Evening star. [volume] (Washington, D.C.) 1854-1972, 1905-07-19
HELD WITHOUT Law
Decision Affecting Many Con-
fined as Lunatics.
THECASEOF A. M.WILLIS
EFFECT OF RECENT RULING OF
JUSTICE WRIGHT.
Report Of Corporation Counsel Duvall
to the Commissioners Transmitted
to Secretary Hitchcock.
THECASEOF A. M.WILLIS

Amazing possibilities are limited at In q
communication forwarded to the Commits
sioners yesterday by Corporation Counsel
Duvall. and by the Commissioners for
warded to Secretary Hitchcock Of the De-
partment Of the Interior today.
1t concerns the habeas corpus proceed
fngs recently Instituted in the District SUI
preme Court In behalf of Alexander NJ.
Willis. an inmate of ST. Elizabeths Hos
pital, transferred from the National Sol
diers' Home in Michigan.
In deciding the case Justice Wright de-
clared the law under which Willis was
committed to the asylum unconstitutional
In that the patient was deprived of his
liberty without trial by jury, and stated
that unless Willis. of whose mental I'M
soundness there seems no doubt was or
dered committed to ST. Elizabeth's by the
regularly constituted marshals jury before
Monday next. he would grant the writ of
habeas corpus and thus secure Willis re-
lease.
Five Hundred Similar Cases.
AS there are fully 500 patients In St. Eliz-
abeth's Asylum who were committed to
that institution by exactly similar means
to those employed in Willis case the Dis
trict Is confronted with the possible prob
lem of having any number or all of them
returned to liberty by order of court. Such
contingency is not at all likely to occur,
but each inmate who has sufficient mental
power to see the possibilities and funds
enough to carry his case to court can force
open the asylum gates and step out into
the city Such persons of course, would
Immediately be arrested, but under the law
which provides that only such cases as are
properly charges of the District of Column
bia shall be held at the asylum at the Dis
trict's expense. then would come the prob
lem of transporting each Of them to the
jurisdiction whence he came originally.
Corporation Counsel Duvall. In his report
holds that 1t Is not the duty of the local
government to take the initiative, and sug-
gests that the attention of the Secretary
that instructions may be issued.
Duty to File Petition.
AT the hearing of the habeas corpus pro-
ceedings. says Mr.. Duvall, Mr.. Justice
Wright of the Supreme Court of the Dts
trict Of Columbia on the 18th instant held
that said Willis was being held in con-
finement contrary to law; that in order to
hold him at the Government Hospital for
the Insane jury would have to find him
of unsOund mind. and he ordered that pro-
ceedings be instituted on or before the 23d
instant. otherwise he would be discharge
1T has been suggested to me through the
United States attorneys Office that It Is the
duty of the Commissioners, representing the
municipality. to file the petition In this
| mans case to have his mental condition
inquired into. In my opinion. in such a
case. no such duty rests on the Commits
sioners. Here a United States statute. not
relating to District affairs. distinctively ma
tional In Its character and part of the gem
eral plan for dealing with it's unfortunate
dependents throughout the entire country,
has been declared to be void by the court
and, In my Judgment, 1t Is the duty of the
United States officials either to maintain
that statute or else take the necessary
steps to carry out the order of the court.
This Is a matter of considerable impOr-
tance." Mr.. Duvall continued. II under
stand from DR.. Hummer one of the physi-
clans at the insane asylum, that there are
upward of 500 patients in said institution
who have been placed there under the same
procedure as was Willis Should the Com
missioners stand ready to be the petition
ers in all these cases, it will cost the Dis
trict $500 in court costs alone.
Il am informed that DR.. White. superin-
tendent of the asylum, declines to file the
petition to bring this mans case before a
jury Upon what grounds l do not fully
know He has frequently been the petit
toner in cases for appointment of commit
tees for inmates of the asylum. He is the
legal custodian of the person of the in
mates and is responsible for their detention.
In the habeas corpus case he answered that
Willis was insane,
The Principle Involved,
Entirely aside from the matter of costs
there Is principle involved. Is It the duty
OF the Commissioners to maintain the su-
perintendent's authority by virtue of which
he holds said Willis? / submit that IT is
not. Is it the duty Of the Commissioners
to carry out the order Of the court and In
stitute proceedings In the case of a nom
resident lunatic committed to said institu-
ton by virtue Of United States statute
general In Its nature, and which imposes
the duty on the superintendent to care for
and trust certain class Of lunatics sent
to his institution? I submit that 1t is not
Furthermore. II this man was discharg-
ed. and 1t was incumbent upon the Com
missioners to institute proceedings for his
commitment anew to the asylum, 1t would
be their duty Immediately under section
OF the act of Congress of January 81
1888 go Stats. BID. to cause his removal to
the National Soldiers Home at Michigan.
the place from where he came. 1t cannot
be possible that Congress intended any pro-
cedure by the Commissioners that would
thus result
Il would suggest that this matter be call
ed to the attention of the Secretary of the
Interior for immediate action as instruc-
tions will have to be given to the proper
officials to proceed in this case on or be-
fore Monday next"