St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1894-02-22

Qualifications.
1t is apparent to any n that neither
m or the other assertion quoted from
Mr.. Tawney's letter is borne out by the
facts.
l am very glad TO bear witness to the
general excellence of the law of 1893.
aud willingly acknowledge the value of
the work Of Mr.. Tawney and his col
labOrateurS on the original bill.
The law is patterned, as Mr.. Tawney
truly says, after the law of New York
and of other Eastern states, and is in
finitely better than the method of pro-
cedure heretofore in vogue in this state.
The law of 1893. In my opinion, leaves
much to be desired. AS to the defects in
the commitment clause, they are OF
such a nature that the learned judge
had no alternative than to pronounce the
law unconstitutional. but, paradoXical
as it may seem. the Opportun-
ity for fraud and crime IN
the commitment of a person TO a
hospital for insane is much greater
the old law any person, whether through
malice. or for a mere joke, may file an
information of insanity against another.
and the escape of the person against
whom the, information is filed might
depend entirely upon a combination of
fOrtuitouS circumstances. | myself sat
upon a jury in such a case, and doubt
less persons have been committed to an
asylum. here and elsewhere. may be by
''due process of law and yet in an in
famous manner 1t is a lamentable fact
that neither the average physician. much
less the average layman, is competent
to determine the insanity of a person in
a given case. Some of the most danger
Gus of the insane are those in whose
case the most conscientious and learned
tecting a diseased mind. Every ply
stefan of considerable experience will
be able to recall cases in which
an insane person had gone tor years
undetected. had squandered a fortune.
Or finally committed murder, unSus-
pected, by the average observer, of any
mental faint. On the other hand, when
it is considered thai a. false accusation
of insanity operates in the way of an
attalnder and renders questionable the
validity Of every later transaction In
that persons life. and affects the title
to property, it will need no emphasis
to convince fair mind of the very
grave responsibility resting upon an
examiner in lunacy." 1t was in view
of this that MIR. Tawney's bill coll
tdihCu tnO uEOo1 CACCllOHt plOeiolOii,
section % of the law of 1898, making 1t
a felony for any one, through malice, or
for a corrupt consideration, to procure
or attempt to procure the adjudging of
a sane person insane. The very high
opinion in which the writer holds
the legal abilities OF the dis
tinguished father Of our insanity law,
the law of 1913. led him to suppose that
Mr.. Tawney had at least provided In his
commitment clause that 'due process of
law" should be had, and this considera.
ton doubtless actuated every member
of the two committees, WHO amended
his law as to other features, but left his
commitment clause in effect as he had
constructed it. 1t is fortunate in the
interests of humanity that this general
discussion of this matter has been
brought about: and. If it be not %irreyer-
emf, it may be mentioned that even the
supreme court seemed not to be aware
that the old law had been superseded
by the enactment of '93, neCeSSitating
two trials in the celebrated case of Mrs.
Blaisdell- Now, that the public press
has sounded the alarm, let us hope that
out of the agitation a better law shall
be brought forth.
l think it now in order that the Taw-
ney statesman from Winona. now in
Washington, should come forward, ac-
knowledge his responsibility and take
his medicine like a man.
CORNELIUS Will LIAMs.