The evening times., 1900-03-21
PROCEEDINGS IN LUNACY.
Attorney DuvaII Files Objections 10
the Present system.


The Commissioners have received a
statement from A. b. Duvall, Attorney for
the District. which calls attention to Sen
ate bill 1888, ito 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.. Duvall submits a 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vail desires repealed provides in general
for the selection each year by the Justices
of the Supreme Court of the District, Of
! medical examiner in cases of lunacy
This examiner shall certify TO the court
as to the mental condition OF all persons
alleged to be insane and for his services,
the bill allows him a compensation.
In his statement, Mr. Duyall recommends
the repeal OF this act and states that the
amendment proposed will 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
| burdensome than at present and may pos
! sibly add to the expense OF the proceed
| ings.
Mr.. Duvall cites the condition existing
| prior to the passage of the bill OF January
! 81 and states his objections in the follow
| ing words:
ut is very doubtful. unless Eaid a large
| salary, whether physician of good stand
| ing and with requisite learning and eXpe-
| rience, 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 a competent physician could be
secured for moderate compensation. 1t Is
| not believed that one man could examine
! all the alleged lunatics required TO be
| looked after by the public authorities.
"A person who is alleged TO be Of un-
! sound mind is entitled to have the ques-
| tion of his sanity passed upon by 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 Charcery or
the Court OF Equity, in the nature OF writs
to enquire in the cases Of alleged insanity.
I The commissions are issued on petition.
accompanied by affidavit as tC 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-
quiry through a jury.
But aside from this question" said
| Mr.. Duyall. "ihe proceedings under the
act approved January 81, 1899. are cum
brOus, expensive, and very unsatisfactory
After petition signed and sworn TO by
some responsible resident of the District
of Columbia is allowed by order OF the
! court to be filed, copy of the petition
and copy Of the order of the court di-
recting the filing of it 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. 10 examine the alleged
! lunatic and testify as TO his mental con-
ditiOn. Each physician under the act is
/ paid a per diem compensation of $40 by
the District, in addition TO other costs
! aud expenses. while before the proceed
/ ings were changed the physicians were
! summoned as other witnesses, and were
| paid only Si.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
/ cludng cases of alleged lunatiCs of homi-
! cidal or violent tendencies. the Commits
! sioners are under the necessity of pro-
! curing some responsible resident of the
/ District TO sign or swear to the petition
! in cases practically instituted by them
/ selves