The times dispatch. [volume] (Richmond, Va.) 1903-1914, 1907-02-01
PROHIBITION WRIT
BY SUPREME COURT
Highest Tribunal in State Inter
venes in Foster
Case.

Excitement incident to the Foster trial
had pretty well settled down mere yes-
terday, and the scene OF activity was
again transferred to Williamsburg. Be-
fore the shifting. however. important pa
pers bearing on the matter issuci from
the Governor and the Supreme Court of
the State. The former was letter from
His Excelency to Acknowledgement An
derson, authorizing tho latter to bring
whatever action he thought necessary in
the name of the Commonwealth, and the
latter was writ of prohibition, directed
ner Tyler. of Williamsburg. retu' able
next Tuesday. forbidding the latt.. to
interfere further in the case.
Attorney General Anderson and Hon.
Eppa Hunton, Jr, counsel for the board,
prepared the petition and presented it
to the court early in the morning.
Action of Court.
The writ issued reads as follows:
Commonwealth OF Virginia, at the rela-
ton of John G. Osborne. Haynes L.
Morgan and ais
d. Gardiner Tyler, Judge of the Circuit
Court of the city OF williamsburg and
county of James City:
on reading the petition of the Com
mcnwealth of Virginia, at the relation Of
John G. Osborne, Haynes l.. Morgan.
James i. Treadway, Scott ~ Hans
brough, II. D. Cole, Julius Straus, j.
Gordon Bohannon and Robert Gillian.
constituting a majority OF the members
of the General Board of Directors OF
Commonwealth of Virginia. praying
writ of prohibition to be isued against
the Circuit Court of the city OF VII
liamsburg and county of James City.
and d. Gardiner Tyler. as set out at
length in said petition:
II is ordered that copy OF said pc
titlou and notice of the intended appli-
cation for said writ be forthwith served
on d. Gardiner Tyler, Judge OF the Cir
cult Court of the city OF williamsburg
and county of James City, as provided
By law, and that said application be set
down for hearing before this court on
Tuesday, the 18th day of February, 1907, +
at the hour of 10 A. NJ: and this court,
deeming it proper to do so,
Doth further order that all proceedings
in the cause pending In the said Circuit
Court of the city of williamsburg any
county of James City, mentioned in said
petition, and sought TO be prohibited, IN
according with the prayers thereof pc
suspended. pending the Application Tor
said of prohibition, and until the rurther
order of this court; or the final decision
of this cause.
The effect Of the writ is to permit DIR.
y. IL,
take charge without interference, and he
left on the 4 O'Clock train for his post,
over which there has been such spicy
and protracted controversy. Interest VIII
now centre in the probable outcome or
the matter when it finally comes before
the Supreme Court next Tuesday.
Governors Letter.
Tho letter written by Governor Swan
son TO Attorneys General Anderson. au-
thorizing him to proceed in the name or
the Commonwealth, follows:
Richmond, Va, Jan. so, 1907,
Hon. William a. Anderson, Attorney
General of Virginia. Richmond. Va:
My Dear Sir,---I am Just in receipt OF
your letter of this date, conveying to me
the request of the General Board of pi-
rectors of State Hospitals for the Insane.
10 he permitted to bring suit in the name
of the Commonwealth of Virginia, to en-
& ioin DR. l.. S, Foster from exercising IN
the future any authority as superinten-
dent of the Eastern State Hospitals inc
snid general board having removed MIN
nv a resolution, copy OF which Is en-
closed in your letter note tHat you
express the opinion that y 10 wv this nas
able and legal for mo to grant TINS per-
mission. e.. 80 1y,,o,,io
and as such It's ohief executive 9tl.ce' al
conceive 1t to be my duty 10 enlofse. as
far as possible, without rear OF la taYo ~
The action of the lawful authorlllss OF
the State Believing that TINS no ses a ',,,s
that it's action when Legally eNere,seu
should be respected and obeyed, as 1oy-
!. ernor of this State, hereby siVe cohs
scnt for the use of the name or tho
Commonwealth of Virginia TOR the 'nsti-
tuition of the proceedings indicated In
& your letter and the correspondence ana
puperS enclosed. .t7,l4 *
With regard and esteem, am,
s t{#@ Very truly yours, a
81 CLAUDE "A. SWANSON, tx
& snV Il 4.