The times dispatch. [volume] (Richmond, Va.) 1903-1914, 1907-02-08

Thwarted at every turn. beaten in all
the courts, Dr. u. 8. Foster former Super
sintendent OF the Eastern State Hospital,
ut williamsburg has been forced to ban
don his efforts TO prevent his removal
from office by the General Eonrd OF Di-
rcctors OF State Hospitals Thus ends,
so far AS now known or lntirlates~ The
celebrated hospital case. ] has engaged
the attention of the General Assent bly,,
OF Il special Joint committee named there
by, Of the special hospital board the
General Hospital Board, the Circuit
Courts Of tka cities Of Williamsburg ana
Richmond, for a period of one year. In
some form or another the case has been
more or less acute during oil that time.
Hundreds of columns of newspaper
space have been devoted to It In its
various phases, and some remarkable 4
legal conditions have been disclosed.
Events of Yesterday.
The case became a closed incident
yesterday when the Supreme Court of
Appeals delivered an opinion declar-
ing that writ of prohibition should. !.
| Issue prohibiting the HON. ID. Gardiner
Tyler, OF the Circuit Court of the city
OF Williamsburg, from further pro-
cecding in the matter under consider
alton. and requiring the respondent.
DR.. L. s. Foster, to pay the costs of
Z
Board. a.
About the same time that this
fgopinion was handed down. DR.. Eosters
and his attorney, Colonel Joseph T.
lfI4awless. were In the City ~ Circuit
eeurt To- af 1nle agsinst
them for c0ntsmlst.
! "A little later, y udse Scott adjudged Dr..
\ Foster guilty OF contempt OF court and
lfttnposed fine OF SIS, but discharged Coll
4 onel Lawless. he having purged himself
4 of contempt by his appearance and an
! swer to the rule.
4 ure yesterday. as result of which
4 the famous case Is disposed OF. It is
rot absolutely ended yet, SO far. as the
i contempt proceeding Is concerned, sDr.
i Foster and his attorneys contendlng that
j In invoking the courts to maintain what
| he conceived to be his rights under the
1 law he was not In contempt OF any other
i court The record Is being made up and
! Dr. Fosters attorneys will make ap-
! rlication to THE Supreme Court Of Ap-l
! peals or to one of the Judges thereof
4 for q writ of error, with view to bring
ing the contempt proceeding before the
appellate court for review
4 DR.. Foster. Colonel Lawless and Hon.
John l.. Jetrrics al! left the city on the
same train. the eastbound Chesapeake
1 and Ohio, att p. NJ. yesterday. DR.. Foster
1 for Williamsburg, his home, and MS
Z attorneys for Norfolk. Before they left
i the city Dr.. Foster made the statement
i above quoted In answer to an inquiry
q! ns to whether he desired to say any
4 thing for publication. He further stated
y that the proceeding before the appellate
court was merely Il review OF the legal
questions involved, and that the court
I did not undertake to pass upon the mer-
its OF the Eastern State Hospital affair
and the action OF the general board Dr.
Foster will be allowed until March Isl
TO vacatc the superintendents residence
at the hospital and to remove his eftects
thereirom. He stated privately that he
had no home, his former residence III
= Gloucester having been burned, and that
he would have to determine later where
II lie would reside.
Colonel Lawless was asked whether
the attorneys for DR.. Foster would en-.
, deavor to raise Federal question ant
. carry the litigation into the Fedora
! courts, Ho replied that he believed
this might be done, and that such {
Il question could be raised, but that M
, such step had been determined upon
! Els associate, he senior member o
the firm, Hon. John l.. Jeffries, STATED
moment later that no effort woul'
be made to take tho case up, and tina
Q fact that. Il the counsel for. the eX
9 superintendent raised any question o
e violating of the Federal Constitution
Q application could be made to the Su
S prene Court for a writ OF error to til
D order of the Appellate Court in thi
g State, and that. In the event OF it
yti refusal there, the application Nigh
q bo mauc directly, and as n matter O
y right, to tho United states suprem
Court,
: The record OF the entire proceeding
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