New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1897-01-17
THE NEW LUNACY LAW.
DOCTORS COMPLAIN OF THE DIFFICULTY
OF GETTING PATIENTS COMMITTED.

m
mment of insane patients to the various publis
institutions
Almost from the start there have been pun
bIngs II discomfort from the medical fraternity =.
Its members have been brought face TO face VIII
the practical workings Of the law In cer,ai.
notable Instances specialists In lunscy have coma
out openly and said that under existing conditions
It was almost impossible 10 get a patient comm,,-
ted that as a result, the public safety would a.
endangered by lunaics at large who ought 10 N
confined In institutions. and that the Law was surh
a bad one that In the end II would WORK on, It's %,
destruction.
This feeling seems. upon inquiry and Inves,lra.
ton, to be generally dfused throughout the meal.
cal profession The action OF the Neurological So
clety in appointing commit e to take steps TOW.
ard having the law revised Is OF the s,raws
which may be accepted as an indication Of the way
the wind Is blowing. The lively and interesting
discussion on the subject which took place before
The Society Of Medical Jurisprudence last Monday
Is another. At this meeting both sides OF the casa
we're argued The doctors had their say and thu
lawyers had theirs. on the one hand the doctors
held I'D 10 view what they regard the glaring de.
fects and shortcomings of The law. while on the
other hand the lawyers were equally emphatic In
declrrirg that too much could not be done 10 keep
sacred the rights of the Individual and 10 surround
him with such necessary legal protection that hs
could not be deprived OF his liberty without due
process Of lev
DR. f. G. Spizka for the purpose OF opening the
discussion mentioned in general way the faults
which the specialists had found with the new law
He said in the first place. that the blanks required
to be filled out too numerous and too compl-
Gated Valuable time was lost in this way. during
which the patient might suffer injury II the case In
hand of the violent kind. He said that the
provision Of the law which made It necessary to
serve a notice on the patient ammo, ncing that he
or she was to be examined for insanity might have
the effect Of producing violent hysteria and even
death In who was weak and unbalanced men,
,auv. Under the new law the old hve-dsy clause
had been stricken out, and the result was such
that physicians had means for caring imme-
GIately for one attacked suddenly with violent In.
sanity The only thing left to be done now was
for the paiIent to be locked up in police celia
course OF action extremely obnoxious and unde-
slrable .
DR.. Spitzka having thus opened the subject ard
stated some OF the objections. was followed In the
discussion by Professor Charles Bos,wick who
spoke as follows: AS lawyer and Instructor in
law have watched legislation carefully. The new
hnacy provisions have been studied by me. and
find them open to criticism Insanity is disease. not
a crime. and the discussion might end right here.
No law be sanctioned unless there Is necessity
at the bottom of II. No law for the advancement
of civilization. for the good of humanity should b
framed unless there is crying need Tor H. was
there need for the revision OF the old law relating
TO the commitment of lunaics? / find none DR..
Carlos F. Macdonald has stated to me that In all
lis long experience in tho field of lunacy he never
knew of a case where lunatic had been incar-
ceraied from a bad motive Other well-known spe-
clalsts have appeared before this society ana given
testimony of a similar character. The trouDle IL
that the lawyers look on this subieci from one
standpoint only and that il the rights OF the indi-
vidua as they respect his individual liberty They
lose sight of the fact that the individual Is al
iicted with a disease which oyertops every other
consideration, and which requires immediate at
tention that he may possibly be cured or so cared
for that his life may be spared
"In conclusion let me call attention to that class
of insane who known 10 have periods OF re-
sponsibility and periods Of irresponsbility Serve
notice on one of this class appear for trial be.
fore judge and jury as TO his insanity. ana whSt
would be the result? In nine cases out OF ten ne
might be allowed to go free: sane one week, insane
legislation which shall be the result Of a wise con-
ference between doctors and LAWYERS
Stephen c. Baldwin. lawyer. took up the de-
is e he ' said. VIZ there had not been ii would
proved by the Lunacy Commission OF the state.
which was composed of specialists on insanity, !
have a copy of the blanks TO be filled out. and |
find nothing difficult about them They are q;
simple as any have ever seen. man WHO could
not fiji them out and nil them out rightly mas no
business to be permitted to pass upon the insanit!
of person. The objection which has been found
to the service of notice upon the person 10 De ex
anined Is groundless. for 1t Is distinctly provdeo
in the law that at the discretion OF the Mae,srats
such formality may be omitted upon his making
proper indorsem ent upon the back Of the papers.
The point raised that the physicians were power.
less in the of emergency cases is more IMAM
met by the provision for the incarceration OF the
patient in police cell. waiting the Determination
of the Court. which could be made Immediately
Mr. Baldwin admitted however. that IN tnis re.
The law was open TO change as he d ia n ss
world TO put person raving mad - ,,,..
Some one has said" continued Mr. Baldwin,
that all the brothers sisters. uncles, aunts ana
distant cousins must sign the petition, nut su.n
statement is all rot. The law provides that at at
least one relative. and that near one mus, slsn
the petition which certainly is just and right
SAFEGUARDS FOR THE INDIVIDUAL
Henry Hardwicke also spoke at length IN de-
fence of the law as it now stood. He said that
man charged with crime enjoyed certain rights.
as for instance trial by his peers. appointment Oh
counsel to defend him. etc. and that person
charged with being insane should have equal rshs
with the man charged with crime There were
TOO many cases where innocent men had oeeh
seized and confined in lunatc asylums when 'he'
no more insane than any OF those preseh,n ..
Name one" called out DR. Spitzka. jumping
Fl viii" replied Mr.. Hardwicke. and It was 81, :
c msns wn Name is lanes F. barrymore lie was
adjudged insane by committee OF eNps 49,, en-
confined i'm an institution. long leeai nEn, , ~
sued and we got him out OF the lunatc asylum
and he Is free man. ana ives IN ni III
al
caused considerable excitement at the meeuns
DR. spitzka afterward explained That mere s sns
no question but that Barmore had peeh lnssa.y
when sent to the asylum. but that when ne nse
been called in TO examine him he was rsn sset
and eventually recovered his health Inc t ~
that he had been put In an asylum WIS tilc ,or
thing that could have been done In ms cdse' Id,
in that way his health was saved ana n, ~, snioy.
matey restored 10 his property ana the e"'''
ment thereof. H., ~ 81, rs.rs,"
IF a man is insane. conhne him py All ne ,r:t
exclaimed Mr. IIardwicke. but make sure W. ~.
Won have "A lunatic. Any law when MAKES . ".
commitment OF n man suspected OF INSANITY sav
iect TO the closest medical and legal scruuh!
GOOD one and | believe the present law 10 =.
GOOD one Everything should be done 10 pro'e9'
the individual in the enjoyment OF his hn,rv.
In reply to one OF the arguments thar the
of nntlce upon person suspected OF being 'sa.
might make him a violent lunatic az once, u ovH
contendrd by one OF the members that this 49,"
not possbly have worse enect than sr.1.ms A.
man and hurrying him of to private asS haA
under the old law Such action was equally o. 18th
The discussion OF the subject did not emu nsral
Monday evening. II is 10 be taken up a, RAJ he
meetinc and Or SpitZka has PROMISED VIC" k.,s
will come so loaded with statistics ana o o. ri b