The Honolulu republican. [volume] (Honolulu, T.H.) 1900-1902, 1900-09-14
A VICIOUS Law.

At the time Of the impaneling OF the
late grand jury Judge Humphreys
called attention TO the present law pro-
viding for the manner OF commitments
10 the insane asylum. saying that uu-
der II anyone could be railroaded to
the asylum by a district magistrate
upon the uncorroborated testimony If
one witness. The hearing Of the appli-
cation OF Mrs. Rita c. Tewksbury in
the Circuit Court yesterday for release
from the asylum showed that Mrs.
Tewksbury had been committed to the
asylum by q district magistrate upon
the uncorroborated testimony Of one
person. Judge Humphreys well said
in ordering that Mrs. Tewksbury be
discharged:
This statute provides for no sort Of
hearing and in many instances the
proceedings are farcical and an out
rage upon justice. Who wants the
question Of his sanity passed upon by
district magistrate? In many in
stances the district magistrates. who |
are usually justices of the peace, are
not lawyers or educated persons AMI |
in some instances not only are they !
ignorant, but corrupt and vicious As |
well. Let this petition be dismissed |
and let Mrs. Tewksbury be discharged |
from the asylum"
The legislature must needs take up
this subject among the first that 1: |
acts upon. In California the state has
a lunacy commission and in each cou,-
ty this commission appoints a number
OF the leading recognized physicians
in good standing to investigate thor
oughly every person charged with be-
Ing insane The person so charged is
placed in padded cell for a period Of
one week or more, during which time
several examinations must be made by
the two doctors specially appointed by
the lunacy commission. and then the |
charge is heard before the Judge of the
Superior Court, the highest court in
the state next to the Supreme Court,
sitting specially for this purpose as
committing magistrate
In addition to making regular exaLl-
nations each day and giving testimony
before the court. the doctors are re-
quired TO fill out four-page blank
showing every feature OF the case,
whether or not insanity has ever ex-
listed in the family; was the case the
result of sickness or sudden bereave-
ment. or resulting from epilepsy or any
other cause. This report is forwarded
by the court, with the commitment, to
the lunacy commission so as to guide
The superintendent of the asylum and
he commission in the treatment of the I
case and the best means to effect a
,ure
In the territory of Arizona, which,
'f course, has not made the strides Of {
he great state of California, person
,harged with insanity must be given a
learing before the probate judge Evil
lence of insanity must be presented by q
he county physician and at least one i
'ther reputable physician and there .
must be an interval Of not less than /.
wo days between the time Of making =
he charge and the hearing by the pro- I
ate judge. II the person charged ]
nth insanity or any friend demand A
ary hearing. the judge must grant 1t
nd the verdict must be unanimous o
efore commitment can be made. | e
he probate judges are very careful q
nd only upon the most convincing tes- '
mony. thoroughly substantiated and
orroborated. is an order for commit
Ient entered
Hawaii, for the sake OF her good
anne. must enact legislation upon this
lbject az the earliest possible mo- m
ent.- The present law opens wide The is
'or for corruption snd thedeprivatio7 Wi
liberty and property 1t is a dis "
ace to nineteenth century civilizA- =
IN lii