The evening times., 1901-05-17
AFFAIRS OF THE DISTRICT
Physicians Entitled to Pay as Wit
nesses in Insanity Cases.
The Comptroller of the Treasury
Renders an Opinion on This Sub
ject-PubIic Work Ordered by the
mmfssiOnerS-COmpI Filed.


COmmissiOners-COm Filed.
The District Commissioners recently at
the instance of Commissioner Ross, ad-
dressed the Comptroller Of the Treasury,
asking for decision on the question Of
compensation to the visiting physician Of
the Washington Asylum Hospital. and to
the police surgeons. In their letter to the
Comptroller the Commissioners said:
The act making appropriations for the
expenses Of the Government of the Dis
trict of Columbia provides for visiting
physician at the Washington Asylum, at
a salary of II. i.0s9 per annum, and four
surgeons of the Police and Fire depart
ments at $40 each per annum. The du-
ties of the visiting physician require him
to call daily at the Asylum and give med1-
cal advice andsattention free to such in
mates as may need his services The du-
ties of the police surgeons. in part are
defined as follows: It shall be the duty
of the surgeons to render medical and
surgical aid, when needed. to all members
of the Police Force and to prisoners and
persons brought to the StatiOnhouses
where the case is of q serious nature.
when notified by q lieutenant or station
keeper that such services are required
The act OF January 81, 1899, regulating
admissions to the Government Hospital
for the Insane provides for the examina-
ton Of person suspected of insanity by
two or more physicians. who shall testify
as to his mental condition, and who shall
be entitled to a per diem compensation Of
SO respectively for their services
1T frequently occurs that the visiting
physician to the Asylum, when making
his official rounds. is required to pass
1F Al Cf
one who has been committed to the in
stitution, and, after making the neces-
sary examination, to testify in regard
thereto a the judicial hearing of the case
As these cases arise at the Asylum and
the attention of the visiting physician
is usually called TO them while attending
there in the performance of his duties, his
right as sa1aried officer of the Institu-
tion to receive the fee of SO per diem
for these examina tions, in addition to his
regular pay, IS not clear.
Among those who from time TO time
are held temporarily at the police stations
symptoms of insanity are manifested and
the surgeon in charge examines the al
legged or supposed lunatics afterward tes-
tifying in court as to the result of the
examinations thus made In the cases Of
the police surgeons, as in that of the vis-
iting physician OF the Asylum. the right
TO receive the fee of SO per diem. under
the act Of January 81, 1888. in addition to
their regular salaries, is of somewhat
doubtful legality. The act of January 81
1888 provides:
That as soon as may be after the fl
ing Of the petition the court shall appoint
two or more physicians. not connected
with the hospital for the insane, to ex-
anime the person alleged in the petition
to be insane, and to testify as to his men
tai condition, each of such physicians to
be paid a per diem compensation of 80
by the District of Columbia, on the Ger
tificate of the court that his account for
services IS just. and other witnesses ex-
aTniGed on such application shall be paid
by the District the fees and allowances
prescribed by the law FOR witnesses sum
moned IN behalf OF the United States. and
all the costs of the proceeding shall be
paid by the District
Comptroller TracewelI in passing upon
the questions raised by the Commissioners
submits a decision favorable to the pay
neut Of the per diem compensation TO the
officials named. He says.
This is a special provision with regard
to a class of witnesses IN particular cases
providing the manner In which they shall
be appointed, the duties they shall per-
form, the compensation they shall re
ceive for their services. and the manner
in which the amount they shall be en-
entitled to receive for such services shall
be determined As to the compensation
OF this class OF witnesses this provision IS
exclusive and is not controlled by the
general provisions as to fees OF witnesses
IN section SIS and so of the Revised Stat
utes-
The duties of the police surgeons and
visiting physician of the Washington
~
those of the physician appointe for the
purposes provided for in the az iof Jan
uary q, 1899, and If one person performs
the duties Of both positions or employ
ments he IS entitled to the pay OF both
positions or emplOyments.
II have. therefore, to inform you that
the per diem compensation providef for in
the act Of January 81 1893, may be paid
to the officers mentioned in your com
TnUnicatiOn, If they have performed the
services therein required and their ac-
counts have been certified to by the court
appointing them as required.
The Commissioner today authorized the
following orders issued by the Engineer
Department: That the superstructure Of
the bridge across Rock Creek, near Mas
sachusetts Avenue extended, be painted
at an estimated cost Of s7U0, chargeabIe
tC the current appropriation for ordinary
care Of bridges.
That a sprinkling wagon be purchased
for use on streets. at an estimated cost
Of S3f0. chaTgeable to the appropriation
Tor repairs 10 streets.
That the abutment at the west end Of
the Chain Bridge be repaired at an esti-
mated cost of 500, chargeable to the cur
rent appropriation for repairs TO bridges
That new granite curb be set and ce-
ment sidewalk laid on the north side Of
D Street, from Tennessee Avenue to
f