The Pensacola journal. (Pensacola, Fla.) 1898-1985, 1908-02-21
End LUNACY
Commission
IS APPOINTED

ton was determined by the court in
the case of Miller VS.. State, supra
but a perusal of that case will not
disclose the fact.
Counsel for both parties cite the
cases of u. S. VS.. Lawrence, Fed
cases No. and People VS.. Watson
35 N Y Supp. l have examined
these cases also and I do not find
that in either of these cases a consti.
tutional or statutory provision SINH
lar to the one under consideration
was involved or interpreted.
In % Cyc. 1914, find the following
exposition of the law, which bears on
the question in hand, viz:
The fact that person is insane
does not exempt him from liability to
arrest If he commits am act which
would be a crime if committed by a
sane person unless he is exempted
by express statutory provision. And
the fact that person Is in fact in
sane, where he has not been judicial
ly adjudged insane and placed under
guardianship or in an asylum or his
pital, does not prevent his being COM
mitted or held to bail until he is
tried or discharged according to law"
Coming now to the Interpretation
to be put upon the constitutional pro-
vision hereinbefore quoted. / find in
Blacks cons itutional law at pages
sixty-seVen and sixty-eight, the fol-
lowing general rules for interpreting
the fundamental law, viz:
"A constitution is not to be inter-
preted on narrow or technical prin-
ciples, but literally and Can broad
general lines, in order that it may
accomplish the objects of its estab-
Its-l,x
ciples of government"
1T is a cardinal rule in the inter
probation of constitutions that the
instrument must be so construed as to
give effect to the intention of the
people who adopted it"
This intention is to be sought in
the constitution itself, and the appar-
ent meaning of the words employed
is to be taken as expressing it, ETC."
"An'' is defined to mean everyone, or
the whole number, quantity, extent,
duration, amount, quality, or degree, -
2 A. & E. e Ed 141
The term all is frequently used
as equivalent of any"
Mr.. Justice Swayne, delivering the
unanimous opinion of the United
States Supreme Court in Nashville
vs. Cooper, 6 Wall. CO. So 143, de-
cided in 1853, constituting the phrase
all cases" found in section two of
article three OF the federal consti-
tuition prescribing the extent of the
judicial power of the national govern
ment, said:
"The power here under considera-
ton Is given in general terms. No
is imposed The broadcast
language is used. All cases so arts
inO hraNad
ed
See Tennessee VS.. Davis, 100 U. S.
go; Martin VS.. Hunter, 1 Wheat, GU.
Sd 304: Cohens, VS.. Virginia, s Wheat,
GU. 81 264.
Section three of the Declaration of
Rights, constitution of Florida, is as
and general in its scope as
section nine, cited by counsel for pc
titioner. That provision is as foQ-
lows. viz:
The right of trial by jury shall be
secured to all. and remain inviolate
forever
The trainers of our fundamental
law again use the term "all''. In in
terpretating this section of our con-
stitution, the supreme court nf Flor
ida has on several occasions declared
that "an' persons and "'alr' cases
were not triable by jury alone. In
other words, even though the lam
guage of the constitution is general
and includes all cases and all per-
sons, nevertheless it was not the in
tentiOn of the trainers of that instru-
ment that persons not entitled to trial
by jury at common law, should by
reason OF this provision become en-
titled to a jury trial. The court held
that the purpose of this provision
was to guarantee to every person en-
titled to a trial by jury at the time of
Its adoption, continuation of that
right without let or hindrance from
the legislature.
See: Virgins VS. Williams SO Fla.
631: 80 L. r. A. 754. Briles VS.. Brad
ford, "A Sou. 939, CF1a.) Buchanan vs..
State. "a Fla. 43.
1t would seem from the authorities
cited that the question here involved
must be determined solely by an ef-
fort to get directly at the intent and
purpose of the people in adopting the
provision under consideration. That
the matter of bail is an absolute mat
ter of right and rests in the discre-
ton of no court or officer in cases
other than capital under this provision
OF our constitution is beyond ques-
IiOu. II Is evident CH3TelCTS, JndC
the people of our state by the en-
phatic expression of their will have
seen fit to repeal the harsh and unjust
rule of the common law in this re-
spect. Is it reasonable to suppose
that having declared il to be their
Will that the common law in this re-
gard should not obtain in this state,
that harmless lunatic should be
confined in Jail to await a trial? Or
S it more reasonable and consonant
with the institution of this great re-
public and the Jurisprudence of our
state to bail every person, in cases
-ther than capital. whose going at
large would not endanger the safety
OF the public or that of the lupatic?
| will venture the suggestion that the
common law as interpretated by the
English courts would not sustain the
denial of bail TO a harmless lunatic
solely because Of his mental .condt
ten. There may be other circTm-
stances that would justify the denial
IF bail. for Instance where the luna
nc is violent and to permit him TO
90 at large would endanger the safe
~ of the public Blackstone, in the
fourth volume of his commentaries on
the laws OF England puts the rule