The Richmond Virginian. (Richmond, Va.) 1910-1920, 1911-12-11
FRIENDS WONDER
WHERE HE STANDS
DR.. Darlington is Just AS
Much Perplexed AS Any
of Them Are
TO AGAIN ASK COURT
TO SETTLE QUESTION
Counsel for Deposed Prison
Surgeon to Plan Next
Move AS Result of
Second Ousting

} "HCte 10 you SldHQ HoW, doSNoi
This somewhat perplexing question
was put to DR.. Charles v. Darlington
at his club yesterday.
You can search me- replied the
twice deposed and once reinstated
/ State prison surgeon.
! And that was as far as the doctor
| could go in the way of an answer
| Last night. Dr. Carrins toms state of
/ mental perplexity as to the surgeon
controversy was still in statu quo
/ We are waiting ON Judge Scott.
he said. You know. that suspension
order of his does not expire until Mon
| day night. So | suppose We will have
| TO wait until Tuesday morning before
| calling on him again.
| Things are certainly in muddle"
he went on. and It's hard TO tell where
| they Will end. l don't know what my
| lawyers propose to do, but | under
stand they will get together tomorrow
and discuss the situation"
| Notice Served Late.
| MI r. Il. Thomason, one of the
! doctors attorneys. said yesterday at
ternoon that in view of the fact that
! the prison boards order OF rernoy al
was not served on DIR. Darlington un-
! I'll ii o'clock Saturday night, his
/ counsel had not had time to deliberate
/ as 10 the next move
| we hope 10 get together some time
tomorrow he said, land until then
/ there viii be nothing to give out"
/ Associated with Mr.. Thomason are
Major Miles M Martin and Mr.. John
| Il. Minor. All three have Offices In
| the Mutual Building. and will have no
{ trouble getting together in conference
! today, whenever they find Il conyeu-
! lent to do go
/ Fight to Last Ditch.
/ LIT. Darlington Is taking his secoyd
bouncing very good naturedly. At the
same time. he declares he will fight
the case TO the last ditch. 1t is now
| case or principle with him. and he
proposes to serve out his full term as
surgeon until January. 1912, If il is
i possible to do
Attorney General Williams was not
al nome last night when an effort
/ was made to ascertain from him
| whether the State. on behalf of the
prison board, proposes to note an an
! peal from Judge SCOTS order Of rein
statement entered In the City Cir
.ui. Sourt last Wednesday morning.
according to Interpretation Of the Law,
! by we'll informed attorneys. this an.
! peal must be filed before the expiration
OF to-day. 1t Is also pointed out that
perhaps the state may not deem an
/ appear necessary. now that the board
mas removed DR.. Darlington "after
sumcient notice and with cause"
waiting ON Darlington
ar. Luther l.. Scherer. a member of
.ne BOARD said yesterday afternoon
S ma. .ne next move on the part Of the
State Was not altogether clear to him.
he spoke as If the board wera wait
ing on the Darlington side TO show
their hand first.
II may be stated, however, that
the board feels practically assured
that II has complied fully with the
terms OF Judge SCOTS order. which
directed the reinstatement of DR.. Car
rinGton ON the ground that he was
nrst removed without proper notice
and cause.
| 1t may also be stated that DR.. Car
rington viii make no further effort
70 DC omciany recognized as surgeon
airing OF the case in court
Up to Legislatures.
1t Ia now confidently expected by
persons familiar with the situation
that the approaching Legislature will
take hand in the whole affair and
viii probe 1t to the core, in view OF
charges brought by Dr.. Darlington
| against the prison management.
Meanwhile, the prison board has set
December "a as the date for it's in
VestiSation OF the charges which are
TO the effect that a certain Official
or officials or employees OF the Vir-
glnia penitentiary are improperly In
fiuenced or controlled by the Thatcher
Shoe Company. lessee of convict labor
In the penitentiary, and that men are
being detained unJustly and prevent
ed from obtaining paroles or pardons
10 WHICH they are entitled. sa.
Witnesses Summoned.
In addition to DR.. Darlington. the
Following witnesses. offered by him.
are summoned to appear and testify
at tho investigation: Clyde w. Saun-
ders. John c. Easley. Mrs Landon
the Rev. s. c. Hatcher.
BesideA DR.. Darlington Ii entitled
to produce any other witnesses he
may deem necessary.
In diminishing DIR. Darlington Satur-
day afternoon after a brieG hearing,
the board issued a. statement setting
forth the reasons for its action. The
statement con !udes with:
The discipline of the penitentiary,
owing to the character OF its inmates,
must be firm. and II is not possibly
consistent with the welfare OF the
institution for it's hoard OF directors
~ pSkuAA among us
officers. Therefore, In consideration
of the proven INSTRUMENTATION and
misbehayior of the said C. " Car
rington. and acting within the power
given them by the constitution and
laws OF this State. the said board
now doth remove the said G. v. Car
rington as surgeon Of the Virginia
penitenttary: and this order shall be
spread upon the minutes of the
board: and the clerk Ia directed to
forthwith serve . copy Of this order
upon the said C. v. Darlington"
burlington Replies.
In the following statement DR..
Darlington made answer to the
board:
THE said notice A. 30 vague and
indefinite In Its terms that the re-
spondent II in great doubt AZ to what
are the specific acts with which the
board intends 20 chargs him. but. a.
AContinued q fieth Pagel.