The record-union., 1897-08-13
ATTORNEY GENERALS S REPLY
THINKS LUNACY PROCEEDINGS
CAN BE REoPENED.
a Few San Francisco Doctors Who
Had Soft Snap Examining
Insane Persons.

1t is estimated by the State Commis-
sion in Lunacy that 13S persons were il
legally committed to the several asy-
lums in the State from the time the new
lunacy law went into effect to the or
ganiZation of the commission. The
new law went into effect Immediately
after receiving the Governors signature,
so that until the Lunacy Commission
was organized there was no legal meth
cd by which a lunatic might be COM
mitted to any of the hospitals.
The insane, however, were committed
under the old law, and after the COM
mission had been organized, steps were
taken to determine what disposition
should be made of those persons ille-
gally committed. Accordingly the At
torney- General was asked to give an
opinion on the subject, and his reply
was received yesterday and is as fol-
lows:
7 am in receipt of your letter Of re-
cent date asking my opinion as to whe-
ther or not in the case of persons who
were committed to the hospital for the
insane under the proceedings provided
by the old law, after the law establish
ing the State Lunacy Commission went
into effect, can be legally re-committed
without having the patient present in
court, by sending two regular commits
stoned medical examiners from each
county to the hospitals for the insane
TO which such patients were committed,
and upon a examination petition the
Judge to commit the patient, the petit
tion being accompanied by a certificate
of the medical examiners.
Il am Of the opinion that the court
having had jurisdiction over such pa
tients, has authority to reopen the pro-
ceedings under which they We're COM
mitted and upon petition and a proper
certificate of the medical examiners re
commit them without requiring their
presence in court"
COURT COMMISSIONERS.
It was recently ascertained by the
commission that on several occasions
persons have been committed to asy-
lums by Court Commissioners while the
Superior Judges We're off on vacations,
and it was an open question as to Whe-
ther or not the hospitals should admit
persons so committed. In this case also
the Attorney General was appealed to,
and he yesterday rendered his opinion
as follows:
II am of the opinion thata Court Com
missioner has no authority to commit in
sane persons to the hospitals for the in
sane"
From this opinion it would seem that
Superior Judges will be obliged to annul
the actions of the Court Commissioners
and do the work all over again.
A CLOSE CORPORATION
According to the statistics in the
hands of the State Commission of Lun-
acy, it is seen that about one-third of all
the insane in the State are from San
Francisco. In other words from 300 to
400 persons are sent to asylums from
that city each year.
Physicians are allowed so for each
examination made, so that the annual
amount paid out for that purpose in
San Francisco each year is from $4,000
to $4,000.
On the 7th of last May certificates
were issued to Drs. Theodore Rethens,
200 Stockton street; D. D. Lustig. 8
Turk street; Charles c. Wadsworth,
1104 Van Ness avenue. and T. E. Win
dell, 80 Post street, giving them au-
thority, when appointed by a Superior
Judge, to make examinations respecting
the sanity of applicants to insane asy-
lums.
While the State Commission in Lun-
acy o. KID the. applications of a dozen
other San Francisco physicians to be ex-
aminers in lunacy, until yesterday no
Superior Judge of the Bay city has seen
fit to issue certificates to any of them.
The mutterings of the San Francisco ap-
picants have been perceptible ever
since May last. but until yesterday none
succeeded in crossing the dead-line and
the lunacy business was monopolized by
the aforementioned pill venders.
Yesterday, however, Judge Coffey
broke the ice and DR.. A P. Woodward
of 1S Powell street was let into the pas
ture. Whether the action of Judge Cof-
fee means that the bars will be let down
for the dozen other applicants for GER
tificates remains to be seen.
Appropos to all this, there have been,
up to date, 333 medical examiners ap-
pointed in the State.
According to returns from the several
asylums the number of patients confined
July 31st as compared with those con-
fined June 30th is as follows:
Mendocino-June Both, 410, July 3st,
420 Increase, 10.
Agnews-June so, 900; July 31st, 500.
Decrease, l.
Napa-June 30th, 1,434, July 31st'
/, ,433. Decrease, l.
Southern California-June Both, 542;
July 31st, 553. Increase, II.
Stockton-June 30th, 1,521; July 31st,
1886. Increase, 10.
nov CAP TnnGERS