The morning news. [volume] (Savannah, Ga.) 1887-1900, 1898-11-14
BETTTNA GETS HER LIBERTY.
Supreme Court Orders Her Release
From st. SnvIOur's Snnitarium.

From st. SnVIOur's Snnitarium.
From the New York Herald
Elizabeth 5. Ordway. known to the thea
ter-golng public as Bettina Girard, who
was committed to St Saviour's Sanitar-
UNI, at Inwood on the Hudson, in May
last, as an inebriate, is to be restored 10
her liberty and rights as citizen. She
viii be liberated from the institution on
Monday This decision is of far-reachns
Importance, because 1t was considered
test case 1t involved the question as to
whether any citizen can be deprived of his
or her liberty for a definite period of time
without due process of law. The opinion
was rendered yesterday by the appellate
division Of the Supreme Court and is writ
ten by Judge Patterson and concurred in
by Presiding Justice Van Brunt and
Judges Brien, Ingraham and McLaugh-
I'm.
Bettna Girard is a daughter of the late
Gen. Albert Ordway, who died in Novem-
Der last shortly after he had become rec
onciled to her, and had hoped to live TO
see her a reformed woman.
A. II. Hummel who raised the issue in
her case carried 1t to the Appellate Court
in order there might be a determination
of the question as to whether any person
could be deprived Of his or her liberty in
this manner without due process of law
or without having an opportunity TO be
heard and TO face his accusers. He oh,
tanned a writ of habeas corpus for her. as
the authorities of the institution refused
u re4ease her, and brought the case to
the attention of Judge Bookstaver. He
contended that chapter 467 OF the laws Of
1892, under which this commitment was
xxfac Unconstitutional
did not provide that a person should have
an opportunity TO be heard before being
committed as an inebriate.
The Appellate Court Is OF a different
opinion, and expressly declares a person
deprived of his liberty by a judgment OF
a court for a year, or for what may be a
lesser period. according to the caprice of
other private individuals, without hear
ing, is not confined by due process Of law.
II substantially declares that chapter 467
OF the laws Of 1892, under which Miss Cir
ard was committed, is unconstitutional.
Judge Patterson, in his opinion, states
that by surrendering herself she did not
bind herself TO remain for any particular
period, neither did she waive her right TO
withdraw when she pleased. norfdid IL stop
her from retaining her liberty is she de-
sired.
mo matter what may be the ostensibla
or real purpose in restraining person OF
his liberty" writes the court, whether II
! is to punish for an offeuse against the law
| or 10 protect the person from himself n
/ the community from apprehended acts
! such restraint cannot be made permanent
| or OF long continuance, unless by due pro-
| cess OF law. Neither the constitution OF
/ the United States in the fourteenth amend
ment, which operates upon the states nor
/ the constitution Of the state Of New YORK
/ has undertaken to define what due pro-
cess Of law is, and no definition by courts
! or writer's has ever been so comprehensive
as TO indicate process fitted 20 every case
! that may arise.
Miss Girard was delighted when she
heard of the decision in her favor.