New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1896-03-20
NEW CLOTHES NOT NEEDED.
11-sr1~E MACIEAN DECIDES THE CASE
BETWEEN THE CHARITIES BOARD AND

1r-sT1~E MACLEAN DECIDES THE CASE
BETWEEN THE CHARITIES BOARD AND
THE WARDS ISLAND AUTHORITIES.
1rs.,oe vac1,ean. in the Supreme Court yester-
day. granted writ OF mandamus to the com.
m,ss,oners OF Charities. compelling the board OF
Managers OF the Manhattan State Hospital OH
Wards Island to accept p. j. ODonohue. an IN
sane patient from the pavilion at Bellevue iiospi-
tai regardless Of whether ne Is PROVIDED WIN ne"
clothing or not. -
The writ was applied for some days ago by
George L. Sterling Assistant Corporation counsel
on behalf OF the Commissioners O'Donohue was
taken to the pavilion at Bellevue Hospital In FEB
r,,arv and declared insane by the examining physi-
clan there who ordered his removal to tho Asylum
on the Island. This was shortly AFTER the asylum
passed from the hands Of the city to the STATE.
The authorities Of the Manhattan state Hospi'ai
refused 10 accept O'Donohue. on the ground that
ne was not newly clad. This, they said, was IN
accordance with a regulation Of the State Lunacy
Commission which ruled that all patients received
should be provided with new clothing. except IN
cases where they came from other insane institu-
lions.
When the application was argued oefore justice
Mac1ean, O'Donohue was taken INTO court III
charge OF two guards example OF a Clearly
Tho Board OF Managers assert that they are
afraid of contagious diseases being conveyed in
old clothes" said Mr.. Sterling. Il leave It TO your
Honor II this patient looks as II he might nave
disease germs about him."
The contention made that the city wouio
have to pay out about $4,000 year TO provide new
clothes for patients. and that this would be
virtual tax upon the city by the State. Mr. Ster-
ling submitted afdavts of physicians and others OF
Bellevue Hospital to the effect that the system OF
disnfection for clothes used at Bellevue was so
good as to preclude entirely the possibility OF any
infectious disease being carried out In them 40
patient is sent away who Is not conn ortapy cIdG,
said Mr. Sterling, land contend that In comply
Ing with the laws Of comfort are carrying out
the intent Of the State Lunacy Commissions regu!a-
ton" A..
The application opposed at the time by AS
sistant DEPUTY Attorney-tieneral Clarence j. Frh-
els who asserted that the Commits soners were at
tempting 10 make the authorities OF the Manhattan
state Hospital violate a duty. He referred TO the
fact that most OF the patients received from Beie-
vue Hospital were Of the lower type. VINO were NOT
in the habit Of taking the best OF care OF them
selves and that many OF them were in condition
TO spread disease among the 1000 patients at the
hospital. ., ,,r.
In granting the writ Yesterday Justice MacI,ean
wrote that the Board of Managers should receive
O'Donohue provided he was in clean bodily condi
tion comfortably clad. and that his clothes had
been disinfected also that a certlfcate 10 snow
these conditions should be furnished the Manhattan
State Hospital by the house physician at the insane
pavilion at Bellevue Hospital. He ordered. further.
that all the clauses OF the State l-unacy commas
sions regulation should be carried out except the
one recurring the patients TO have new clothes
Tho State Junacy Commission will appeal from
Justice MacLean's decision as they say II anects
tho entire State.