The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1896-07-15
That Permits a esJury" to De.
eide on Insane Cases,
Instead of Board of Physicians
Who Understand Insanity.
Topeka Medical Society Demands
That a Little Common Sense be
Injected Into the Statute on
This Subject-The Action
in the WeIlman Case
Denounced.

public at large, was brought up for dis
cussion by the doctors of eastern Kan
sas at their meeting last night. 1t was
in reference to the present existing
laws governing the handling of the in
sane, and was introduced by a paper
read by DR.. B. D. Eastman on the
Rights of the Insane The result
of the reading of the paper and the
discussion was the appointment of
committee to draft a law to take the
place of the present one which is to
be introduced at the next legislature.
The joint meeting was presided over
by DR.. L. Reynolds of Horton, presi-
dent of the Eastern Kansas Medical
society. In his paper DR.. Eastman
said:
''The human organization is dual and
complex. The body in general may be
called the temple, the brain the shrine
or the holy of holes, while mentality is
the spirit enshrined within.
This body or temple of the spirit has
the inalienable right to proper ministra-
tons when disOTdered or impaired. If
one is stricken with fever the physi-
clan is at once called, the anxious
friends place the patient in his hands,
listen to his counsel and heed his ad-
vice. In view of the fact that we
clearly recognize the right of the outer
temple to the best care and treatment,
unmOlested by curiosity and secured
from annoyance, how much more guard
ed should we be when the deity of the
temple is OverthroWn, when mentality
is deranged.
Insanity is a disease which should
be diagnOsticated and treated by medi-
cal men just as typhoid fever is. The
insane have the same right to prompt,
skillful efficient, protective treatment
as has the patient afflicted with any
form of bodily disease. But when we
come to minister to these rights Ger
tain legal fOrmalities Obstruct the path.
The physician can no longer make his
6i2pnOGiG nd
He must perfOrce have a consultation.
He must summon the butcher and
baker and candleStick maker to solve
for him the most delicate and difficult
medical problem perhaps he will ever
encounter. Fancy PlOwman Jones,
Blacksmith Smith, Painter Johnson,
LabOrer French, Teamster Williams,
with perhaps Veterinarian Thomas
called in to make a diagnosis between
gall stones and renal calcUli Just i'm
agine the surgeon having to defer to
this group of cOnsultants, the diagnosis
of brain tumOr and the prOpriety OF an
operation
A short time ago a patient was ad-
mitted from Shawnee county to the
Topeka asylum upon the authority of
the probate court. The commitment
papers were regular and the patient IN
mistakably insane. a few weeks later
a writ of habeas corpus was issued by
the appellate court and the patients
discharge demanded upon the sole
ground that the proceedings Of the pro-
bate court were null and void for the
reason that the patient was not Eresent
at the trial The superintendent of the
asylum in his answer alleged that the
patient was insane when admitted to
the asylum and still remained insane,
but the question whether the patient
was insane or not was entirely ignored
by the court. This was the Mrs.
Wellman case.
THE law which necessitates such a
decision deprives those persons whose
= II Ar,Ts Ct,
inherent rights which should be pre-
served The successful treatment of
most cases of insanity requires the re-
Straint and appliances of the asylum.
But before a patient can be convicted
of insanity and sent to an asylum his
disease must have progressed so far as
to be patent to a jury The time for
successful treatment may have passed
or the patient may commit suicide or
homicide before insanity would be evil
dent to the average juryman. Why
should the insane have their malady
paraded before the public or shown up
to a gaping crowd any more than other
cases of a delicate and confidential ma
ture.
Taking an insane person into court
and forcing him to hear the testimony
as to his own insanity may be Hkened
to a case of severe gushOt wound
brought into court. Six men from
store, shop or stable successfully push
their bacteria laden, filthy fingers into
the wound, the lawyers do the same
thing, the sheriff takes his turn and the
jailer his opportunity, and then the case
is turned over to the surgeon, who is
expected to do an antSeptic opera ton
Shades of Pinel and Lister, hover over
US and preserve us from such deSecra-
lions. Such is Kansas law, and such
must be the practice until new law
is placed upon our statute books.
THE way to the asylum should be
essentially a medical instead of a legal
route. At the same time there should
g =,
ings.
In conclusion I submit that our laws
and our procedure in 1unacy should be
improved so as to preserve to the in
sane the right to medical diagnosis, the
right to prompt and efficient treatment,
the right to be protected from public
ity"
DR. Ward opened the discussion on
the paper. He said:
The subject is one of great interest
not only to ourselves, but to all our
friends Dr. Eastman struck an i'm
portant note when he suggested some
change in the law to protect the pa
tent Steps should be taken to get
such a law
DR.. Bum. Lawrence: Ct would like
to relate one instance which came un-
der my observation. In Lawrence a
few years ago I was called to see a
| lady patient who had almost succeed
ed in gouging out one of her eyes and
was unconscious from strangulation-
Yet an Intelligent body of fellow citi-
zens had decided that day that she
, was sane, and set her at liberty
Dr. Mum: 1T has always been
wonder to me that these cases are re
| ferred to & jury to decide. I think the
proper method would be to bring them
before a Iunacy commission composed
of physicians whose business it would
be to look after the insane. 1t is not
always possible for asylum specialists
to establish the mental basis of per-
son, much less a jury
| DR.. Nfnney: mo one is better quail
| fed to map out plan of procedure in
| this matter than DR.. Eastman
think that il we all feel alike steps
1 rhnr11d he taken to bring this matter