St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1894-01-29
Special to the Globe.

Special to the Globe
. FERGUS FALLS. Jan. 2S.-The text
or the Supreme court declson in the
Blaisdell case. declaring the 1898
iunacy law unconstitutional, reached
THIS city Saturday and created great
deal of interest as we'll as curiosity to
know what would be done next. The
fact that Mrs. Blaisdell lives in this
neighDOrhood aud that Editor Frank
HoSNlns, whose case is also affected by
the decision. lives at Henning, few
miles out from Fergus Fall, added to
the interest. The GLOBE correspond.
ent sought out j. w. Mason. president
of the board of insane hospital trustees,
and asked him what he thought of the
decision. Mr.. Mason replied:
II think it is the law of the state. and
can stand it as we'll as any other cit-
zen, though no decision was ever
rendered by the court more far-reach-
ing in its effects. If it operates to open
the doors of our asylum: and sets these
people free it will be felt in every
nelghborhood in the state. l have
called meeting of the board of trustees
at st. Paul for next Tuesday, when tha
whole situation will be discussed. Until
then [ cannot say what action will be
taken by the board.'
what have you to say as to the last
part of the decision, which declares
that the sections of the probate code,
intended to be superseded by this in
valid law, are in force and must be OBJ
served?"
THAT part of the decision is obiter
dlctum, aud in no way helps to solve the
problem presented to the board OF
trustees. The sections of the probate
code referred to by Judge Collins were
not involved in this decision, and any
casual remarks In reference thereto are
immaterial. They are not binding on
the court or any one else. When these
provisions OF the probate code are legal
ly tested l do not see how. under the
reasoning of the court in the Rlaisdell
case. they can be held constitutional.
as there are fewer safeguards thrown
around the insane than are provided by
this invalid Jaw of 1892
''Under the decision in the Blaisdell
case, have the health officers any power
to quarantine. say smallpox patient.
under this laW?" -
II prefer to. withhold any expression
of opinion OH that subject until after
see patient with the smallpox brought
before the court on "a writ of habeaS
corpus asking for his release. Such a
proceeding might haveteatures of inter-
est, though | decline to- predict the out
Gomez fisF
"Wi!l the superintendent of the hos
pitfalls receive patients under the old
law?'
II can make no statement as to what
Will be done at our meeting Tuesday ;
we shall consult the governor and at
. torney general, and be guided by what
we believe to be right and for the best
interests of the state and insane, and
let the responsibility rest where it be-
longs; do not think there Is any oc-
casi0n for becoming alarmed. but be-
+ iieye some way will be devised to bridge
us over till there is further legislation.
l hope in the future that more laws
Will be passed that will stand the
scrutiny of the judiciary"
'Do you consider the decision vic
tory for the Populists?"
Il think that is foolish question.
The whole people of the state are
equally Interested in the matter. That
so important a law is unconstitutional
Is calamity to all. and do not see
how politics enters into the question in
the remOteSt degree"