Evening star., 1897-02-06
EXAMINING LUNATICS
The Local Process of Committing In
sane Persons.
VARIOUS MODES OF PROCEDURE
Petitions, Juries, Writs and Then
the Asylum.
THE PEN INSA n E

To the credit of the District of Columbia
II can be said that be COM
ulitted TO an insane asylum here except by
due process of law. That is. can
he committed to such an institution in the
District of Columbia until after the unfor-
tunate one has been judicially determined
to be insane. or OF such unsoundness of
mind as to warrant such treatment. Pro-
vided. however. the afflicted person Is not
in the army or navy, the marine corps or
the revenue marine service; for II he is,
then he Is under such government control
or custody as to only require commitment
to asylum through regular official chan
nels. And provided, further, that the af-
fiicted one is not one VINO, being charged
with c.'me. was found. by the court before
which he was charged. to be an insane
person.
Until about twelve years ago it was pos
stble here TO secure the commitment of q
person to an insane asylum upon the certiff-
cate of two physicians to the effect that
they believed the person to be insane But
February IL. 1SS5, the Court IN General
Term. then the appellate tribunal OF the
District. DECIDED, in the case of in re VIM
NJ Bryant e; Mackey. 4s.p. that certain
acts of Congress. then supposed to govern
such matters. did not repeal the old Mary
land statute. and fixed no rules for adjudg-
that the statements of the two phys;cians
did not amount to due process Of law; as
uue process of law in such instance The
court further held. means a regular ad,udf-
cdIlon OF the question of insanity by a com
petent tribunal after an inquiry by a jury
Stree then. that decision never having
been reversed, the course of procedure laid
down by the court has been followed here
That is. outside of the axcen+e1 casas
above referred to.
An Insane Wife,
There is said to be another exception.
that of an insane wife whose husband
lives. In such d case IL is claimed that the
husband can place his wife In an insane
asylum here without an inquiry. by judi
cial proceedings. OF course, the husband
has first to satisfy the superintendent of
the asylum that his wife is of such un-
soLEdEess of mind that she should be re-
ceived in the Institution. bat II is asserted
th2t that Is the sole requisite to secure her
incarceration therein The alleged right or
authority of husband in such a case is
ss.lc TO be derived from the common law
wn-ch, II Is claimed. gives husband COM
p!ete control over his wife in such mat
ter Sucn commitments. it is also asserted
are not unusual, despite the decision in
the Bryant case. but they are never the
less regarded AS dangerous, as giving au-
tEority which might be used by unscrup J.
Ious men, who desired. for one reason or
oiher. 10 put tnefr wives away. provided. of
course. they could deceive the asylum au-
tEoriti6S as TO the real mental condition of
their wives. But. in king of the MAJ
Ter the other day. a weil-knoWn member of
the local bar remarked that in his opinion
the courts would in habeas corpus pro-
creEilrgS. instituted on behalf of a wife so
1ncs rCeratsd in an asylum here order her
discharge and extend the decision in the
hrySht case, so as to require first a Judi
clai inquiry into and determination of the
wife's insarity.
ihe nrst step to be taken is the filing il,
me equity branch of the District Supreme
court OF a petition for the issuance By the
court OF a writ de lunatico inouirenfo IN
inquire into and determine the uuestion of
the mental condition of the alleged insane
person such a petition MAY be filed hv a
Mar reldtlVe. although not in the relation
OF presumptive heir; by an executor
against a legatee. by a trustee under a
deec' by creditor. or by a tenant of an
alleged lunatics real estate. Indeed II is
sald that the writ will issue upon the ne
utlon of any person coming into court u,;tb
clean hands and just purpose The nett
tion sets forth all the circumstances in th.
t Ssss necessary to fully inform the court
IN the premises. and. when filed by private
persons. the court is asked to appoint a
committee for the person and estate of
the af1cted person. if found to be insane
or OF such condition of mind as to render
him OF her incapable of seIf-care and bust
ness MANAGEMENT.
The Marshars jury
Upon the issuance of the writ the mar
shaI summons a jury to inquire into the
mental condition Of the alleged lunatic. The
jury must not be less In number than thir-
teen, and not more than twenty-three men.
OF course. and citizens of the District The
practice and invariable rule of the marshal
Is 20 summon thirteen jurors, as a verdict
is good if returned by twelve and even ~
the thirteenth juror dissents. The marshal
presides at the inquiry which Is public
anu mas the witnesses summoned. But as
the proceeding is an ex parte one. 1t is not
necessary that the alleged insane person
should be present. Indeed. II has been held
that ne need not even be notified of the
purpose TO conduct the inquiry. But the
jury can require the presence of the alleged
lunatic. and he has the right to be presept
even II ne has not been notified and take
part IN the proceedings personally or by
attorney And. what is more he cannot
only make a statement in his own defense.
but can also place upon the stand witnesses
Tor the purpose of establishing his SANITY
The greatest latitude is enjoyed by the
JURY IN making the inquiry. and when they
have reached verdict il is transmitted
10 the Equity Court. where IL is confirmed
or rejected. as the case may be. If the
verdict is against the sanity of the af-
nicted person. and is confirmed the
court. upon the motion of the party filing
the original petition. appoints what is
Known as committee TO care for the nor
son and estate Of the lunatic A committee
IN Such an instance consists of one or more
persons. whose duty il is to care both for
the person and the estate OF the unfor-
tunate one The court can however an
point one party as the committee of the
person Of the lUnatic. and another as the
committee OF the lunatic's estate. The COM
Inittee Is subject at all time of course to
the orders Of the court. and must make to
the court such returns as will satisfy the
court that the comfort. welfare and estate
OF the lunatic are being properly looked
aIter and managed. Should the afflicted
person recover his sanity. the court will
upon being so shown. discharge the com
mittee. restore TO the recovered man his
estate. and formally declare him to be
sane
Pauper Lunatics.
such is the procedure where the petion-
inS party IS a private person, and where
the luna;ic Is possessed Of property. The
vast majority Of lunacy cases tried here
however. are those where the lunatics are
penniless, and where their relatives and
friends are equally unfortunate In such
cases the District must file the petition
precedtn TO the inquiry and II is. there
fOIe. filed by the District Commissioners
under authority conferred upon them ty
statutes OF the United States relating IN
the District The Commissioners base their
petition upon representations made to them
respecting the mental condition OF the al
Iag HH -