St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1894-01-26
INSANITY Law
DECLARED UNCONSTITUTIONAL BY
q SUPREME COURT.
MRS. BLAIsDELL IS FREE,


No Person Can Be Deprived
of His or Her Liberty Without
Due Process of Law-Able Pres
entation by Judge Collins. --ss
The supreme court yesterday rem
dered an important decision, declaring
the insanity law of 1898 unconstftu-
tional. The very able andN~exhaustive
review of the law was written by Judge
Collins. and he handles the subject in
a forcible manner. RI"
The decision was rendered in the Case
of Mrs. NJ. j. Blaisdell, of Pelican Rap
ids, who was ordered committed to the
Fergus Falls asylum. Readers of the
GLOBE are familiar with the details, as
the commitment has frequently been
explained and condemned in these COL
umns.
S. l.. Pierce, of st. Paul, kindly took
Up the case in behalf of humanity and
carried it to the supreme court.
While the suit releases Mrs. Blaisdell
from the peril of going to the asylum
(she never having actually been incar-
ceratedl it also incidentally relieves
HOskins from being returned to the
Institution from which he was released
few days ago under writ OF habeaS
corpus. pending the result of the Blais-
dell case.
The opinion, after brief introduce
ion, is as follows:
Any method of procedure which a
legislature may. in the uncontrolled
nf itC TN ont
having for its purpose the deprivation
of a person of his life, liberty or prop
erty, is in no sense the process deSig-
mated and lmperativeiy required by the
constitution. And while the state
should take charge of such unfOrtunateS
as are dangerous to themselves or TO
others-not only for the safety Of the
public, but for their own amelioration-
due regard must be had to the forms of
law and to personal rights. To the
person charged with being in
interposltiOn of the authorities
and the restraint provided for. there
must be given notice of the proceedings
and also an opportunity to be heard in
the tribunal which is to pass Judgment
upon his right to his personal liberty in
the future. There must be trial before
Judgment can be pronounced. and there
can be no proper trial unless there
is guaranteed the right to pro-
duce witnesses and to submit
evidence. The question here is not
whether the tribunal may proceed in
due form of law. and with some regard
to the rights of the person before it, but
rather, is the right TO have it SO proceed
absolutely secured. Any statute having
for its object the deprivation of the lib
erty of person cannot be upheld un.
less this right Is secured, for the object
may be attained in defiance of the con-
stitution, and without due process of
law.
Let us now turn to the statute In Ques-
ton. 1t muSt-be observed at the outset
that private, as well as public hospitals,
are within its terms; and for this reason,
if for no other, the rights of the citizens
should be closely guarded. Section IL
requires that every person committed to
custody as insane must be committed III
the manner thereafter prescribed. Sec
ton 10 provides that whenever the prO-
bate Judge. or in his absence the court
commissioner, shall receive information
in Writing--the form being given-that
there is an insane person IN his county
needing care and treatment.she shall
issue what is called commission in
lunacy, the form thereof prescribed, to
lNO III
lunacy. This action permits the filing
of an information not even sworn to by
anybody.
That it has opened the door to wrong
and injustice in the making of very
serious and unwarranted charges
against others by wholly irresponsible
and evil-mihded persons is evident,
although the method of instltuting the
proceedings does not affect the validity
of the act.
The commission directs the two ply
sicions designated. who under section
Is must now possess certain qualifica-
tions, to ''examine" the alleged lnnatic
and certify to the probate judge or
court commissioner, within one day after
their examination, the result thereof,
with their recommendation as to the
special action necessary to be taken.
The form of this certificate and rec
concentration is laid down in section 90.
This certificate must be duly sworn to
or affirmed before the officer issuing the
commission. If the examiners certify
that the person examined is sane the
case shall be dismissed; if they disagree
the officer shall call other examiners or
take further testimony. If they certify
the person to be insane and proper
subject for commitment for any of the
reasons specified i'll section II, il is made
the duty of the officer to visit the
alleged insane person or to require
him to be brought into court, "but he
shall cause him to be fully informed of
the proceedings being taken against
him." If the officer deems it advisable
he may call other examiners or take
further testimony, and i'll all cases, be-
fore issuing warrant of commitments"
the county attorney shall be informed,
and il is made his duty to take such
steps as are deemed necessary to
protect the rights of such per-
sou. If satisfied that the person
is insane, and that the reason
for his commitment is sufficient under
the provisions of the act, the Judge or
court commissioner approves the Ger
tlficateS of the examiners and issues an
order or warrant in duplicate commit.
ting him to the custody Of the Superin-
tendent of one of the state hospitals, or
to the superintendent or keeper of any
private hospital or institution for the
insane, which, under the same law. has
been duly licensed.
This order or warrant may be exc.
cuted by the sheriff or by a private
individual, and through it the person
named therein is placed in the custody
of the superintendent or keeper to
whom it may have been directed.
There are some other provisions in
respect to these commitments, but they
have no bearing on the question now
before US, and we now reacn consider
alton of the controlling provisions sof
the statute. 8 -
The commission issues TO the exam
1nthnrIvQd ON