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


for the Law Which Has Been
Declared Unconstitutional.
To the Editor of the Globe.
Mr.. Tawney, in the Pioneer Press of
Sunday, having denied any Response
bility for the insanity law of 1893, it Is
only fair that the history of the Law
shonld be written. S. +. No. 55 was
introduced by Senator Tawney on Jan.
II. 1898. and referred to the senate COM
mittee on hospitals for the insane, OF
which Senator Davis, of st. Peter, was
chairman. The bill was printed, and
within ABOUT a week was III the hands
of the members Of both houses. The
bill was drawn, as is we'll known, by
Judge Tyler, of st. Paul, at that time
one of the board OF trustees of the hos
pitfalls for the insane. In this work the
judge had the assistance and cO-Opera-
ton of every member of the board.
After the bill had been submitted to
Senator Tawney it was revised and ap-
proved by him, as he himself told the
writer, after some important changes
had been made in the provision for
commitment.
The writer, representing the Twenty
sixth district, was then engaged in
drafting an insanity bill, but when Mr..
Tawney's bill was introduced it APP
peared upon the whole so good a meas
ure that the plan OF Introducing another
bill was abandoned. In a conversation
with Senator Tawney at the Merchants
hotel shortly after the Introduction Of
his bill the writer called Mr.. TawneY's
attention to the fact that the rights of
the citizen were insuthciently protected
in the commitment clause, and pro-
posed an amendment, to which the
senator asSented. In course of time Mr..
TaWney'S bill was discussed and amend
ed by a subcommittee of the senate and
house committees. The provisions of the
bill which sought to provide for a state
lunacy commission were stricken out.
The board of trustees was made to con-
siSt Of five members instead of nine.
Some other unimportant changes were
made, but the commitment clause, sec
ton 10, was left essentially as Mr.. Taw-
ney had it. The writer cOntended for a
number Of things which he sought to
introduce into the bill, a few of which
follow: First. that the examiners in
lunacy should be required to pass a
special examination, and should be
graduates of not less than five years.
standing, and should be paid a fee COM
mensurate with the Importance and
gravity of the trust. Second, that the
medical superintendent at the hospi tails
should be better paid, and the medical
staff much Increased in number. Third.
that five OF the lime trustees should be
practicing physicians. Fourth. that an
alleged insane person should be repre-
scented by counsel, to be appointed by
the probate judge or court commissions
er. II need be, and that even should the
patient have counsel, the judge,
III his discretion, might ap-
point additional counsel to represent
liberty. l am sorry to say that the COM
mittee did lot agree to any of these, but
consented to raise the fee for au.exam-
ination from So to So, and compromised
on the matter of counsel by requiring
the county attorney to appear at all eX-
aminations and to represent the inter
ests of the alleged insane person.
The supreme court in the case of
State eX rel. Blaisdell VS.. Billings,
sheriff, occupied itself only with the
question of the constitutionallty of the
committing clause, section 10 of the law
of '93, and, as is well known, that sec
ton was declared unconstitutional. MIR.
TawEey, in his letter to Senator John
Day Smith, which has fortunately been
published, says, in speaking of his bill:"It
would have been held to have been con-
stitutional by the courts Of our state. "
He also claims that in the substitute bill
the county attorney is made "the final
arbiter to pass upon the question of
sanity of the alleged insane person."
To ascertain if such is the case, section
10, of chapter 5, of the ]unacy law, and
section 10 of the original bill introduced
by Senator Tawney are here gwen:
THE TAwNEY BILL. THE LAW OF '93.
Sec. 10. Whenever Sec. 10. Whenever
the probate judge, or, the probate judge, or
in his absence, thelin his absence the
court commissioner OF court commissioner of
any county. shall re- any county shall re-
ceive information in lceive information in
writing that there IS writing that there is
an insane person i'll an insane person in
the county needing his county needing
care and treatmentlcare and treatment
(form "B'(, the said form 'B"), the said
Judge or court com Judge or court COM
missioner shall, by all missioner shall. by an
order in writing (form orderin writing (form
SON direct two eX- "C'), direct two ex-
aminers in lunacy to aminers in lunacy to
examine the allegedlexamIne the alleged
insane person, and Insane person, and
certify to him within certify to him within
one day after their re me day after their re-
spective examinations spective examina-
Corm "D') the result Itions (form 'D"l the
Of such examination Result of such exam-
with their recon-, %1nation, with their
mendation as to the Recommendation as to
special action neceS-i the special action nec-
sary to be taken i'll the iesSary TO be taken in
case. If the examin- the case. If the ex-
erS certify that the IamlnerS certify that
person so examined is the person so exam
not insane, the 1udgellned Is not insane, the
or court COMMISSION Judge or court COM
or shall dismiss the missioner. Shall dis
case. II they disagree, miss the case. If they
he shall call other eX-,disagree. he shall call
aminers, or take fur examiners, or
Their testimony. ButItake further testi-
if they certify that he Imony. But if they
is insane, and a prop lcertify that he is in
er subject for commit sane and q proper
ment for any of II eIsubject for commit
reasons specified In lment for any of the
section II of this act, reasons specified in
said Judge or COURT section II of this act,
commissioner may, orlssid judge or court
may not, VlS1t Ine allcOnmlSS1Oner shall
legged insane person, visit the alleged in
or require him to belsane person, or re-
brought into court, lquire him to be
but he shall cause him brought into court,
TO be fully Informed but he shall cause
OF the proceedings be- him to be fully in
Ing taken against him. formed of the pro-
He may. if he deem it ceedings being taken
advisable, take further against him. He may,
testimony Or call if he deem it advisa-
other examiners. and lble. take further testi-
if the question of In mony or call other ex-
sanity is contested he Iaminers; but in all
may, in his discretion, cases before issuing a
call a jury OF six quail warrant of commit
ifed electors, whose ment the judge of
findings shall be con- probate or court COM
| elusive. In either1missioner shall notify
| case, if satisfied that the county attorney,
the person is insane. who shall appear on
or the jury SO find. and behalf OF the alleged
that the reason of his insane person, and
commitment is suffi- take such action as he
cient under the pro- may deem necessary
visions of this act, he'to protect the rights
shall approve the GER, of such person. If
tificate of the examin-, satisfied that the per-
l -, ~.l s--,,@ - l.,-1 L. -a