The herald., 1897-05-25
A NEW DEAL
The Sheriff to Control All
Insane Patients
AN AMBIGUOUS LAW
State Commissioners and Supe-
rior Judges Differ
IN interpreting STATUTES
A BATCH OF SUPREME COURT
DECISIONS
CDR" Calvin s. Hastings on Trial for
Murder = The Ruiz Brothers
Held for Cattle Stealing.
State Commissioners and Supe-
rior Judges Differ
IN interpreting STATUTES
A BATCH OF SUPREME COURT
DECISIONS
CDR" Calvin s. Hastings on Trial for
Murder - The Ruiz Brothers
Held for Cattle Stealing.
The Jay Escapade

Just at the present time it looks as i
the superior court was in some sort Of al
opposition to the new lunacy commits
sion. The law is so ambiguoUsly worded
that it is, in certain of its features, ca
pable Of Interpretation at will. The
six judges of the superior court, how
ever conned the matter over and made
an order, if it can be termed such, for
the guidance of the officials who, they
determined, had most to do with admin
istering the lunacy law in this county.
Under these instructions complaint
had to be lodged with the county clerk,
and he at once telephoned two medical
examiners who at once proceeded
to the home of the alleged insane person
and made the necessary examination.
If found insane, the examiners would
furnish a certificate, upon which some
judge of the superior court would make
an order of commitment. This latter
document would then be handed by the
county clerk to the sheriff who would
then proceed to take charge of the in
sane person, and convey him or her to
the asylum.
But the state commissioners in lunacy
don't think this is the right way. In
answer to a communica ton from Sheriff
Burr, the secretary of the commission,
j. A. Carrere, has outlined the plan
of operation Of the law, as interpreted
by the commissioners. Part of his Letter
reads as follows:
"If persons are arrested on the streets,
suspected of insanity, they should be at
once placed in the quarters provided
fo~ that purpose by the board of super
visors, as provided by the new law,
where they will be in the custody of the
sheriff, who then proceeds to secure two
physicians. who are legalized under the
law to examine; that is to say, two ply
sicians who have flied their certificates
of qualification with the county clerk
and have received from this office a re-
ceipt for the same. Upon their certificate
of lunacy the sheriff, presenting the GER
tificate, makes application to the judge
for the commitment, the patient remain
ing in his custody.
I'm other cases notice is given by rela-
tives or friends (they giving such notice
to any peace officer) that a member of
the family or their friend is insane. The
peace officer then summons two ply
sicians. and upon their certificate appli-
cation is made for commitment by the
peace officer. Section s, Article 3, clear
ly gives the power to call the examin-
ers to the peace officer, and not to the
county clerk, who, in the opinion of the
commission, has nothing to do with the
matter When physicians are going to
inc oil ireo
should at once notify the sheriff, who
can then take the alleged lunatic to the
place provided for their care by the
county, or if he thinks the circumstances
justify it let the family take charge
until commitment is made. The sheriff
should be promptly notified of all ex-
aminations to be made by examining
physicians, so that he may, either per-
sonally or by deputy be present to take
charge of the patient.
so far as the commission understands
the law, it in no wise decreases the pow-
er of the sheriff, but increases it for now
he has the right to call in the examining
and there is no regulation as
to who or what physicians any peace
ofhcer should summon. In fact, the law
allows every physician who possesses
the necessary qualifications to become
medical examiner on receiving the nee
essary certificate from the superior
Judge, and in many of the counties the
judges are issuing certificates to all ply
sicians who apply for them Under the
new law. no complaint is necessary, ex-
cept when friends or relatives refuse to
take any action in the matter"
1itoor fA Il,
whole matter is removed from the hands
If the county clerk to the sheriff. The
Judges made an order that all the duly
qualified physicians should be entered
Up in alphabetical order, and that exam
ners should be summoned from this list
n rotation. The lunacy commissioners,
however, say the sheriff may summon |
whom he pleases
The first two examiners made a nice |
little haul of $50 each, in one day, by ex-
six insane persons, and to pre-
yent recurrence of such thing the fol-
owing order has issued from the court.
and has been subscribed to by all of the |
Judges:
ut is ordered that each medical ex-
iminer shall be allowed as fees the SUN
If S5 per day or session, for his services
While actually engaged as such medical
Examiner, as provided by said act, the
anne to be in full for such session re-
sardless Of the number of persons ex-
Under the first order of court exam
ners must be summoned in alpha betical
citation, and so with several alleged
insane persons complained against a
'hysician could only examine one per-
on. The last order can only apply in
cases, such as probably will.
lever be permitted to arise, when two
hammers might be called upon to ex-
mine several patients en- bloc For ex-
mining one they would receive just the
anne fee as half a dozen, and conse-
Iuently it is certain that such a contin-
.ency will not arise.
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