The times dispatch. [volume] (Richmond, Va.) 1903-1914, 1911-10-30
DECIDES AGAINST
PRISON SURGEON

In section quoted, and II is upon this
point that desire your opinion AZ
yours truly,
(Signed
"WAI. HODGES MANN,
Governor"
Section las of the Constitution pro-
vides us follows:
There shall be appointed by the
Governor. subject TO confirmation b.
the Senate. board OF Ave directors.
which. subject to such regulations and
requirements as may be prescribed by
law. shall have the government and
control OF the penitentiary, branch
prisons and prison farms, and shall APP
point the superintendents and sur
geons thereof"
Section 232 OF the Code carries out
this. provision OF the Constitution in
practically the same language as is
used III the Constitution Itself.
Finds No Authority.
L can find no other statute which
would authorize or warrant you in
directing the investigation asked for.
nor have i been able to find anything.
either in the Constitution or in the
statute law of the State, giving the
Governor the power or control over or
in any way TO Interfere with tho dis
erection vested By the Constitution and
laws In the board of directors Of the
penitentiary in the matter OF the Sc.
lection OF a surgeon.
The question, then. must turn upon
the true intent, legal effect and
meaning of the statute. to which you
refer tSee Acts of 1905, p. 1859
The title OF the act Is as follows:
Chap. 27s. An act to establish a
board of charities and corrections, to
N nv 81
pensation of said board and subordi-
mates and to provide for the manner
In which they shall be appointed TO
said Offices"
After providing for the creation CT
the board, and making provisions In
regard to the office of the board, the
appointment of secretary and max
Ing an appropriation for the malnte-
nance of the office of said board. in
Guiding the salaries and travelling eX-
penses of the members and its paid
employees and other expenses. and after
providing for the qualification of the
said board and Its officers. In section
1t is provided as follows: THAT the
duties Of the board shall be strictly
visitorial and advisory. without ad.
ministrative or executive powers"
As TO Boards Duties.
Provision is then made as to the
duties of the said board, amongst
which 1t is the duty to visit, inspect
lions. the penitentiary of the state
The act also makes other provisions
as to the dutLAs of the board. unnec-
cessary 10 be mentioned here.
Section requires quarterly reports
to be made to the board by the Su-
perintendent OF the Penitentiary.
Passing over the other provisions OF
the act not germane to the point now
under investigation. in section l6,
which you quote. And the following
provision:
~, hencver the Governor considers
1t proper or necessary to Investigate
the management of any institution re-
ceiving aid from the State and re-
CURED to be inspected under the pro-
visions Of this act. he may direct the
Board of Charities and Corrections or
any committee thereof TO make such
investigation a. he may require"
Constituting the whole act together,
its evident object and intents. and con-
strung said provision of Section l6
in the light, and under the limitati lions
contained in Section 8. which denies to
this board any administrative or execu.
tive powers in regard to said institu.
tons. am Of opinion that the only
Investigation which the Board OF
Charities Is authorized to make of the
penitentiary is such investigation as
prescribed IN Section s. the language
OF the statute on this point being as
follows:
THE board shall make reports re-
g-rIding the condition Of said institu-
lions or associations. the caro- of their
inmates, the efficiency OF their admins
tration and such other matters pertain
Ing thereto as IT may deem proper"
snys They Have No Powers.
1t seems to me that this law does
not authorize either the Governor to
direct, or the Board of Charities to
make. any investigation in regard to
he manner in which the board of di-
rectors of the penitentiary shall axer-
else the functions. powers and discre-
tion in regard to the management of
the penitentiary which is vested in
, said board by the Constitution and
laws of this Commonwealth.
1t is the results of the management
of this institution which the Board
of Charities and Corrections can be
called upon to investigate and report
on.
They have no administrative or
executive powers. either to revise or
to have executed any of the powers
of administration which have been
vested by the Constitution and laws In
the board of directors Of the peniten-
tiary. The board of directors Ia alone
| vested by the Constitution with the
power OF appointing the surgeon of the
! penitentiary and. in my opinion, the
| reasons which actuated the board in
making such appointment cannot DO
made the subject Of an investigation
at tho hands of the Board of Charities
and Corrections; nor can the Governor
I direct tho board to make such inquiry.
1t Is true that by the Constitution
the Governor is charged with the duty
of seeing that the laws arc duly exc
cuted, and should the penitentiary
BOARD refuse to perform any of It's con-
stitutional or statutory duties. and re-
fuse to appoint the surgeon, or to
perform any of their plain duties. or
should the board improperly perform
their duties, then the corrective is to
be found either in the courts or by
Legislation.