Montour American. (Danville, Pa.) 1866-1920, 1907-10-17
DECISION IN
IMPORTANT Case

! Judge Evans Saturday handed down
decision in the case of the trustees
of the State hospital for the insane VS.
Danville and Mahoning Poor district,
May term, 1907, assumpsit. By agree
ment filed in the cause the parties dis
pensed with a trial by jury and sub
mitted the decision of the same to the
court, pursuant to the provisions of
the act of April, %, 1874.
This was an action brought to re-
cover for medical care, maintenance
and clothing rendered Catharine
Hahn, an alleged pauper committed
to the care and custody of the plain
tiff by the overseers of the poor of the
defendant poor district. The court
| finds that the said Catherine Hahn
was not an INDECENT insane person and
that the hospital for the insane is en-
titled to Judgment against the Dan
Vile and Mahoning Poor district.
The decision is one of much import
ance, as it aims to break up practice
pretty generally in vogue throughout
the State-that of committing persons
to the various hospitals as INDECENT
insane, when they have estates or some
one responsible for their care and
keeping.
When the lunacy commission made
its investigation at the hospital for
the insane at this place last winter
the fact developed that Montour coun-
ty is no exception to the general rule
! in this respect A couple of the over
seers of the Danville and Mahoning
Poor District were called before the
commission, who testified as to the
difficulty of determining in all cases
whether the person for whom an order
of relief is sought is really INDECENT
or is possessed of means.
1t was brought out by the lunacy
commission that either by carelessness
or by downright collusion between the
various boards of overseers of the poor
and designing persons of means in
their respective districts the State in
this way is defrauded out of an i'm
mense amount of money annually.
Several remedies were proposed, among
them being some new legislation on
the subject and the bringing of suits
against the poor districts where per-
sons were committed as INDECENT who
were in the possession of estates.
In the case heard before court here
last May Judge Evans in his findings
sets forth in part that Catherine Hahn
an alleged pauper, was placed in the
care and custody of the plaintiff on
the first day of May. 1908, and continu-
ed there until the eleventh day of
June, 1904, total length of time Of
SO Al weeks AT the time of the COM
mittment the defendant poor district
filed with the plaintiff in addition to
the usual certificate bond covenant
ing and agreeing to pay the plaintiff
the sum of $l.75 per week for the
board, clothing and medical attend
ance of the said Catherine Fahn.
which bills on being rendered quart
erly we're paid in full by the defend
ant poor district prior to the date of
bringing suit.
That the actual cost and expense to
the plaintiff for maintenance for the
said Catherine Hahn during the time
that she was in the hospital was at
the rate of four dollars per week and
for the 364-7 weeks amounted altogeth
er to the sum of $l46 rs, sixty-four
dollars of which was paid to the plain
tiff by the defendant prior to suit.
That at the time Catherine Hahn
was committed to the hospital she was
owner in fee of certain real estate in
the borough of Danville, which real
estate after her death, was sold for
1925. 90. That there is at this time
the sum of $1032. 90 in the hands of
the orphans court belonging TO the
estate of the said Catherine Hahn.
After reviewing the law and citing
the opinion of the supreme court
Judge Evans reaches the legal con-
clusions that the defendant corpora
tion having the right to commit an
insane pauper to the plaintiff corpora
tion must in the first instance deter
mine whether the insane pauper is an
INDECENT insane pauper or not.
That at the time Catherine Hahn
was committed by the defendant to
the care and custody of the plaintiff
she was not an INDECENT insane paup-
er.
That the plaintiff corporation can
not charge a poor district sum in ex-
cess of 81. 70 Der week for the care and
custody of an INDECENT insane pauper
and that the plaintiff is entitled to
judgment against the defendant for
the sum of 800. so and costs.
1t was ordered by the court that
legal notice of this decision be given
to the parties and their attorneys and
If no exceptions be filed within thirty
days after the service of such notice
that then upon proof of service of
such notice Judgment be entered in
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