The times dispatch. [volume] (Richmond, Va.) 1903-1914, 1907-01-16

--zA -a.- &C.,
considered and passed upon statements
OF Witnesses, none Of whom were sworn
nJ REQUIRED by law, upon questions OF
fnots recited In said protest, without
giving this respondent opportunity to
cross-examine said Witnesses, In this,
to-wlt
"(a) In said protest this respondent al
legged as follows: "A subcommittee of three
members of your board, appointed to
digest the 5000 or more pnges OF the
stonographlc report OF the evidence, d.
vidod these 5000 and odd pages Into
three parts. as ] am advised by the pub
llAhed statement Of two members Of your
board. and each reading only n portion
or his allotted third, submitted to you
their Joint findings OF this partial read
evidence, which the remaining nine mem
berg OF your board had. of course, no OPP
poftunlty Of examining
Board Still incompetent,
Says Attorney Lawless.
witnesses were heard upon the above
allegations or facts. and shid board passed
on the correctness thereof In the manner
above set forth.
But said board does not deny the
truth Of the allegation In said protest
that no member had read or heard all
OF the evidence upon which they acted
and that nine of said members had had
no opportunity of examining the same at
all before the order of removal from
office OF this respondent was entered
"(b) That while In said secret session
said general board OF directors receiyed.
considered and passed upon statepients
OF witnesses as to the accuracy of "a Ger!
tain Interview with Colonel l.. w. Lane.
Jr, Commissioner OF State HogpIta1s'
which appeared In the Richmond Times-
Dispatch In its issue of January 0. 1907.
70 which reference Is made In said pro-
test pi'
But the finding of said board on This
allegation Of fact. as set out in It's said
pruer, even II correct. renders said Com
missioner Of State Hospitals, and those
members OF said board who concur with
nun num- none the less incompetent to sit In
.us respondents case. because If 1t be
true that new evidence will be renu,red
TO change the determination of the hoard
az stated in Its said order then this
respondents case will not be heard nv n
ialr and Impartial tribunal. with the pre-
sumptons In his favor. as required nv
law, but he must enter upon his trial
with the burden upon him of establish
ing his innocence.
"a. There is no inaccuracy IN the
s'ateLieht or said protest that Colonel
L. w. Lane. Jr.. Commissioner OF state
Hospitals. will be called upon to pass
upon numerous and important questions
II this respondent is required to 90 10
trial before this board; nor is 1t any
where stated In said protest that said
commissioner of State Hospitals could vote
In Its deliberations But the questions
upon which he must pass as its presiding
officer and spokesman necessarily will
become important In the trial of this
case.
14th. This respondent is we'll aware that
under the law the powers of the general
board OF directors cannot be delegated.
and nowhere suggests in said protest tina,
such thing be done
When he declared his intention of NOT
serving longer In his present official ca
pacity. after having secured his acnuittaI
and vindication before an impartial tribu
nal, he endeavored to convince said board
that he is not struggling to retain
public office however desirable
II might be as serving to enable him to
pursue the work TO which his life had
been dedicated, but that he Is fighting
for that which to him and to every yir-
einian worthy of his mother State is
bearer than life itself to-wit: a good /
character and fa!thfulness in the dis !,
charge of public duty