Evening star., 1899-02-03
CHANGE IN THE LAW
Alleged Embarrassing Position Rela-
tive to Commitment of Insane.
JUDICIAL PROCEEDINGS NECESSARY
Provisions of Law Lately Enacted
for the District.
OLD FORMS LIED

The attention of the District Commission
ers was called by the sanitary officer this
afternoon to what is believed will be a
most embarrassing position for the District
in the matter of the commitment of insane
people to an asylum. The Commissioners
have been advised that the manner of COM
mitting persons of unsound mind to the
asylum has been completely revolutionized
by an act approved recently by the Presi-
dent, which act is of course, now the law
in the matter. 1t is claimed that no per-
son. however violent, can even be held in
confinement. for. as it is insisted, no in
sane person can be committed to jail and,
under the provisions of the new law it is
further insisted, no insane person can be
committed TO the asylum until certain ju-
d1c1al proceedings are had, and these. it is
said, cannot even be commenced inside of
five days.
The act In question provides that here
after proceedings for admission to the in
sane asylum of INDECENT insane persons
residing i'll the District and of indeperGent
or pay patients admitted to said hospital
undei section 4So4, of the Revised Statutes,
ana Tor admission, temporarily, to the hos
pltai OF nonresident insane persons found
III the District, shall be commenced by pc
tition presented i'll open court to the justice
of the District Supreme Court holding a
Sp''idi TEL III loE OTDndnS court business.
stating the facts necessary to admission
to said hospital as heretofore provided by
law.
The Provisions.
The second section of the act provides
that such petition shall be signed and
sworn to by some responsible resident of
the District of Columbia but shall not be
hied until the court shall be satisfied as to
the responsibility and residence of the per-
son signing and swearing to the same.
The act continues as follows:
Sec. :. That the order of the court di-
rectins the filing of the petition shall re-
HuAfe Il copy thereof to be served on the
alleged lunatic ana another on the Commits
Sloners of the District of Columbia and
snail fix a time for the hearing of the ap-
phcation, and copy" of such order, duly
authenticated, shall be inscribed on each
or the said copies before service thereof
Sec 4 That so soon may be after the
ming OF the petition the court shall appoint
two or more physicians not connected with
any hospital for the insane, TO examine the
person alleged IN the petition to be insane
and testify as to his mental condition ca ch
of such physicians to be paid a per diem
compensation of $40 by the District of CO.
lumbia. on the certificate of the court that
MS account for such service is Just and
correct. and other witnesses examined on
such application sha.l be paid by the Dis
trlct the fees and allowances prescribed by
law Tor witnesses summoned in behalf of
the United States; and all other costs of the
proceeding shall be paid by the District:
Privtdcd That in the case of independent
or pay patients the petition shall be signed
by one OF the nearest relatives of such in
sane person, by his legal guardian or by
some friend All costs of the proceeding
shall be betrayed out of the estate of such
person, and deposit shall be paid into
court sufficient to cover such costs: and the
request for admission to said hospital shall
be made within five days after the entry of
the order of court.
Presence of the Party.
Sec. D. That the court shall require the
presence of the alleged lunatic at the hear
ing of the application, unless for good rea-
son it shall direct otherwise by an order
stating such reason.
Sec. g. That the order of the court on the
hearing of the application on the petition
and evidence shall he made without an in
QUESTION by jury, and all the proceedings
under the petition shall be entered in the
minutes of the court.
See. {. That il shall be the duty of the
Commissioners of the District of Columbia
SO soon as practicable, to returp to their
places of residence to their friends all
INDECENT insane persons not residing in the
District at the time they became insane
who are now detained in the Government
Hospital for the Insane. or who shall be
committed to the said hospital to be tenn
Porarily cared for, provided in section
forty-cight hundred and fifty Of the Re-
v:sed Statutes of the Unitad States and all
necessary expenses incurred by the Com
missioners in ascertaining the locality
where such persons their friends belong
and in returning tn m to such locality
shall he betrayed 10y the District of CO.
lumbia.
Sec. 5. That all provisions Of law incon-
sistent with this act be- and the same are
hereby, repealed"
Increases Expense.
1t is stated that the bill was never re-
ferred to the Commissioners for an cxpres-
sion Of their opinion, and it is also stated
that the judicial proceedings will mean an
expense TO the District in each case of at
least sun, while under the previous law the
cost but Of trifiing extent.
The matter is being considered by the
Commissioners, but it is understood that
no action will be taken by them until after
Commissioner Ross returns from New York
which Will ne tomorrow. as he has charge
of such matters. 1t is likely that Congress
will then be communicated with and the
apparent defects in the new law pointed
out. with the request that they be at once
corrected. In this connection 1t is said that
there is no appropriation made by the bill
to carry out its provisions, and thai Us
stated re- he another reason why the atten-
ton of Congress will be invited to the mat