Watertown republican. [volume] (Watertown, Wis.) 1860-1906, 1884-01-16

UENTIEM DUTSWanCC TUQUUbI
of your honorable committee 1 have endeavored
to, as far as possible collect the moneys dne 10
the county for the support of insane patients In
the various asvlums 0f this state To some ex-
tent the work has been successful, although 1t
has necessarily heen accompanied with vast
amount of very disagreeable labor. However,
SO much has been accomplished as leads me to
believe that the hard work is thing OF the past
and in the future the work will continue TO be
more smooth and successful. In the accom-
plishment of the work have OF necessity been
compelled to institute in several cases legal pro
ceedings in all of which have been successful,
and the nature of which will appear more fully
from nv detailed report. [ will with your kind
permission take up each case handed to me by
your committee and report upon them eeVeraily'
BozHARDT A. The patient has no property
out of which collection could be made, and those
legally responsible for their support are also IN
the same condition, | therefore deemed 1T ad-
visable to not push the matter until ADVISED by
the County Board or your honorable committee
ELIZABETH MEYER. The amount due to the
county for the support of this patient to-Wlt, the
sum Of S2636, has been paid and further was
enabled vest. rday to get into my possession the
sum of S30.14 towards her support for the past
year.
| filed the claim with the county court and the
same was duly allowed in full at 5000 ana mas
| since been paid to me by the administrator ol
VERGENs AUGUSTA. The patient has no prop
| erty out of which collection can be forced, or
ANY relatives legally responsible for support out
! of whom it can be collected.
WILSON NARY. The patent has no property
| out of which collection can be made ana no reld-
| tive legally responsible for support out OF whom
| it can be collected. III this case | would state
that the mother of the patient has life estate in
/ q small property in the village OF Lake Mills,
| which by the terms of the deed becomes the es-
tate of the patient in fee simple at her mothers
! death. Tie relatives inform me that after the
| mothers death they are more than satisfied that
| the county should take the property for thepa-
| TENTS support.
TRUcKs o. C. In this case 1 was unable to
| find that the patient has any property in his own
| RIGHT which
| had therefore made demand upon the father gof
| the patient for payment, but up to date my de
mand has been ignored. nave deemed II ad-
| visabe not TO commence suit without further In
| structons to that effect from your committee.
MITCHELL VIM. In this case have the same
| report TO make as in the case Of Geo. &. Trucks.
CCgTER J. AVERY. In this case after repeated
| demands upon Mr. Adolph Scbueber, the gener-
| al guardian OF the patient, and many refusals
| to pay, commenced suit in the Circuit Court OF
| this county and upon the 2lst day of Sept 1888
recovered Judgment for the sum of five hundred
| and thirty-three dollars and twenty-four cents
damages and sixty seven dollars costs, in all the
| sum of six hundred dollars and twentyfour
cents The property of the patient consists
wholly in money received from the United States
Tor pension and is all in the hands of Mr.. Scheu-
beT the general guardian, Pension money by a
very late decision OF our Supreme Court has been
declared exempt from execution, and the guar
dian taking advantage of that decision Ca decis-
ion by the way that has been very severely crit
icised by the courts of other states } refgses to
allow the money to go to the support of the pa
tient, and thereby compels his support by the
county. 1t is certainly very unjnsI and think
some steps should be Immediately taken TO have
the patient removed 20 the National Home, if
the guardian continues to refuse to pay for his
support This case is worthy of your deliberate
consideration.
RAY w II. In this case after mature consid
:. Grafton I became satisfied that the patient a
Ch arge upon Milwaukee county, and Immediate
| ly went to Milwaukee and procured the evidence
OF the patients wife and other relatives upon the
subject, and made odt oul claim against the
| co unity, again visiting Milwaukee in April and
e | tod he so m N hoard
of that county then in session, which refer
red 10 the proper committee This commftte
, will report at the annual session of the County
Board, and am fully satisfied the claim will be
allowed. as the Evidence / have presented is
| conclusive. The amount of claim is about 5000.
