The Washington times. (Washington [D.C.]) 1901-1902, 1902-02-18
Ruling of City Attorney on a
St. Elizabeth Patient.
HAD MONEY WHEN COMMITTED
Proceedings May he Instituted on
Behalf of Asylum Authorities TO
secure appointment of II Commit
tee of His Person and Estate.

Mr.. A. B. Duvall. the City Solicitor. yes
ierday submitted an opinion TO the Dis
trict Commissioners relative to the case
of Jose Luiz Fagundes, lunatic, confined
in the Government Hospital for the In
sane.
When FaguIdes was arrested he was
found to have quite sum of money IN
his possession. The attorney recently
held that this money might be used in
paying for the patients maintenance. Dr..
Richardson. superintendent OF the asy-
lam. stated to the Commissioners that
Faeundes had been committed to the in
stitution in the manner prescribed for
INDECENT patients, and he thought the
money could he used in the manner in
dicated.
Not an INDECENT Insane Person.
The matter was again referred to the
City Solicitor. who now states:
"Fagundes' sanity having been called in
question, ne was received in the Govern
rnent Hospital for the Insane November
is. 1901 on the usual temporary permit
issued by the Commissioners, to be held
pending a judicial investigation. The
judicial investigation resulted in the order
of the court of November %, 1901, adJuds-
ing Fagundes TO be an insane person,
not an INDECENT insane person
He was so adjudged because the judicial
investigation developed the fact that the
lunatic was a nonresident, and that he
ha0 on his person at the time he
was sent to the insane asylum for tenn
Iorary confinement the sum of s3S1.S5.
The order of the court directed that he be
committed to the Government Hospital
for the Insane for treatment, until other
wise ordered by competent authority and
the lunatic was accordingly committed.
Not at the Expense of the District.
1T appears from the enclosed papers
that the lunatic is still confined in the
Government Hospital for the Insane, and
some misunderstanding seems to exist as
TO whether the District should pay for
his maintenance while at this institution.
] am still of the opinion that Fagundes
was not committed 20 the asylum by the
court at the expense of the District, and
that the municipality is not liable for his
maintenance. AS / stated in my previous
communication, he is a pay patient and
the asylum authorities should require HIM
TO pay for his care and treatment while
there
I'm order to render the money of the
.lunatic available for the payment of his
. maiptenance while at the insane asylum,
; proceedings should be taken by or on be-
half Of the asylum authorities to secure
the appointment OF a committee of his
: person and estate. In view of the facts
in this case l am not unwilling to con-
duct these proceedings.
Procedure i'm the Case.
THE procedure in the case will be as
follows:
"A petition will have to be fled in the
Supreme Court of the District of Col
umbia in the name of some one represent
ing the hospital setting up the facts in
the case and requesting the appointment
of committee. The court will then ap-
point a committee with authority to col
lect all money and property belonging
to the lunatic, but before acting he will
have to give bond in the sum OF $500.
conditioned for the faithful discharge of
his duties as committee.
After qualifying it would become the
duty of the committee not only to pay
for the care and treatment of the lunatic,
but to send him TO his home as soon as he
is able to travel. OF course, the expense
of the proceedings for the appointment OF
the committee should be paid out of the
estate of the lunatic'