The times dispatch. [volume] (Richmond, Va.) 1903-1914, 1911-11-01
Ousting of Surgeon Is
Aftermath Of DR..
Mann's Election.
WILL NOT ACCEPT
HIS DISMISSAL
Denial by Darlington of Right Of
Board to Remove Him With
out Allowing Him to Defend
Himself--Dr. Oppenhirner
Elected to Fill
Vacancy.

III feeling between DIR. Charles V.
Darlington and the members of the
board of directors of the state Peni-
Tertiary reached a climax yesterday,
when, at meeting of the board, DIR.
Darlington was summarily removed
from the office of surgeon at the prison,
effective to-day. DIR. W. 7. Oppenhimer
was elected to fill the uneSpired term.
which extends to December 81 OF this
year On January l DR.. Herbert Mann
Will assume the duties and RESPONSE
bllities of the office.
Denial of the authority of the board
TO remove him without first preferrins
charges and giving him an opportunity
to DE heard In his own defense was
later made by DR.. Darlington, who SAW
lie holds himself ready to continue TO
perform the duties of surgeon until tho
expiration fIthe term for which hu
was elected. ISL
Begins Duties To-Day.
1t Is not known II this will cause any
sort of clash between DIR. Darlington
aud DIR. Oppenhimer. The latter Is re-
quested by the board to appear at the
penltentiary at o'clock this morning
to perform the daily sick round, or else
send representative for this duty.
1t was understood last night that Or.
Oppenhimer will accept the position.
although 1t came as n surprise to him.
The presumption is that DR.. Carving.
ton VIII offer his services, so as Ia
make u claim for salary or as bnsIs
for legal proceedings. which will bring
to light che reasons for his dispiace-
ment on September so and for his ra-f
moval from office yesterday
Action Was Expected.
Thts action on the part of the direc
tors was predicted in The Times-Dis
patch OF October Z. and has becn dali.
expected by those familiar with the
situation ever since that time. It was
Known that members OF the board re-
scented various publications IN the for'iii
of interviews with Dr. Darlington or
statemcnts signed by Him. sharply
arraignins the directors for stating,
when clecting DR.. Herbert Mann 10 sue
coed him, that conditions ut the prison
required such action. The surgeon re
gardcd this as "A serious reflection on
his character or his efficiency, and In
sisted that his Administrations of affairs
be thoroughly investigated
lie has repeatedly made efforts To
secure an investigation at tho ha.ds
OF the State Board of Charities ana
Correction. The members of that body
could not tlnd authority to take UP
the matter without direction by the
Governor. Tile latter who has also
been sharply criticized by Dr. Caring.
ton in connection with the election OF
his nephew. DIR. Mann referred the
legal phase of the situation TO the At
torney-Generai, who rendered u decision
only few days ago to the effect that
the hoard was without power TO make
the sort of investigation demanded by
Or. Darlington.
Wanted Particulars.
In statement given to the public
last evening the directors of the peni-
Tertiary advance as one of the reasons
for the removal of DIR. Darlington that
he has failed 10 make satisfactory reply
to request for information directGd
TO him on October .. The board at thai
time desired to secure particulars re-
garding certain accusations made In
the public peint by the surgeon. In
reply DIR. Darlington said that he had
reported cases OF unjust or brutal
treatment of convicts to the super
intendent. AS to the other information
desired. he withheld 1t In anticipation
of an investigation. either. as asked by
him. at the hands of the State Board or
Charities aud Correction, or else. as
asked by the board, at the hands OF
the General Assembly.
1t was stated last night that All ex-
animation of the records showed that
Dr. Darlington had made no report of
unjust treatment of convicts to the
superintendent in writing since 1907.
At that time his charges, it is further
said, were investigated by the hoard OF
that day and found without .oundation
The vote OF yesterday by which he
was removed stood four TO one just
as on the proposition to elect Dr. Mann
The dissenting voice was that OF Major
James ID. Patton. chairman of the toard
Or. Cppenhimer was elected by unani-
nous vote.
Resolution of DIsmissnI.
Following Is the official notice OF
removal, served last evening on Dr.
Darlington. together with copies OF
other papers referred to:
Richmond, Va. October 81. 1911.
Whereas on the 9Th of October, 1911,
the board of directors of the peniten-
tiarv addressed to DIR. c, " CARING
ton the following:
you are requested To advise the
hoard in writing, not later than Thurs
day, October u, 1911. as follows
81 What conyicts have been un-
Justly treated by the TEACHER Shoe
Company, successor TO the Davis Boot
and Shoe Company. or by any official
or employee OF the penitentiary acting
in the interest of the shoe company
Also name of any convict who has been
retained in the pententiary unjust!y
on. account of these acts, giving datea
and particulars
90 Ii prisoners We're treated In this
manner 10 Your knowledge. why did
YOU not report such cases TO the super,s
intendent or board? r. shchSrsport las .
been made, to thess supeiiptendentsS
please give copy OF Such report ii -on
writing, or. il verhsf state iwhengt.
20. state the assistants under. and
perintendcnt Wood who arc not Il 49,
him their.suppprt in the work, aneMS.
are subject To the influence giving
I, Thachcr Shoe Company.
state whether the pubpsgsl