St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1894-01-21
THE INSANITY LAW.
DR.. Talbot Jones Replies to the
Globe Structures.

contain so many glaring inaccuracies of
statement and so much ignorance OF the
law now on the statute book that L beg
that Ynu will allow NE to briefly present
the other side of the case. A careful
peruSal of your editorials shows that
your chief indictments against our pres
ent law is that lit gives to a commission
of two physicians power to conduct an
eX-parte examination of the party ac-
cused, and. without giving that person
an opportunity of defense, commit him
or her 10 an asylum"
That 1.-THE judge of the court has no
authority under the law to reject
absolutely the report of the COM
mission, for he is not permitted
to hear or consider the testimony upon
which 1t may be based" That under
the present law our citizens are liable
to imprisonment, either in jails or in
sane asylumS, at the option of an ire
sponSible star chamber tribunal, having
no shadow OF right to existence under
the constitution" That 1.-THE constitn-
ton provides the right of trial by jury
shall not be abridged or denied to
any citizen" violated by the present
law. That sit is possible to takesfrom
persons accused of Insanity the right to
be examined in open court before a
properly constituted tribunal" You
| also say "that the two physicians to
whom case may be referred may be
| preJudiced against the person." and
| that under these circumstances cit is
hacked
! Now, these are indeed serious charges
| if they can be substantiated, but that
| they are nottrue will he the object of
| this article to show. The general law
| of Minnesota of 1898 relating to the
commitment of the insane, against
which your indignation is aroused to
such white heat, is a singularly con-
siderate, milo, and humane docu-
ment; and after reading it one
wonders. first, If you ever really read
the law, and. second, if so, how you
could have worked yourself into such a
passion of resentment against IL, pro-
visions. Section 10 says: whenever
the probate judge, or III his absence the
court commissioner of any county, snail
receive Information i'll writing that there
is an insane person in his county need
Ing care and treatment the said Judge, or
court commissioners, shall, by an order
Ill writing. direct two examiners in
luhacy to examine the alleged insane
person, and certify to him Within one
day after their respective examinations
the result Of such examination, with
their recommendation at To the special
action necessary to be taken in the case
If the examiners certify that the person
SO examined is not insane, the
Judge Or court commissioner shall
al . III, L.,
shall call other examiners, or take
further testimony. But if they testify
that he Is insane. and proper sub ect
for commitment for any of the reasons
specified in section II of this act, said
Judge Or court commissioners shall
visit the alleged. insane person, or re-
qulre him to be brought into court, but
he shall cause him to be fully i'll
formed of the proceedings being taken
against him. He may, ii lie deem
it advisable, take further testimony
or call other examiners; but mall cases
before ISSUING warrautof commitment
the judge OF probate or court commits
Sloner shall notify the county attorney,
who shall appear Oh behalf OF the
alleged insane person. and take. such
action as he may deem necessary to
protect the rights OF such per-
son. If satisfied the person is
insane and the reason for his
commitment is sufficient under the pro-
visions of the act. he shall approve the
certificates OF the examiners and issue q
duplicate order and warrant, commit
ting said person to the custody OF the
superintendent of the proper state hos
| pital for tue insane, OF tue Saperintend-
ent or keeper of any private licensed
institution for the care of the in
sane, and shall place said order and
warrant, together With certified copy
| of the certificate of the examiners in
| lunacy, in the hands of the sheriff, or
| shall authorize to convey said insane
| person to the hospital"
1t will thus be seen that after the
| examiners in lunacy have examined
any person and found him insane, the
law prescribeS that the ''probate Judge
| or court commissioner shall visit the
! alleged insane person, or require him
| to be brought into court" land to be
| fully informed of the proceedings taken
| against him." and shall in ''all cases
| notify the county attorney, who shall
appear on behalf of the alleged insane
| person and take such action as he may
deem necessary to protect the rights of
said person."
/
| free legal services to every alleged lu-
matte. What greater protection could
the law throw around an alleged insane
J person The GLOBE writer speaks
wildly ''of railroading people to the in
| sane asylum" and that any citizen, no
matter what his mental soundness or
| social standing may be, is liable
to be thrust into the company OF
lunatics and kept there indefinitely at
the caprice OF any enemy" Now, this
is all very absurd, but let us admit for
arguments sake that such thing were
| attempted, what obstacles would one
| encounter before such foul conspiracy
could be conSummated? First, two
medical examiners would have to be
| found so lost to all decency and honor
as to become party to such an outrage,
and that, too. for the paltry sum of IS the
| amount of their examination fee.
Second-The judge of the probate
court would have to be deceived or de-
| bauched ''Since lie too must visit the
alleged insane person" and satisfy him
| self as to the sanity or otherwise of the
person. Third. the county attorney
who appears in behalf of the alleged
insane person would have to be dealt
with or silenced ere the conspiracy
could be successfully carried out. In
| otheI WOIuS lue PROBATE Judge, the
county attorney and two reputable
physicians must all be in the conspir-
acy against the poor insane person, and
all thus become partceps criminis.
That such contingencies are ever likely
to arise no sensible person, l think,
could for moment believe. | do not
know what methods are adopted in
dealing with ALLEGED insane persons
| Ill any county i'll Minnesota
save Ramsey comfy; but fifteen
years. experience here enables me to
| speak from personal knowledge. In all
that time, and have examined scores
of patiento, no examination has ever
been conducted except in the presence
of the Judge of the probate court; and
i'll only one case was the examination
ever conducted except in open court,
and generally before numerous wit
nesses. In the single exception
| noted the examination was made