without
proper information. With no purpose oi
/ di,re.pect 10 the Governor. and, least Of AL,
I with any determination % ~ Itself in op-
position 10 the law it ha. followed LEGAL
advice I'm holding possession Of the pro-
perty and franchises committed 10 il care.
I Il viii continue t. do 80 until tn tribunals
authorized hs the law 10 'ccide such quc>-
/ ton, have determined the right.
/ In the body Of Visitors are such distin'
I gui,hed legal gentlemen A. Judge Crump
James Alfred Jones, and Colonel NC NJ
| who are all i'm hearty accord with the ac'
/ ton OF the Board 0f Visitors and with the
advice Of their counsel Judge Ould.
JAMES B. MCCAw,
ROBERT 7. COLEMAN,
JOHN :. WEILFORD,
J. =. u. CULLEN,
WILLIAM II. TAYLOR.
CHRISTOPHER TONPKINs,
NJ. l.. JAMS.