Evening star. [volume] (Washington, D.C.) 1854-1972, 1899-02-24
District Attorneys View Of Statute
Governing Lunaoy Proceedings.
MEASURE PROPOSED As SUBSTITUTE
Provides for Commissioner and Re-
duces Membership Of Jury.
TEXT OF THE BILL PROPOSED

Mr.. Henry E. Davis, United States attor-
ney for the District of Columbia, who has
had large experience in lunacy matters. has
written to the Senate committee urging the
repeal of the law, recently passed, to gov
ern lunacy proceedings in the District. Mr..
Davis letter was written the same day the
District Commissioners forwarded their
communication, also urging the repeal of
the law. He was unaware at the time,
however that they had taken such action,
but expresses himself as pleased that they
did so.
District Attorney Davis had a bill relative
to writs of lunacy introduced in the House
of Representatives a number of years ago
and it was favorably reported from the
committee on the District of Columbia the
10th of January, 1891. Final action on it,
however, was never secured 1t Is the in
tention of Mr.. Davis to have the bill again
introduced, and, If possible, to secure its
passage. His proposition provides for the
appointment of commissioner in lunacy to
take the place of the United States mar
shall; for reducing the jury from thirteen to
twelve members, and for the commissioner
to rule on questions of law, the admitting
of testimony, and, If called upon, to submit
statement of the case to the court.
Provisions of the Bill.
The prop ,sed bill provides as follows:
That within thirty days after the pas
sage of this act the Supreme Court of the
District OF Columbia shall appoint a per-
son learned in the law. as commissioner of
lunacy for the District of Columbia, who,
and whose successors, to be similarly ap-
pointed, shall hold office during the pleas
ure of the said court; and each commits
sioner of lunacy hereby provided for shall,
before entering upon the duties of his office,
duly make and subscribe an oath or affirm
alton faithfully to discharge said duties,
and the said oath affirmation shall be
filed in the office of the clerk of said court.
That hereafter, upon the issue of any
writ de lunatco inqurendo by the said SUI
preme Court of the District of Columbia, it
shall be the duty of the commission of luna-
cy hereby provided for to hold theinquisition
required by such writ, and in holding such
inquisition the said commissioner shall have
power, and it shall be his duty, to pass
upon and determine all questions of law
arising thereon as to the admissibility of
testimony and the like: and in certifying
each iuquisition, as hereinafter provided,
the said commissioner shall, if so requested
by any party to the proceedings, report,
with his certificate, all rulings on questions
of law made by him: Provided, That
proper statement in that behalf be pre-
scented TO him by the party desiring the
same within four days after the verdict of
the jury.
That it shall not hereafter be necessary
TO summon and empanel more than twelve
jurors in any case in lunacy in the District
OF Columbia, ana the Vefd1ct or Such jurors
shall be unanimous, otherwise held for
naught, and it shall not be necessary for
said jurors, or any of them, to sign or
seal the inquisition by them made, but the
same shall be certified only by the commits
sioner of lunacy hereby provided for.
That all power and authority Of the mar
shall of the United States for the District
of Columbia to hold inquisitions in cases of
lunacy be, and the same hereby is, abro-
gated: Provided, however, That the said
marshal shall continue to do all things in
respect of executing and returning writs
de lunatico inquirendo and inquisitions
thereon as now provided by law, except
only the presiding at inquisitions. and he
shall receive for his services the same
fees and compensation as heretofore
That the commissioner of lunacy hereby
provided for shall receive compensation
for his services a stated sum, to be fixed
by the said Supreme Court of the District
of Columbia, in it's discretion, from time to
time, not to exceed IS per day for each in
QUESTION held.
That all laws and parts of laws .incon-
sistent herewith be and the same are hereby
reDea led