The times dispatch. [volume] (Richmond, Va.) 1903-1914, 1907-02-08
FOSTER OUT AND
LONG FIGHT ENDS.
CONTINUED From First Page.)

would be certified to the United states
Supreme Court. and II in its Judgment a
Federal question were ruiscd, the writ
would issue OF right
If such b writ were issued 1t might
be prepared by the clerk OF the United
States Supreme Court or by Mr. Joseph
p. Brady clerk OF the Federal Circuit
gCourtS In the capital Of the State. 1t
is regarded as entirely improbable. how
ever, that the case will be takon higher.
since such action would be very expen-
Esive. and could only suffice to further
delay the termination Of the case. Fur
Ether1nore, the United States Supreme
Court would only pass upon the Federal
question that might be raised, and would
not touch the merits OF the complicated
procedure leading up to the court phases
of the case.
Action of Supreme Court.
The procedure in the Supreme Court
< of Appeals OF Virginia was limited to
the announcement OF the determtnati ton
of the court upon the prayer Of the Gem
cral Hospital Board that writ Of prohibit
ton might issue forbidding Judge Tyler
from further proceeding, and imposing
the costs on DR.. Foster, the respondent.
Judge Tyler has issued a writ OF CERT
orari and later nm injunction restraining
late court decided that Judge Tyler had
not jurisdiction OF the case, and that the
General Hospital Board acted within It's
authority in removing tho superintend-
emit. Those are tho questions directly
decided. No written opinion was handed
down. the clerk being directed to enter
the orders, which read az follows:
Order AS to Injunction.
Yirginia-In the Supreme Court Of APP
, peals. held at the Library Building,
in the City OF Richmond, on Thurs
day. the 18th day Of February. 1907.
Commonwealth Of Virginia. at tho re-
lation Of John G. Osborne. Haynes L.
Morgan James l.. Treadway, Scott
III. Hansborough, Fl. D. Cole. Julius
Strauge, ]. Gordon Bohnnnon and
| Robert Gillian constituting a ma
| jority OF tho members of the general
| board Of directors OF State Hospitals
for the Insane. IN the Commonwealth
OF V1rginla......... Petitioners
against
| The Honorable D. Gardiner Tyler, Judge
1 OF the Circuit Court Of the CITY of
| williamsburg and tho county OF
James City, and L. S. Foster. $500.
Respondents
| Upon petition praying for a writ
Of prohibition to be issued against the
| Circuit Court of the city OF Williams
burg and county of James City and
Honorable D. Gardiner Tyler. Judge
thereof. and against l.. S. Foster, pro.
l hibiting tho further prosecution OF
and further proceedings in the injunc.
ton proceeding pending in said court
wherein L. S. Foster Is plaintiff nnc
O.. G. Brunk and others are defendants
| as set out at length in said petition.
This day came again the parties, bS
counsel, and the court having maturel3
considered tho. petltinn & of the petit,
l TONERS and exhibits filed Herewith, the
/ demurrors and answers OF the respond
ents and exhibits filed Herewith ant
3 arguments of counsel, is of opinion tina
& the eastern State Hospital exists only
A for governmental purposes, and Is sub
ject to supervision and control by thu
Commonwealth and that tho Common
4 wealth has the lawful right to insti
tute this proceeding and that Its AL
thority to that end has been properly
a invoked. and Is being rightfully exer
csed.
The court is further OF opinion tina
nm injunction Is not the proper remed!
2 to try the title between rival claimant
to public Office and cannot DO invoked
to protect one IN the possession and ex
crclsc OF such office. The court Is, there
I FORE further of opinion that tho Circui
i Court of tho city of Williamsburg an:
the county of james City was withou
Jurisdiction to entertain tho amended
and supplemental bill or to enter tn
decree thereon of january 81, 1907
1t Is therefore ordered that tho wri
J prayed for do issue, prohibiting the Hon
! p. Gardiner Tyler Judge OF the Circui
!. Court OF the city OF williamsburg an;
], county Of James City. from further pro
ceedlng In the matter arising upon sats
amended and supplemental bill, and tina
the petitioners recover of the respondent
! Id s. Foster their costs by them eX
pended in these proceedings,
!, And IT Is further ordered that the ser
q AsToRIA. M