The times dispatch. [volume] (Richmond, Va.) 1903-1914, 1907-01-31
The Restraining Order OF
Judged. Gardiner Tyler
Is Disregarded.
DIR. BRUNK WILL
TAKE CHARGE TO-DAY
Injunction Granted by Judge
Scott Restraining Any One
From Interfering-col.
Lawless and DR..
Foster With
draw.

Iscsolyrd, That by virtue OF the
Constitution of Virginia and the laws
| of this state, DIR. T.. $. Foster he, and
he In hereby. removed from the office
of superintendent of the Eastern State
Hospital, for neglect OF his Official
duties, the said removal to take eT-
feet upon the ADJOURNMENT sine die ut
| this meeting of this board."
BY vote of seven TO nothing, the
| General State Hospital Board last night
| adopted the above resolution after .
day or strenuous sessions, In which
there were dramatic scenes and ntu.h
! complicated legal procedure.
{ This resolution was followed by one ap-
! pointing DR.. .. C. Br1nk for the unex-
PRED term. and he will leave here this
morning to take charge of the position
| of superintendent.
| Meanwhile an Injunction was secured
| by Mr.. Hunton. counsel for tho board.
from the Circuit Court of the city OF
Richmond restraining any and ali
| persons from In any way interfering
with DR.. Brunk in the discharge of his
| duties.
| 1t was day of court orders and in
| functions. When the members assembled
| at noon to hear the argument OF coun-
ported to be a writ of lertiorarI, issued
| by Judge d. Gardiner Tyler. of VIII
liam sburg, were served upon them, seek
ing to stop all further proceedings before
| the board, and ordering the case before
| him at the April term of his court
Attorney-GeneraPs Views.
Attorney-General Anderson rendered an
| opinion to the effect that tho paper was
issued without legal authority. and that
| the officers and proceedings here were not
! within the Jurisdiction of the Circuit
| Court of the city of Williamsburg.
This opinion was acted upon by tbs
board. and the case was gone into and
! passed upon despite tile order OF Judge
| Tyler Colonel Lawless. however with
! drew from tho case after dramatic
speech. in which he declared that he did
not intend to disregard the order of
court. and taking his client with him,
! left on an afternoon train for Norfolk.
DR.. Foster stopped at Williamsburg. and
! no one can say what VIII happen thera
| to-day.
Colonel I.awless went to Norfolk. but
| may be on the ground to-day with an
| other legal surprise to spring.
Other Withdrawals.
| But the withdrawal of Colonel I.awless
| and Or. Foster did not furnish tine only
| dramatic scene. Colonel Turk and MI.
| Bland, who have steadfastly supported
| Dr. Foster. submitted a paper at the night
| session setting out their respect for the
| order Of Judge Tyler. and asking to he
| allowed to retire. They went into the
| cloak room and took no part in the con-
| sideration OF the resolutions adopted. In
I the meantime. however, Colonel Turk had
! delivred lengthy speech, in which he
| defended DIR. Foster and severey criticised
| some Of the official acts Of his colleagues
| on the board.
| All the members were present save
1 DR.. o. c. Wright, of Enporia, but only
| seven OF the eleven voted on the removal
! resolution.
They were Messrs. Orborne, Bohannon,.
| Gilliam Tredway, Cole, Hansborough
| and Morgan. They all voted aye
! Messrs Bland and Turk We're out, and
| NIessrs. Straus and Tallaferro asked to
| be excused from voting because they
| had not heard all the evidence at Will
| liansburg.
l Was Unanimous.
| On the resolutions naming DIR. Brunk
and subsequent one commencing the
manly action of DIR. j. NJ. Henderson,
| first assistant physician. there were niiin
affirmative votes, Messrs. Bland and
| Turk; still not voting. They returned
I
and participated, however, in the rest
| OF the proceedings.
After Colonel Lawless declared his
| purpose to retire from further particle
! patton in tho case Mr.. Hunton said he
! did not care to argue, but the board
| voted to hear him, and he summed up
the evidence in a strong speech OF about
an hour. appealing in conclusion for the
| removal of DR.. Foster, for the reasons
set out in tho charges, and which. he
said, had been fully sustained in most
| particulars.
Judge Tredway presented most OF the
resolutions, and was tho real leader on
the board in favor OF removal
The first sharp division came when
the Attorney.eienerars opinion had been
! read with reference 10 Judge Tyler's
order.
Judge Tredway offered resolution to
proceed to hear argument. and this pro-
voked a collouuy between himself and
Colonei TURK.
The vote on this resolution was 8 10
., Messrs. Bland and TURK voting MOI