Evening star. [volume] (Washington, D.C.) 1854-1972, 1903-08-29
THE DISTRICT EXEMPT
NOT OBLIGED TO PAY FEES IN
LUNACY CASES.
Opinion Of Controller Tracewell Upon
Question Submitted by the Dis
trict Commissioners.


opinion to the District Commissioners as to
the payment OFFICES by the District In lun-
acy proceedings, exempting the District
from HabiHtyt5 such fees. The Commits
sioners inquired Of the controller:
Whether under existing law. fees for
services rendered In the institution and
prosecution Of judicial proceedings in the
Supreme Court OF the District Of Columbia.
and more particularly In view OF the sew
eral special laws on the subject. fees in
lunacy proceedings. Should be paid (by the
DISTRICT to the clerk Of the Supreme
Court"
Mr.. Tracewelrs decision is as follows:
Prior to the passage Of the act Of July
Z. 1893 60 Stat. $3.50. the District Of Co
lumbia was required to pay court costs In
tho Supreme Court Of the District. and
also In the Orphans Court. which has. as
l understand, a different clerk from that of
the Supreme Court including the taxable
fees of those clerks.
by the act Of July I. 1898. supra. the
District OF Columbia. when litigant. either
as plaintiff or defendant, In the Supreme
Court OF the District. was exempted from
paying fees to the clerk of the Supreme
Court. This applied to all proceedings in
that court At this time. and as part
OF this law. lunacy proceedings were insti-
tuted or had in the Supreme Court Of the
District and filed in the office of its clerk.
Special Law Passed.
"The law thus remained until January
81. 1850. when an act (31 Stat. BID, was
passed special in its nature and applying
only to lunacy cases. BY the provisions
of this act two classes of persons are COW
cred. namely. the INDECENT, and those hav-
ing ability to pay costs.
These two classes Of persons are ad-
mitted to the Insane Hospital on petition
presented in open court to the justice of the
Supreme Court of the District of Columbia
holding a special term for Orphans Court
business. A jury trial is dispensed with
under this act by section thereof. Those
having ability to pay are, required to pay
all costs OF the inquisftioh, and are further
required to put up deposit for costs.
THE District Is required to pay all the
costs in the. case of an INDECENT insane
person. When the act uses the language
(section A all other costs of the proceeding
shall be paid by the District l think it
means in INDECENT cases and refers to all
other costs except the costs or charges of
the physicians and other witnesses which
had been provided for in prior lines Of said
section 4.
II think this being a special act. con-
fined to organizations Of insane persons
and fully covering the matter Of such ex-
amtnattonS and trial. should be held to be
exclusive as regards such examinations
while the act was in force. and does not re-
peal the act of 1898. which provides that
the District shall pay no costs when liti-
eating I'M thef courts of the District but
simply suspends said act Of 1898 as re-
CARDS the costs in insanity cases.
I'VE now find that on March 3, 1903 go
Stat. 1879. Congress enacted a law affect
ing two classes, alone Of writs de lunaticio
1nqurendo seeking to commit such indi-
gent and dangerous insane to the govern
ment hospital for the insane. which pro-
vides that, thereafter these proceedings
shall be taken in the eqity court of said
District. and shall be in conformity with
the law in force in said District on the
3Oth of January. 1885,.
Not ii Force January 80, 1899.
ut will be borne in mind that the act
of 1899 was notJin force on the 3Oth day Of
January. 1892 ut was not law until the
31st day Of January. 1899. All sections of
the act of January 40, 1899, providing fees,
ETC.. were t spsass55aHfally repealed by the lat
This; leaves but single inquiry namely:
What law Was in force relative to writs in
lunacy as affecting the two classes men
toned. !. g.. the INDECENT and dangerous
insane, on the Goth day of January, 1899?
If the act Of January 81. 1899, repealed
the act OF July 7. $685. we must look to the
code. but when we look at the code we
see that, could not be the law in force on
January 30. 1899. for it. 1.-THE code) was not
approved or did not become a law until
March 8. 1901. think 1t is plain that 1t
is the law of 1898, supra, that Is meant.
The act Of 1898 changes the court, but
leaves all the other provisions of the act
of 1898 in force as regards these lunacy
cases where the lunatics are INDECENT or
dangerous
corder are entitled to fees from the District
In these cases. but are entitled to them
when the parties pay them"