The morning Astorian. [volume] (Astoria, Oregon) 1899-1930, 1908-05-26

Thaw was committed pursuant to
Section 454 Of the Code Of Criminal
Procedure, which reads as follows:
Section 545-When defendant Is ac.
| quilted on the ground Of insanity the
fact to be stated with verdict-commit.
ment OF defendant to state lunatic
asylum.
When the defense is insanity Of the /
defendant, the jury must be instructed
II they acquit him on that ground, to
state the fact with their virdict. The ,
court must, thercupon, il the defend |
ant be in custody, and they deem his
discharge dangerous 10 the public
peace or safety, order him TO be com
mittcd to the state lunatic asylum un-
til he becomes sane.
The question 81 the constitutional
| ity Of this law is assailcd by the rela-
tor, in that he claims there was no
notice given to Thaw Of a hearing on
the question Of insanity, that no hear
ing was accorded TO him; that he
has been deprived Of his liberty with
out due process Of law, and that the
statute under which he was commit
ted does not provide method by
which his mental condition as then
existing could be legally ascertained
or any method by which his sanity
could be shown. The people con
tend that Thaw was not deprived OF
his liberty without due process OF law,
because he knew that if he chose to
prove upon the trial OF the indictment
that he was insane when he killed
Stamford White and il that defenese
was successful and the jury acquitted
him OF the charge against him on that
ground, it became the duty OF the
court, il it deemed his discharge dan
gerous to the public peace or safety,
TO order him to be committed to the
state lunatic asylum until such time
as he should be legally adjudged sane.
He had the right to appear in person
i and to be represented by counsel and
= he had the right to introduce evidence
of his present sanity.
If upon all the evidence and the
verdict of the jury the court should
decide his discharge to be dangerous
to the public peace and safety and
commit the defendant to an insane
hospital until sane under the provis-
: ions OF Sections 454 of the code OF
Criminal Procedure and Thaw hav-
ing had this opportunity of full
hearing, this right to be present in
person and by counsel, this right Of
offering proof in his own behalf as to
his present sanity and to be fully
: heard in his own behalf, there was no
violation OF article Section 6, of the
Constitution OF the State OF New
II York. or OF Article XIV of the U. S
Constitution. Thaw had the oppor'
tunity on the trial to introduce evi-
y dence Of his mental condition at that
u time, which he did not do. He should
have known that the adjudication OF
the court would follow verdict OF
: not guilty by reason of insanity; he
was represented by able counsel who
urged the jury before which he was
tried upon a charge of homicide, to
: acquit him because Of his insanity
have made careful examination oi
the authorities and | do not find that
this statute has ever been passed upor
by any of the courts in this state. II
has been in existence and operation
for many years and it is the duty
of the court to, presume in favor o.
the validity of the statute until it:
violation of the constitution is estab
lishcd beyond all reasonable doub
and upon such determination, thu
result which may follow from on
construction or another is always
potent factor and is sometimes il
aid of itself conclusive,
In constituting this statute, it shoult
be borne in mind that the safety anC
welfare of the community is of NOR
importance than the freedom of tn
individual
1t is well settled that where Their
is right of an appeal no court shoul'
declare in the first instance statut
unconstitutional unless its unconstitu
tionality is plain, and especially whel
the statute has been long in force ant
its constitutionality has never beef
questioned This may we'll be th
rule when the effect of declaration
of unconstitutionality would be t.
free from needful restraint numbe
of persons of unsound mind OF whom
it has been adjudged by competen
courts that their going at large woulC
be dangerous to the public peace o.
safety.