The times dispatch. [volume] (Richmond, Va.) 1903-1914, 1911-12-08
DARLINGTON NOT
ALLOWED T0ENTER
Prison Board Keeps Him Out,
Both Making Moves on Legal
Checkerboard.
PARDON STATEMENT DENIED
Governor Very Angry-Schercr
Explains That Remark Was
Entirely Jocular.
PARDON STATEMENT DENIED

DR.. Charles W Darlington offered his
services at the penitenuary yesterday
morning at the usual hour for the
order of the board no was denied adj
mission by Superintendent james Is.
H M,o0d; "a as vas, was stated in The Times
At the City Circuit Court 1t was
stated that the prison board and super
antcndent wero entirely within thcir
rights. On last Tuesday Judge II. Car
declaring that DR.. Carrington's re-
moval by tho board was illegal and
void. no having been given no notice
or hearing in the manner prescribed
by law for removal of constitutional
officers for cause A stay OF the ser
vice of that mandamus was later grant
cd for period of Ave days for the
Attorney General to appeal to the Su-
preme Court. The five days will elapse
Sunday. and the mandamus order viii
be served Monday morning. provided
no appeal or further stay is granted
in the meantime.
After the service of such a paper.
We're the superintendent or prison
board to refuse admission to the sur
clearly contempt Of court. AS It stands
however, the board thinks that until
the five days einpsc tho order OF the
tho surgeon of tho institution is mot
In effect, and the board and supcrin-
tcndent were. therefore, within thor
rights In refusing him admission. DIR.
w. T. openhimcr Is the defacto sur
geon. having been appointed for tho
uneHpircd term. when DIR. Darlington
was removed.
Trial on Saturday.
Recognizing the act OF the court In
reinstating the surgeon. though not
concedlng It's correctness. the prison
directors have served formal notice
on DR.. Darlington that they will pro-
coed to a trial, with view TO his
day afternoon at 3 o'clock. BY this
step the prison authorities expect 10
remedy the defect pointed out in their
former summary action before the i've
day stay expires. and so remove the
surgeon by due process OF law before
he can be again rcinstatcd as the ac-
tual surgeon in attendance. Many
witnesses arc being summoned By tn
sheriff Of the city OF Richmond TO at
tend the hearing at the Office of the
prison on Saturday, whom the board
VIII sit as court examining wit
nesseJ under oath, including such wit
ncsses as DR.. Darlington may offer In
his defense. He Will be represented
by counsel.
His appearance At the pen!tcntiary
yc-tcrday morning was. OF course, a.
step to show his legal position In the
case.
Governor Mann entered an extreme
iy indignant denial yesterday of re-
ported interview with /. L. Schercr. Of
IN''''N''NiA'' 49, ~ W NV ''i'NN
that inc executive had already par
doncd the directors In anticipation III
contempt proceedings
Schercr OF Interview.
Mir. Schcrcr as result OF this pub
LEGATION, sent the following letter TO
Judge Scott:
Judge X. Carter Scott, Richmond.
VA:
My Dear Judge scott,-I was very
much surprised indeed 10 see the In
tervicw supposed 10 have bccn given
by me 10 the News Leader \ repre-
sentative OF the News Leader, in the
presence OF a number of gentlemen In
my office. in a jocuar way referred 10
the board. myself included, being In
Jail by night with other friends whose
names IL Is useless TO mention: when
I replied in the same IoCular manner.
that In this case we would be part
ncrs. The reporter knew full well that
the rc0ly was n joke and II was said
in tbs manner. ] have always con-
sidcrcd YOU ono OF my personal friends.
and would not in any way say or do
anything that would reflect on YOU
or your court. assure YOU OF my
warmcst personal feeling. and am
sure from things that have occurred,
that Of the entire board. Ecgrctting
very much tho occurrence, nm,
Yours truly.
7. T. SCIERER.