The Richmond Virginian. (Richmond, Va.) 1910-1920, 1911-10-25
NO POWER TO CALL
An INVESTIGATION
Attorney General S avs Gov
ernor Cannot Act in Pri-
son Board Matter
LEGISLATURE ALONE
HAS JURISDICTION
DR.. Carrington's Request for
investigation of His Of
flee Must Wait Gen.
eral Assembly

If Governor William Hodges Mann
heeds. as he doubtless will feel cali
ed upon to do, the advice of Attorney
General $. W. Williams there will be
no Investigation by the State Board
Of Charities and Corrections of The
conditions surrounding the recent
election OF surgeon at the peniten-
tiary
Ike Attorney General has written
letter to Governor Mann. advising
the Governor that he is without pow
er to order such an Investigation as
Or Darlington asks for.
II will be recalled that after the
recent defeat of DIR. Darlington for
reelection as penitentiary surgeon
four members Of the board issued a
statement in reply to criticisms of
their action, in which they stated that
IF conditions lad been different" at
the penftentiary Dr. Darlington would
have been Reelected.
Taking this as a reflection upon
his administration Of the ,,ffice of
penitent!ary surgeon DIR. Carringtoa
made a request that an Investigation
be had of the office by the State
Board OF Charities and Corrections.
DR. George II. Denny. chairman Of
the board. al first declined to act,
his view of the law being that the
board could only make such m In
vestigation when required or directed
so to do by the Governor Finally.
however. DIR. Denny concluded to call
meeting of the board to discuss
the situation, and such meeting
will be held, TO take action or not.
To do as the Governor may direct.
on Friday evening of next week at
the State Library building
The attitude of the board is merely
waiting one. 1t will investigate or
not investigate, Just as the Governor
may direct
However. the Attorney General $
advice will be Of such a character
as will halt all procedure The Al
torney General takes the View that
the Prison Board draws its powers
from the constitution and Is charged
with all the duties and responsible
ties and has all the necessary powers
for the conduct of the penitentiary,
and Is accountable alone to the Gen
eral Assembly OF Virginia. which body
alone has the power to order an In
yeStigation,
DIR. Darlington. it is understood. will
continue his fight in the Legislature
IL denied an investigation at the hands
Of the Board of Charities.
May He Called on.
In event Governor Mann agrees
with Attorney General Williams in
the view that he has no power TO
order the investigation asked TOR the
meeting Of the State Board will doubt
less be called of.
The Governor will doubtless take
action on the matter to-day. A
prominent official in discussing the
request OF DIR. Darlington for an in
yestisation yesterday. stated that he
could not see that there were good
grounds for such an investigation.
No charges had been made against
DR. Darlington. The statement of
the four members of the board as to
conditions a, the penitentiary could
not. he thought. be construed as !,
reflection upon that gentleman or
upon his administration. 1t might
have referred TO strained relations
between the doctor and the board.
such as made 1t impossible for them
TO work together in harmony. Such
a condition might very readily exist
and still in no way reflect upon the
incum bent of the office. who was not
removed but was merely not re-eiect-
ed for an additional term.
The State Board of Charities and
Corrections is created by statute and
does not draw its powers from tie
constitution. and some gentlemen of
legal attachments do not consider
that 1t should have or does have what
might be termed q supervisory power
over the acts Of the Prison Board.