The New York herald., 1878-03-12
PROTECT THE SANE
Chief Justice Noah Davis on
the Lunacy Law.
THEIR IMPERFECTIONs.
important Amendments Proposed and
Recommended by Him.

Judge Noah Davis, as Chief Justice OF the supreme
Courl, being the highest judicial authority of this
city, his views sought yesterday upon the grosa
abuses growing out OF the lunacy law which
posed IN yesterdays HERALD. Judge DAVIS. who had
maniestly devoted much serious thought TO the sub.
jec readily expressed his opinions this important
matter
"Do you think that the present lunacy law provides
sufficient safegu yards against the commttal OF sano
persons TO unatic asylum ?" Judge DAVIS was asked.
Judge DAVIS called tor the 'Laws Of New York Tor
1874 and putng his finger at upon chapter 44U,
he said :"Ihe present law, passed May H. 1874 - q
great Improvement upon the former statute, and,
believe, oil the best lava passed by any Legsla.
upon the subject; but yet regret 10 say, does
seem to prevent IN all cases the conmital of sane
persons to unatic asy lums Moreover the law bus
loosely carried out by the physicians. upon whom the
duty OF committa rests, and who sometimes commits
persons Who instead OF bcrg really llsano or OF
unsound mind. are only eccentric or odd"
"Arc not the judges who sign tho two physicanss
certificates oi commttal also rcsponsIbIeY'
"No, they are not The law does not require them
to satisfy themselves whether the person commItted
really not but the judges signature only
serves verlcaton de jurat Of the iacts sworn to
by the physician In the cer,ncate that hc 10 grad
uate OF medical college empowered by law TO confer
adipoma OF NJ d.; that he has prac,sed physi-i
clan; that his qualifications as a medical examiner
in lunacy have been previously sttested ana ccr>
titled by the judge OF some court Of recorJ, &C."
tbs CERTIFICATES OF coAMIrrAL
An examiuaion OF tho printed forms of medical
rt.ncates whicn alleged iunatIcs aro committees
subsequently, proved the correctness OF Judge Davis'
view. ihe certificate reads that al, N. N, residens
OF New YORK, tho county aforesaid, being a rradu.
OF such and such college, and having practsed
q physician, hereby certify unaor oatn that on
civ IN uld n
tstating SEX age, married single and occupation)
and that the said person Is insane ana proper person
for care und treatment undor the provisions
Of chapter 4l6 OF the Laws OF 1874.
further certify that have formed this opinion
upon the following grounds, vz:-'And further do
clare that my qualifications as medical examiner In
lunacy have been duly attested ana verified by such
aud such judge Then comes Sworn to and sub
scribod before me- and tho Signature Of the judge,
showing that tho latter Judge only cernes these facts
having boon to before him"
"What do you think OF tho now iupacy law intro
duced by Mr. Than and published In the HERALD this
morningP"
81 think Il means well, hut has some obvious de-
fects Tho 1rst cause, requiring jury trial In every
except OF violent mania, before c0mmittal.
would entail TOO much trouble and expense
upon the community. The second clause,
allowing no summary committal except In
cases Of furious mania, would leave the commu-i
nity TOO unprotected. We all know that people arc
incipient stages OF insanity, when they should
be committed heioro they become violent enough Ia
| do harm. This law would compel the physicians to
stand st'il until tue patient has actually pocomo =
| iur,ous madnan." easn. 'ii'
''May ask you, Judge. to give the HEaArpyour
tdens ol such improvements upon tho present law ~
| your experience upon the Bench has suggested 2"
| THE PHYSICIANS ovEKHAULED
~ Will do ~ win pleasure. A. present any two
physicians who have Obtained tho certificate 'vf
| JuoRe OF any court oil record may commit person
alleged 70 DO insane by his or her relatives TO the iu
sane asylum rbo only qualifications provided By the
present law arc that he shall be 'o reputable cha
racter graduate OF some Incorporated medical coll
lege, "A permanent resident OF tho State, and shall
have been the actual practice o mis- profession at
least three years Under these PROVISIONS almost any
puysicmn can get certificate from some Judge OF
court oil record especially there are twentyseven
sucn judges IN this ctv-hvo IN the Supreme Court.
