The daily dispatch. [volume] (Richmond [Va.]) 1850-1884, 1883-02-02

I'm answer TO the petition OF John r.
Lewis and ais, composing the Board OF
Visitors of the Medical College OF Virginia
under the appointment Of Governor Came
ron. for writ OF mdndainus against +. Nj.
Wbittle and ais, composing the old Board,
and also against the faculty OF the college
as now constituted, to compel them to
transfer and deliver up to the petitioners
the possession OF the buildings, books, re-
cords. papers, and other property belong
ing TO the Medical College OF Virginia, the
faculty anda majority OF the old Board
have filed their answer in the supreme
Court, In which they rely on the following
GROUNDS OF DEFENCE:
In the first place, they claim that the case
a. set forth in the petition is not such an
one as under the law entities the petition
ers to the writ OF mdnddmuS prayed Tor.
But proceeding to answer said petition,
they saw that "about the year 1893 Drs.
Warner. Cullen, Maupin, Bohannon. Cham
berayne, and johnson organized Medi-
cal School in the city Of Richmond, and
purchased OF Hampdcn-Sidney College the
right TO act under IT. charter and TO de-
mand and receive OF II the degree OF Doc
tor OF Medicine for the students they
should graduate. Ii was furthur agreed
with the trustees OF IIampden-Sidney Col
lege. as claimed by the said faculty, that
only the persons selected by the faculty OF
the Medical School should be appointed to
fill vacancies i'm their body. The faculty
thereupon acquired, by purchase,
THE OLD UNION HOTEL BUILDING,
nj Nineteenth and Main streets, for col
lege building. Subsequently the city OF
Richmond gave the said Medical School 4
lot upon which the present college build
ings were erected. In order TO raise mo-
ney to erect the said buildings the faculty
OF the Medical School applied to the State
for a loan. and by IN act OF February ..
1914, the sum OF $4,000, and by an act OF
February 30, 1915, further sum OF SlO,-
600, were loared to the "faculty OF the
medical department OF llampton-Sldney
College OF Richmond" " "to be invested In
land ard buildings for the use and benefit
of the Medical College at Richmond," but
recurring as a security for the said loans
personal security Of the said faculty, and
liens on the lands, buildings, and other
property OF said Medical College. Ac-
cordingly the faculty executed their bonds
TO the president and directors OF the lite
rary fund Of the State, and gave liens In
their favor on the said property for the
amounts paid over 10 them under said acts.
With the money so loand by the State and
ont of their Oun means the faculty OF the
said
MEDICAL COLLEGE ERECTED BUILDINGS
on the lot given them by the city OF Rich
mond, and purchased suitable furniture,
philosophical and surgical apparatus, and
anatomical museum, &C., and conducted
the college for years IN connection with
Hampden-Sidney College Aforesaid.
About the year 1853 controversy arose
between the said faculty and the trustees OF
Hampden-Sidney College concerning the
appointment OF a professor by the said
trustees who was obnoxious to the said
faculty. In consequence OF this difficulty
the faculty applied TO the Legislature OF
the State and obtained an act OF incorpora-
lion, which passed February %, 1854, and
which will be found at pages 2G and % in
elusive of the published acts OF the Legis-
lature for 1854. This act is referred to
by the petitioners, and they purport to give
Its provisions, but they have not done so
accurately.
By the 18th section OF that act the facul-
ty OF the Medical College at Richmond
were recognized rs
THE CONTROLLING BODY
OF that institution. and the charter granted
by the act was to be in force only from the
time the said faculty assented to it. They
did assent to the said charter, and under II
a private corporation was formed ana q
contract entered into, which was and Is
protected by the Constitution OF the United
States.
Although the Legislature, by section l.,
reserved the power to modify, alter, or re-
neal this charter, that body has never eXer-
cised the said reserved powers, and the
chartered rights secured thereby remain to
this day intact.
When the charter was granted in lS5i
all the money and property with which the
Medical College had been founded, organ
lied. and conducted, and which had beer
either expended in the enterprise or hat
accumulated and constituted Its property
had been
DERIVED FROM PRIVATE SOURCES,
and had been In considerable part derived
from contributions on the part OF the fac
ulty itself and from the results OF their In
bor and work in, upon, and in behalf OF Tho
institution. The State OF Virginia was no
even among the donors and founders o.
the enterprise, and had contributed nothing
10 il except 10 remit some interest on
tbc sums loaned as aforesaid. The college
had then been i'm existence and had giyer
regular courses OF medical instruction fol
sixteen wears or more under the exclusive
management OF its founders, the faculty,
and OF the trustees OF Hampden-Sldney
College, a private incorporated educa
tional institution of the State OF Virginia
Ry means of the contract between thC
faculty and Hampden-Sidney College the
foculty had obtained the means OF con
ferring degrees upon their students. Bu1
fbe breach occurring between the con
tracing parties furnished the occasion and
originated the purpose OF the faculty tC
apply to the Legislature for
A CHARTER
TO secure and establish the future ohcia
independence OF themselves and their sue
cessors and the permanence OF their insti'
tuition.
In framing said charter the faculty con-
ceiyed that as the real founders OF the col.
lege they had the right to name the visitors
and To provide for their succession. They
did so. and the Legislature allowed this
and granted the charter as asked by thC
faculty, with the same men selected by the
faculty named and created visitors. In
parting with the visitorial power which
until then really belonged to themselves,
they claim that they did so only to the strict
extent OF the terms used and granted to the
Goyernor-no right OF removal OF any wish
tor, but only the right to appoint to va
cancy; and parting with their
yIsIToRIAL POWERS
only TO the strict extent OF the terms used
seemed to leave them sufficient guaranty
against great, sudden, and dangerous
changes i'm the constitution OF the corpora
| - \ ..,ni ninnf nssiIrance Of the nre.