The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1905-11-24

ents and IS who partially pay their
way out of total NUMBER of over
1000, ought to acquit us OF the charge
of discriminating against the INDECENT
insane. You saw and felt the force OF
the figures and you shift the contrO-
versy by now saying that we admit
as INDECENT patients those who are able
and ought to pay.
In every application for admission
the person making it mas to answer
under oath concerning the property
or lnCo--le of the proposed patient una
also concerning the property and IN
come of those who are legally liable
for their support The evidence is
under oath. bet ii we have any reason
to suspect that the statements given
are not true we seek other sources of
information.
You quote the dictionaries to show
the meaning of the word INDECENT
and you argue that the Board OF
County Commissioners and the pen
sion boards of the State have con
strued the word to mean the same as
the word "pauper" or one destitute Of
property or means of support. [ admit
that you argue we'll and that you can
at FEAST give plausible reasons tor your
position, but at the same time Mr..
Editor. it can be demonstrated that
you are entirely wrong. Your conten-
ton is based upon the meaning of
that clause of the Constitution proVid-
ing for the INDECENT insane Inc
meaning of that clause is question of
law and the only power which can
speak authOritatively upon the sub
iect and whose decision is final is the
Supreme Court of the State. 1t will
doubtless be a surprise to you TO learn
that the highest court in North Caro-
lima has carefully considered this very
question upon which you have such
pronounced views and decided it di-
rectly contrary to your contentious.
If you will read the case of In re
VIM Hybart, lunatic. 119 n. G. page
$50 you will find that unanimous
court. after due deliberation and ar
gument, decreed that the term lin
digent insane" as used in Sec, 10, Act
IL of the Constitution and Sec. 2276
of the Code includes all those who
have no income over and above what
is sufficient 70 support those who MAJ
legally be dependent on the estate
and the court in trying to find out the
true intent of the trainers of the Con-
stitution, uses this language
but if such. Interpretation had not
been acted upon, there can be no
doubt that the trainers of the Con-
sttution. who provided for the estab
lishment and maintenance of the
Asylums, intended that no such mar
row construction should be given to
the word "indioent'' as would deprive
the family of one. stricken with so
terrible a visitation, OF the services of
the head of the household and a. the
same time divert to his own use. the
income derived from his prosperity.
when il is not more than sufficient for
the support. according to the cOndi-
ton in life. of those who have been
legally dependent upon HIM when in
his right mind" Now this is the mean
ing of the Constitution as declared by
the only power having authority to
declare it: and should not a Director.
who has taken an oath to support the
Constitution, be guided by the inter,
probation of the meaning rather than
d definition taken from a dictionary,
or based upon the acts of the Boards
of County Commissioners and pension
bards. and upon the opinions of others
none of whom have authority ana
power 10 interpret the laws of the
land?
This decision of the court is the
law and it must stand until it is re-
versed by the same pOwer-but so
long as it does stand, every man who
has taken an oath of Office TO support
the Constitution of his State, must OBJ
serve it, or violate his oath.
The decision may be wrong-I do
not think so-but surely the Board of
Directors should not be criticised for
accepting and following the interpre-
tation placed on the CONSTITUTIONS by
the highest court in the land. and |
am sure that you upon reflection will
agree with me. | trust that you will
publish this and then so far as | am
concerned. the controversy is ended
Yours very truly
G. II. ARMFTELD.
StateSViilp n G Nov y 1909