ENTwHIsTLE RoBT The amount of this claim,
$69. II, has been paid in full !.
| HooFER, TnoNBs. In this case the patient
| having no property in his own right out of which
| collection could be made, made demand upon
| his father who refuses to pay. L have been in
clined to Immediately commence suit upon this
| claim for reasons well known to one of the mem
bers of your committee, but upon the urgent re-
| quest of Mr.. Powers, member from Palmyra, ]
have deferred so doing till after meeting of the
: | Board.
QUENrMEYER WM This claim. S24S67 has
been paid in full.
sEELY Geo. L. In this case patient having
no property in his own right out of which col
| lection can be enforced made demand upon the
| mother of the patient who is abundantly able c
support. Mrs Seely does not seem to have any
| desire to avoid payment but upon the urgent re-
| quest of Mr.. Garity, member from sullivan, &C.
ton has been deferred till meeting Of Board.
NORMAN JOSHUA. The amount of this claim,
$5l.60, has been paid in full.
BANKER SARAH The amount of this claim,
S39.S5, has been paid in full.
MARY MCCORMICK. In this case l commenced
q proceeding before the county court to
obtain order upon theIgeneral guardian to pay
and upon procuring the same, the amount, $685.
KERLAN ELsKIN In.this case the husband of
patient having died and his estate being in
course of settlement in the county court 1 filed
| r m ST he in hat ha
| administrator objected to the allowance of the
claim by l. W. 81 G. w. Bird, his attorneys,
whereupOn trial was had wherein the law was
very fully reviewed, resulting in verdict for
the county for $118.S6 which sum has been paid.
BoLTz AMELIA In this case the patient hav-
ing no property in her own right from which
collection could be made and having husband
| living in the town of Sullivan abundantly able
to support her, l at once made demand upon him
| for payment OF our account amounting to oyer
$500, and being refused commenced suit in the
circuit court. The defendant employed l. w. s.
| 6. W. Bird who put in demurrer to the COM
| plant, which was more than satisfactory to me,
| because it at once brought to issue the vital
| question as to whether or not the county could
| collect. This demurrer was argued before
| Judge Bennett on Thursday, Noy. 1St, by Col, G.
| w. Bird for the defendant and by myself for the
| county. The position taken by Mr. Bird, and
| upon which he expected to have his demurrer
| sustained was thatSec. COS, R. S., under which
| the action was brought was unconstitutional, l
maintaining the contra position After a very
| full argument Judge Bennett intimated that he
could not declare the act unconstitutional, where
| upon Mr.. Bird asked the court to take the mat
| ter under advisement which the court did. From
| the remarks of the court / certain that b.
will oVerrule the demurrer and thereby set at
rest the question ofthe county's right to collect
for support of insane patients and insure to the
/ county the above claim Of over $500.
| BENDER MARY. In this case the patient hav
/ ing no property in her own right out of which
| collection could be made, and ascerta ining that
her husband OwneduninCumbered real estate to
the amount of so acres, proceeded to make de-
| mand upon him, but found that he had left the
| county and was keeping himself concealed, at
| the same time he having proceeding pending
in the circuit court through his attorney, n. Bru-
EFT, ESQ.,, to get license or order from the Cir
cult judge permitting him to dispose OF his prop
| erty which otherwise he could not have done, he
| being unable to procure his wife's signature to
deed she being insane. After long search
finally found my man in GAINESVILLE and made my
| demand and getting no pay Immediately placed
an attachment on his property and on June IA,
1888, recovered judgment against him for S400.14
damages and 2.12 costs. l then caused to be
levied upon forty acres OF his land (which sold
| at sherif's sale for 1926. The subsequent costs
| on execution and sherif's sale were $3.50 which
added tC other costs made the whole costs $780,
| 67 which after paying the same from the amount
| of SALE 1925, left the county cash $224.33 and
| Judgment over for the sum of S17581 which judg-
mant over is l think good and will be able to col
| lect the same during the coming winter.