The times dispatch. [volume] (Richmond, Va.) 1903-1914, 1911-10-07
DR.. DARLINGTON
MAY Be REMOVED.
Report That Directors Will To
Day Declare His Office
Vacant.
LEGAL QUESTION INVOLVED
Comment Aroused Over Delay
in Selection of Super
intendent.
LEGAL QUESTION INVOLVED

Suggestions were to be heard FREE
quenuy In the city yesterday to the
effect that following the charges made
by DR. Charles v. Darlington against
the directors OF the State. Penitentiaty.
tho board would at toaday's meeting
declare his office vacant, and proceed
to elect some one else. presumably
DE-, Norbert Mann for the unexpired
asked last night regarding such a prop
ositton. refused to discuss it.
The rumor-for 1t was nothing
more-was given color by the nature
In the public print on members OF the
board. and the counter-attacks by some
OF the directors on DR.. Darlington 1t
was pointed out that of necessity the
clude satisfactory conduct Of the busi-
moss of the penitentiary during the
remainder OF DIR. Carrington's present
term. which will end on January 2.
1912.
1nasmuch as DR.. Mann has already
been elected for the new term. 1t would
be natural to take for granted that
no would be chosen for the unexpired
Choice of Superintendcnts.
1t was said last night by member
of the board OF directors that 1t was
up to-day the election of the super
intendents of the penitentiary and Of
the State Farm. These officers must
be chosen prior to December /. but
up to that time the board may act
when 1t pleases. There was some COM
ment over the fact that tho superin
tendents were not elected last Satur-
day, when the surgeons for the two
institutions were chosen. While no
outspoken opposition has arisen to
either Major James B. Wood or Cap
tain T. ]. Davis. the delay has given
rise to some talk.
legal question may arise In con-
nection with the rumored decapitation
OF DR.: Darlington at to-day's meeting.
This Is as to whether surgeon may
into charges made against him. and
without giving him an opportunity to
defend himself.
Law on Subject.
The Constitution of Virginia, section
1iS, provides that the supertntendents
and surgeons shall be appointed for a
term of four years, and be removable
by by the board Of directors for mis6e;
duty. or acts performed without au-
thority OF law
Section 1854. OF the Code of Virginia,
par, as follows G p sThe board s Ieans i'm m
vestigatc any misbehavior. incapaclty,
neglect of official duty. or acts per
formed without authority of law. on
the part OF the superintendents or sur
Seons. and II in their Judgment there
be sufficient cause therefor. they
shall forthwith remove the said off,
Ger, ana at once appoint successor
to I'LL the unexpircd term"
Bad Feeling Over Charges.
While the surgeon does not attend
meetings Of the directors unless cape
cially called for, ne may be called upon
to do so ut any time. The board meets
every Saturday. II. for instance. n
matter should come up this afternoon
upon which the directors desired In
formation or advice from the surgeon,
the situation. 1t is said. would be en-
barrassing for all parties. in view OF
the accusations made by DR.. CARING
ton during the past few days. He
has asserted that one member is tho
unwavering friend OF the shoe COM
pany which hires. the convict labor
He has further charged that the cleo
ton of DR.. Mann was due to innu-
ence exerted by Governor Mann upon
members of the board. These charges
have been holly denied. and the lie
direct has been passed between the
surgeon and two of the directors
Events since the election OF last
Saturday would be responsible for the
summary removal of DR.. Darlington.