The evening times., 1900-03-21
PROCEEDINGS m LUNAcY.
Attorney DuvaH Files Objections to
the Present system.

the Present system.
The Commissioners have received a
statement frou, 4. b. DuyaU. Attorney for
the District. which calls attention to SEN
ate bill 1888. "to amend an act entitled
an act TO change the proceedings for ad-
mission TO the Government Hospital for
the Insane in certain cases. and for other
purposes Mr.. Duyall submits draft
OF a bill for the purpose Of repeating the
act and restoring the former procedure.
The act Of January last. which Mr.. Du-
vail desires repealed. provides in general
Tor the selection each year by the Justices
OF the Supreme Court Of the District OF
a medical examiner in cases OF a lunacy.
This examiner shall certify 10 the court
as 10 the mental condition Of all persons
alleged to be insane and, for his services.
the bill allows him a compensation.
In his statement, Mr. Duvall recommends
the repeal OF this act and states that the
amendment proposed viii not relieve the
act Of many Of its Objectionable features
but in his judgment will cause the work
OF the examination Of lunatics TO be moro
buruensCmC than at present and may pos
sibly add TO the expense OF the proceed
ings.
Mr. DuvaI cites the condition existing
prior to the passage Of the bin on January
u and states his objections in the follow
ing words.
1T is very doubtful unless rsij a large
salary, whether a physician Of good stand
ing and with requisite learning and expe-
rcnce. would accept such an appointment
as contemplated in this bill. abandon his
private practice. and give TO cases OF al
legged lunacy the undivided at
teutiOn which would be necessary;
but assuming that the services
Of competent physician could be
secured for moderate compensation. Il Is
not believed that one man could examine
all the alleged lunatics required % be
looked after by the public authorities.
"A person who is alleged 20 be Of un-
sound mind is entitled TO have the ques-
tion Of his sanity passed upon by a jury
OF his coUntrymen. The ordinary mode Of
procedure in such cases. both in England
and In the United States. is to issue com
missions OUT OF the Court Of Chancery or
the Court OF Equity. in the nature Of wEits
10 enquire liz the eases Of alleged insanity
The commissions are issued on petition
accompanied by affidavit as &c the truth OF
the facts set therein There must be a
regular adjudication OF the question by
due process OF law. without which even
the chancellor cannot act. and due process
OF law establishing the insanity Of a per-
son has long been declared TO be by en-
qulry through a jury
But aside from this question said
Mr.. Duvall, "the proceedings under the
act approved January 81, 1899. are cum
brous, expensive, and very unsatisfactory.
After a petition signed and sworn TO by
some responsible resident Of the District
OF Columbia IS allowed by order OF the
court 10 be fled. a copy Of the petition
and copy OF the order OF the court di-
recting the filing OF 10 must be served on
the alleged lunatic and also on the Com
missiOners.
The court appoints two or more ply
sicians, not connected with any hospital
for the insane. to examine the alleged
lunatic and testify as 10 his mental con-
dition- Each physician under the act is
paid per diem compensation Of SO BY
the District. in addition tc other costs
and expenses. while before the proceed
iugs were changed the physicians were
summoned as other witnesses. and were
paid only S1.25. the fee or allowance paid
other witnesses.
Under the previous system the Com
missioneTs presented their petition TO the
court, and the writ was ordered to issue
forthwith At present in all cases. in
Guiding cases OF alleged lunatics or homf-
cidal or violent tendencies. the Commits
siOners are under the necessity Of pro-
curing some responsible resident OF the
District 70 sign or swear TO the petition
in cases practically instituted by them
selves"