New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1876-01-10
INSANITY AND CRIME.
PROF. oRpRoNAUx.s REPORT.

yRoM THE REGULAR CORRESPONDENT OF THE TRfBUNE.l
ALBANY Jan. S.-Prof. Ordronaux, State Commits
sener in Lunacy in his report recently submitted 10
the Legislature makes interesting observations
In regard to needed changes in the lunacy laws lie
says
Experience shows that some amendments are neces-
sary 10 enlarge and strengthen the operation OF our
lunacy laws Thus Sec 81 OF Art Of Section l., Chap
Ter 44o OF the Laws of 1874 which confers upon the
Governor powers conferred upon Courts
OF Oyer and Temner in the cases OF persons cohncu
under conviction oenses for which the punshments
DEATH needs an amendment determining what shal DC
sone with criminal under sentence OF death whose
insanity Is established by commission subsequent
to conviction and who, after being resenced sent
10 an asylum his Under existing laws
he must be released. His removal to an asylum by
order OF the Governor becomes tantamount 10 pardon
10 take effect upon his recovery, since there is au
thory TO send the purpose OF being resen
fenced Some law is needed 10 cure this defect Or else
the should be empowered to inquire by commits
sion into the his mental sanity at the date OF the
ofense with which he stands charged. Then II he Is
shown to have irresponsible at that time, no impu
tation Of guilt attaches him, and he theroupon falls
category of those who have been acquitted upon
trial on the ground Of insanity.
The time would seem to have arrived also when from
experience of the mpossbity under existing laws of Civ
ing immediate relief to the insane wrOnged. the Com
missioner shoud be empowered to act sumnary ana asa
magistrate pro hac rice The wrongs committed upon
the insane asyums Of two kinds VIZ either tOTS
or omissions supply them with the necessares OF NE
Either of wrongs II to be remeded should be rem
eded at Every day of delay is an aggrayatlon 10
the lunatc, who, being in confinement, cannot 30 III
quest relief Unless it come to him, he may never
receive it through the distinct agency of courts Again.
when a uuac made just complaint of abuse al the
hands Of an attendant it is cruelty TO leave him In the
custody such II the managers OF the asylum
will not the patient to some other ward, or dis
miss the attendant the Commissioner in Lunacy should
be empowered to do either both Of these things as
measure OF equitable relief
And in cases where managers themselves are a fault
in not supplying food, SHELTER clothing in sufficient
quantity proper quality oradeGuate medical assist
anee OF the requisite degree Of skill, the Commissioner
should be Ia like authorized TO issue process
under his official hand and seal compelling them TO do
it. The present statute makes HIM the sole judge OF the
existence of such necessities but requires that he should
20 10 Justice Of the Supreme Court for remedy Now
under system OF practice 1t would be difficult to say
what legal remedy could be asked for IN such
cases. The peculiar circumstances OF "a lunauc
when the subject of miSfeasance at the hands OF
his custodians require an equitable remedy OF
nature which is hardly in the power OF the Supreme
Court to grant The proper would he to empower
the Commissioner in Lunacy to issue, upon evidence
under oath before him. order nS directed to the
superintendent and managers Of any institution in which
wrongs being done TO the insane, ana requiring
them to apply such immediate remedy as the Commits
with such order complete disobedence, it should be
made the duty of any Justice Of the Supreme Court
before whom such facts officially certified by the
Commissioner in Lunacy, 10 issue permanent man
damus to the parties thus offending.
satisfied that such swift remedies could be applied
to cases OF official delinquency in lunatic asylums az
would render their less frequent 1t is not in
State asylus that such delnqucnces occur but III
county asymns and poorhOuses Of which there over
sixty In the State
Our State and county aylums aud poorhouses contain
in aggregate 1913 OF such persons, large proportion
Of whom are liable at any time explosion Of VIC
lenee terminating IN harm to others Under these cir
cumstances, it would seem TO be the duty OF the State
to provide institution into which, for the protection
of society as wen as the medical treatment OF
their disease epieptcs be collected In every cx-
listing institution their presence is dreaded, because OF
the violence TO which they prone. They need as
much medical supervision do the Insane; aud then
disease generally tending 10 moral abasement ana VIC
leuce the is mol far distant when il may become eX
peiient include them legally among the insane ana to
require their forcibe detention in curative nstu
ton. New bulwarks OF protection must be thrown
around society in proportion new dangers seem to
menace it, And Of all physical avenues 10 crime cpl
lepsy Is through which the most violent macfac
tors unconscousy travel their way to the commission
OF wrong.
That the facts stated above have reached day Of
practical Illustration, Is but too plainly revealing itself
IN the history OF criminal Jurisprudence Crimes OF
violent character multiplying with fearful rapidly
and every circle Of society to contribute its quota
10 swell the number Of perpetrators. Causes Of mani
fold nature acquired by ancestors transmitted to of
spring and by them steadily intensified, tend to pro
duce series Of results whose last expression s either
insanity or crime both. While recognizing therefore,
mere differences Of meuta constitution natural con-
dItlons in wise derogating from health, Ii
is impossible 10 regard exaggeratons OF eccentricy
any other than perverons tending to grave disorders
Nor necessary that special act OF overt wrong
shall be committed before be justified in saying
that such mind is constant menace 20 it, p0ssessor
and to society. science, when applied to human gov
eminent means provision Of contingencies not yet ar
rived, and proper provision made To encounter Them
there would TO be Just reason why dangers 10
the lives of citizens from latent uDacy should not be pro
vided against in the same way as IRON any other equally
weilestabisled source OF evil Now any epiloptic %lo
has once exhibited disposition 10 Violence i Iisei
Gus member OF society. No matter what ms edu-
gifts NAV be- he is nevertheless con
slant menace to himself and 10 others. II be
of sefcODce his disease VIII lnd IN either rnfui
soil violent and explosive development. Under or
binary and mechanical calls 70 action such mind may
he able TO control Itself ana retain M the ON Wald APP
pearaucos of legal sanity, but let tie least strain come
upon IT, let passion sur II 70 the ceagi' ana We can eA
poet but one result In cataciysn OF violence terminal
lug either in homicide suicide. Numbers or such per
walk streets, and some OF them carry concealed
weapons winch tey arc put "o ici,S ~
use and 10 uncOnsciously upon the slightest
provocanon. Knowing these facts to be verified ny tc
statistics Of the criminal courts, would not the state be
justified in passing law making II necessary thal every
violent epleptc should, If at large have committee OF
the person appointed who should give bonds LOT M
peaceful behavior and safe custody, and be authorized
10 surrender MIN into the custody OF ~ eiepc asylum
whenever his condition may require & At present. II Is
true, special hospital for epiiepties But the
only part OF the testimony TO us necessity when
can be collected from all quarters Oi the state
STATISTICS OF CRIME.