SIX Ia the Coumon Pleas SIX u the Superior, six IN
the Marine three IN the Gcncral Sessions and one In
| the Surrogate's" /"
| "Ihc APP ointment OF these physicians as Medical
| Examiners IN Lun"cy should then be surrouded with
greater safeguards IN your opiniOny'
'fos, bc0vc u Should coLsidcrinR that these phys
sic,e us hold the iibcrcs OF men ahd women ~ theS
power The law should be 50 amended ns to place
,neir appoinmcn lever hand my IN tnose OF tbs
Judges the supreme aud Superior Court only. Aud
the law shoulu DO furthsr amended TO make
a! ointment not by the juugc but Dy the court
The physician instead of coming into the JUICES pri.
vate room aud veiug Introduced by mutual friend,
snouid nave To make his application in open court
II tho application thea PUBLICLY refused In
court hc Will not nnd ~ s0 easy to get Certificate III
the othcr whiIe now, II ono Judge refuses him,
| ho muy 20 any the other twcnty-
SIX and leave them In ignorance OF the
fact that his previous application hus already been
refused. TINS change IN the Itw think would tend
exclude such questionable physcfans should nos
10 intrusted WIN the power OF sending persons to
lunatic asyium.'
"Wnsi other safeguards would you suggest, Judgcf"
Two IMPORTANT SAFEGUARDS PROPOSED
'Io make tncse committing pny sIcans more care.
iui the Jaw should amrudcd to compel thcin.
alter having committed any person alleged TO be IN.
sane, To iornwtn nii out ccrtIncato IL that elect,
iuly stating toir reasons Tor believing that person Ia
Dc oi an unsound nind, wnch ccrtihcate shouId DO
nci with one OF tho higher courts OF record say tue
Supreme or superior, and there DC placed on nlo.
This would mako physicians more CAUTIOUS. and
The certificates on ne IN the court would be sccos-
solo to The press II would int urc that publicity
which, however painful Ia somo cases II may be, Is
yho surest safeguard against abuses. But perhaps
the most important amendment l would suggest Is
that tho warden or superintendent OF every asy lu,
public OF private, should oc required within three
days alter the conmittai oi every person alleged 10
be insane 10 report 10 one oil the higher courts or
OF the comnital the reasons gven IN the puysicana
certificate Ior believing that person 10 be insane, as
we'll as his cancellations To his or her sauty
INSANITY. Tue Court should th"n be empowered "
the law TO ior,hwith Institute IN inquiry by sucn
competent physician or onicer OF tne court
tain whether the case snoud be submitted
10 jury or whether II should otherwise
become subject tor judicial investigation In court.
II tho rciutor ID without means ths inquiry shoud bo
at the expense oi the county. but tue Court should
have power To impose costs ars expenses upon tho
petitioners relatives seeking TO commit the alleged
iunatc u his SANITY should be estauished"
MAXI a FELONY
'.ls tho punIshnen provIdea present Tor sending
sane person 10 Iunatic asylum adequate, IN your
JudgmcDtp
With srcat earncstncss tue Judge repicd:-"I think
not Al present u Is uisdctncanor at statue ~
well as a, our common law, hko any otnor con-
spirucy against liberty, but AIN worry much IN
favor oi enacliug special statute ou the SUD-
jccl which shall make u a ie.ouy 10 viii.
fully aud maliciously conspiro In order to
] connne person not insane 10 Iunati0
Us, lum cannot conceive OF creator crime against
liberty, and We all know thai ~ has been doue thou
sand tunes. Many years ago. wbcn was Judge oe
tue supreme Court In Erie county such cuss OF con-
spracy tricd before me aud remember that upon
that OCCASION all the parties Interested, physicians
ana all, were convicted aud punished Judge Fithian,
now IN this Guy, was then District Attorney OF Ere