Evening star. [volume] (Washington, D.C.) 1854-1972, 1905-12-31
Commitments for Insanity.
tho Editor nf Tho G&nr.

AS q physician cannot concur with the
opinion expressed by DR.. White in his re-
port of the Government Hospital for the
Insane as published in The Star of De-
cember %, concerning commitments to the
asylum, when he says. 1.-THE crying de-
feet in the present commitments to the
hospital Is the fact that the commitment
has to be in open court by inquisition be-
fore jury. Trial by jury is not the
crying defect in the present method of
commitment to the asylum. It is the fun
damental basis of Anglo-Saxon jurispru-
dence The laws Of this District as re-
CARDS lunacy cases are based upon the
English common law. Commitments to
the insane asylums are in derogation of
the right Of personal liberty, and no onx
should contend that the infringement or
limitation of that right should be taken
except from the most urgent necessity and
by the most conservative method Is 1t
wise to abolish jury trials in such COM
mittments?
the question of insanity is solely and alb
solutely medical question to be solved
by medical men, and there is no more
sense in submitting such question to a
jury Of twelve laymen than there 's in
submitting any other medical question,
SUCH, COR example, the existence of
TYPHOID fever, to such jury" In point of
fact the question of insanity as deter
mined by a tribunal settles the legal
status and civil rights of the one ALLEGED
to be insane; If found insane he is d.
vested of all property rights and of his
standing as citizen in every way. Even
a person isolated by reason Of smallpox
infection is not Invested Of all civil
rights In cases of capacity to make a
Will or contract 1t would be clearly Inn
possible to determine the question at issue
by the verdict Of medical men solely with
out upsetting the whole theory and prac-
tice of our laws Numerous other instances
hnar ipcy
contention.
That the question of insanity is solely
and absolutely medical question is an
erroneous statement. In point of fact the
question of insanity can only be deter
mined by the symptoms discernible In any
given case; and for the most part such
symptoms are readily recognizable when
attention Is called to them by the average
juryman. 1t is true that manifestations
of TYPHOID fever might be observed by
medical men where the ordinary observer
would not perceive. but in many cases of
insanity there is lack of physical or ana
tomical defects, and in such case the
whole question turns upon the mental
equilibrium and capacity of the person In
question. Upon this point the physician
and psychologist may be able to throw
some light. but the ultimate decision
should rest in the verdict of jury of I'M
biased minds.
DIR. White in his report also said: MANY
states of the Union have long since
done away with inquisition by jury. 1t Is
not believed that a majority of the states
have abolished the right of trial by jury
in insanity cases that they will ever
do this. Surely enlightened lunacy leg
tslation" calls for the exercise of the high
est degree of precaution in the commit
ment of citizens to an insane asylum; and
the wisest tribunal devised by man Is that
of well-constituted court presiding over
the deliberations of well-chosen jury
and such a tribunal will rarely err In
making commitments to an insane asylum
where they are actually necessary. Any
other method Is liable to abuse and to
mistakes destructive Of civil rights.
Repeated acts of Congress have been
enacted during the past ten years making
changes in the method of commitment to
the insane asylum-in one instance at
tempting to abolish the right of trial by
jury, which act was subsequently re-
pealed. There certainly seems to be no
popular demand for the adjustment of the
trial by jury in insanity cases. The ques-
ton has been thoroughly and often con-
sidered by the District authorities.
District Attorney Duyall opposed any
interference with the right of jury trial
in his opinion of December 26, 1892. as did
also United States Attorney Henry q.
Davis, in his opinion of March 49, 1900, be-
fore the Senate judiciary COMMITTEES. The
court in general terms has also decided
the question adversely to the contention
of Dr. White.
1t does not appear that the attempt to
do away with jury trials arises from any
popular demand or from the District au-
thorities who contract for their care in the
asylum The constitutionality and advis-
ability from an administrative standpoint
are open to many other serious objections.
CHAS. NJ. EMMONS.