Evening star., 1899-02-08
LOCAL LAW DEFECTIVE
Criticism of Act Governing Commitments to
Asylum for Insane.
Attorney Thomas Holds That It's Con-
stitutiOnality is Questionable
Review of Its Provisions.

In an opinion rendered. today by the at
torney for the District that officer holds
that any one committed to the government
insane hospital under the act of January
81, 1899. could at once be released on habeas
corpus because the record of the commit
n'ent would not show that it had been based
on the verdict of a jury. Aside from this,
he points out that the act carries no ap-
preparation to execute its provisions, the re-
suit of which failure, he says, IS that there
is no means of dealing with this unfortu
nate and possibly dangerous class in the
community.
The act in question was published in The
Star several days ago and, as was then
pointed out, 1t materially changes the pre-
vious proceedings for admitting and commit
ting the INDECENT insane persons to the Gov
ernment Hospital for the Insane. Prior to
1888 resident INDECENT insane persons IN the
District were admitted to the hospital on
certificates of the Secretary of the Interior,
pursuant TO section 1914 of the Revised Stat
utes of the District of Columbia, but the
District Supreme Court in that year held
in In re Bryant, Mackey, 4S9, that the
section did not contemplate compulsory Sc
clusion without due process of law and that
due process of law in lunacy cases meant
the finding of the fact of insanity by
jury. The court also held that the hospital
was open only to such insane persons from
INC DfStfitt as b3d DGeH IOullu Ny
the verdict of jury
Since that time action under the old law
on the part of the Commissioners OF the
District to commit INDECENT insane persons
to the government hospital has been by
proceedings analogous to those required un-
der the Maryland act of 1IS3, chapter q,
section 6, in force here, which provides Tor
a petition to the chancellor, writ de lu-
natico lnQulrendo and the verdict of jury.
With view to curtailing the expenses in
lunacy proceedings in the case of INDECENT
insane here Congress directed, July I, 1898.
that the juries should be provided from
those in attendance upon the criminal
courts. The act also provides that the Dis
trict shall be entitled to institute and prose-
cute such proceedings without the payment
of fees. The necessary medical testimony
was given by the police surgeons, the re-
suit being that such cases were disposed Of
practically without expense to the District,
about 80 cases out of 100 being merely
formal and without contest.
Radical Changes.
Among the radical changes made by the
act of January 81, 1S99 is that it is re-
quired, in the first place, that petition, to
be signed and sworn to by some response
BILE resident of the District, shall be filed.
In practice, the attorney thinks, this will
be found difficult, since very few RESPONSE
BILE residents will be found who are willing
to assume the responsibility even of charg
ing an INDECENT person with being 1unatic,
especially in d matter of public concern.
This change in the law. the attorney be-
heveS, will result in great expense to the
District, one of the items of the expense
being the compensation of SO per day to
each of the two physicians to be designated
by the court.
The act in question also provides that the
hearings and adjudicatidns in lunacy cases
shall be made without an inquisition by
jury. In view of the fifth amendment to the
Constitution, which provides that mo per-
shall be = . ipDryp1 nj his life
liberty or property without due process of
law the Districts legal adviser does not
see how 1t is possible to sustain the consti-
tutionality of the act
The Constitutional Phrase
After discussing the constitutional phrase
due process Of law" which he states, still
remains without satisfactory definition, al
though it has been frequently defined by
the courts, the attorney quotes the United
States Supreme Court in Murray, lessee.
versus Hoboken Company, Is How, 2T2, as
saying 1t is equivalent to the phrase by
the law of the land in Magma Charta"
In England continues the attorney,
from early times q lunatic has been re-
garded as ward of the court Of chancery
In Maryland the chancellor was invested by
the act of 1IS5 with the powers in regard
to lunatics with which the chancellor of
f1nSland was clothed. A person alleged to
be insane has always been, by the English
law, entitled to have the question of his
sanity tried by jury, and the same right
has been recognized in this country. Our
constitutional guarantee that the right of
trial by jury shall be preserved has been
held to apply to all cases which at common
law were triable by jury.
In the great majority of the lunacy pro-
ceed1ngS instituted by the Commissioners
since 1855 one jury sometimes tried half
dozen cases, or more. at a continuous sit
ting, rendering separate verdictS, as the
juries ir such cases do not have to spend
n q tboit.
the alleged lunatics being manifesty in
sane. The object of the act of January 81
1899, was doubtless to prevent as far as
possible crowding the government HOSPITAL
with INDECENT insane persons who were not
in fact residents of this District. but who
had perhaps been brought here for the pur-
pose of acquiring status for admission 10
the hospital. While this object was a good
one. the act goes too far, and contains pro-
visions which render 1t, in my Judgment,
unconstitutional.
Change Suggested.
"It is very desirable that the law should
be changed to enable the Commissioners
who are charged with the executive gov
ernment of the District of Columbia to
proceed summarily to commit INDECENT in
sane persons, in emergency cases, especial
ly where the public safety is menaced,
since in many instances the lunatic has de-
lusions concerning some public official and
is violent and threatening in his actions.
I'm my opinion any one committed to
the hospital under the present law could at
once be released on habeas corpus because
the record of his compliment would not
show that it had been based on the verdict
of a jury. Aside from this. the act of Janu-
airy 81, 1899, carries no appropriation to
execute its provisions, and the result will
be that there is means Of dealing with
this unfortunate and possibly dangerous
class in the community"
1t is understood the Commissioners, in
view of the opinion of their attorney. will
acquaint Congress with the suggestions.
and request such an amendment of the act
as will remove the defects suggested by
him.
no TELEPHONES CARRY GERMS,