Evening star., 1909-06-12

and believe. for reasons they are quite
unable to give. that the heads of such
institutions may have or do have some
Interior motive in keeping patients in
carcerated therein. Many legislators In
their speeches against such bills as the
Olcott measure, mention such ideas and
claim that bill such as the one under
consideration takes away from the al
legged lunatic his legal rights, and re-
suits in the Incarceration Of people who
are not insane.
"This method OF argument is but the
old-time method of manufacturing a
straw man and then knocking him down
This idea has It's origin entirely in the
mind Of the individual expressing ii and
is not at all warranted by the facts In
the case.
I'm my own experience in dealing with
the insane there have hundreds and lit
orally thousands OF cases passed me in
review. / have yet to know Of the first
instance where an actually insane per-
son was Illegally detained in an institu-
tion for any Interior or improper mo-
tive.
while the mere fact that thousands of
throughout the United States-according
to the United States census returns for
the year 1904. there were $3.50 commit
ments to institutions for the insane in
this country-yet I. myself. who am In
constant touch with the question through
out the United States. never hear of cases
of the sort that are cited by people who
are afraid the bulwarks that protect the
personal liberty OF citizens are being torn
down.
Irrespective of what anybody may
think might possibly happen under such
bill as the Olcott bill, the fact remains
the fact to my mind which cannot be
controverted-that such things under such
bills do not happen. and It is time enough
to put off arguing against such measures
until they do.
Law to Benefit Insane.
1.-THE fact is again entirely lost sight
OF in the arguments about lunacy legis-
latIon that legislation along the lines
Of the Olcott bill is directed. primarily,
for the benefit Of the insane person,
and for no one else's.
"A public institution for the care and
treatment OF tho insane Is maintained
primarily for the people. In order that
it may do the maximum amount OF good
It not only must have the confidence Of
the community In which It exists but It
must be easy Of access by the insane pa
tents
'.If insanity rs to .be cured at all the
earlier the patient Is admitted to the
hospital the better. To create great in
stitution. to maintain 1t at public expense
for the people, in order that those among
LILO SSL4ul0IAity wiz 0i0 6OncIuS Will
disease can find relief, and then to only
extend that relief under conditions and
circumstances which make the relief alb
horrent, and make the individual shirk
from applying for II, is like offering q
gift with one hand and slapping the
recipient IN tho face with the other.
The entire question from q humani-
tartan and philanthropio standpoint is
admirably summed up In q Pennsylvania
opinion. Tho learned judge writing his
opinion says: Next to the dreadful
malady no greater calamity can befall an
insane man and his family than to ex-
hibit, in detail, his weakness to the
gaze Of the public by an examination in
COURT
Opinion Of Attorney Fenning.
''when the Olcott bill providing for
commitments and adjudications in lunacy
by Judge without Jury was discussed
on tho floor OF the House OF Representa-
tives in January last" said Attorney
Frederick A Fenning. yesterday. "sufi-
cient objection was manifest to prevent
the bill being brought to q vote.
TT is Interesting to observe the much
more radical funacy legislation constant
ly written into the statutes OF many Of
the states Of the Union. I have just read
the report Of the superintendent OF the
Butuer Hospital for the Insane. at Provt-
dence r. l., in which stress is laid upon
the inestimable value of the recent Rhode
Island law which permits commitment to
a hospital for the insane upon the appl.ca-
ton of the patient himself, supported by
the certificate of two physicians. the
right being reserved to the patient to ter