Evening star. [volume] (Washington, D.C.) 1854-1972, 1901-01-23
PROPOSED LEGISLATION
PROCEEDINGS FOR ADMISSIONS TO
HOSPITAL FOR THE INSANE.
Draft of Bill Submitted to Congress
Today by the District COM
mfssiOners.

men of the two District committees in Con-
gress by the Commissioners bill drafted
by them providing for the proceedings for
admission of INDECENT insane to the Gov
eminent Hospital for the Insane in the DIS
trict. The present law regulating commit
ments to the hospital for the insane IN
wolves, according to a statement furnished
the Commissioners by the auditor OF the
District, an annual expenditure Of about
$4,000. The act in force prior to January
81, 1899, and which is proposed by the Com
missioners' bill to be reinstated upon the
statute books, states Mr.. ]. T. Petty, the
| auditor, required an outlay of less than
5000 year.
1t was because of this fact, and in view
of the reiterated opinion Of the attorney for
the District, that the existing law, when
tested before the courts, will more than
likely be declared unconstitutional, in that
1t does not provide for trial by jury, that
the commissioners, upon the motion OF
Commissioner Ross decided to submit the
new bill and ask for it's early enactment.
The average number of INDECENT insane
persons committed in the District each
year to the insane asylum is about 2oo
not to mention the large number OF cases
brought TO the attention of the authorities
requiring investigation, and yet not result
Ing in commitments to the asylum.
The Former Method.
Prior to January 81, 1899, INDECENT insane
persons in the District were committed to
the Government Insane Asylum upon the
finding of jury that they were Of unsound
mind The expense of such proceedings
had been reduced to a minimum by the
provisions of the act Of July I, 1898. which
authorized the United States marshal to
empanel jury from the talesmen in at
tendance upon the Criminal Courts. This
provision of the law also enabled the cases
10 De tried without any considerable delay.
CT i'm, 40
Congress substituted the act Of January
81, 1899, which is, in the opinion of the at
torney for the District, of exceedingly
doubtful constitutionality, because, as he
mas pointed out, it in terms denies to the
alleged lunatic the right of trial by jury,
and commits the question of his sanity to
the determination of the justice Of the Dis
trlct supreme Court holding a special term
Tor orphan Court business.
Text of the Bill.
The bill submitted by the Commissioners
to Congress today as follows:
A bill to provide for the proceedings for
admission to the Government Hospital for
the Insane, in the District of Columbia IN
certain cases.
BE it enacted by the Senate and House
of Representatives of the United States OF
America IN Congress assembled:
Ihat hereafter, proceeding for admission
to the Government Hospital for the Insane
District Of Columbia and of insane persons
OF homicidal or violent tendencies found
therein, and for admission, temporarily, to
said hospital of nonresident insane persons
found in said District, shall be upon petit
ton of the Commissioners of the District
of Columbia, sworn to by one or more OF
said Commissioners, or by some other re-
sponsible person, filed In the Supreme Court
of the District of Columbia holding an
Equity Court: which said court shall upon
filing Of such petition, issue writ de luna
tico inquirendo whereupon the proceedings
shall be in conformity with the law relat-
ing to such matters in force in the District
of Columbia on the 30th day Of January,
1899. And in executing such writ 1t shall
be the duty of the marshal for the District
of Columbia to impanel jury from the
jurors in attendance upon the Criminal
Courts of said District, who shall perform
such service in addition to, and as part Of
their duties in said court, and during such
time as Jurors are not in attendance upon
said Criminal Court the said marshal may, IN
executing such writ, impanel the jurors in
attendance upon the Police Court of said
District who shall perform such duties IN
addition to and as part of their duties IN
said Police Court.
Sec 2 That the act of Congress ap-
proved January 81, 1899, entitled An act
to change the proceedings for admission to
the Government Hospital for the Insane in
certain cases, and for other purposes and
all other acts or parts of acts inconsistent
with this act be and the same are hereby
repealel "