Herald and news. [volume] (West Randolph, Vt.) 1878-1943, 1909-10-07

Z
is not always with US, to teach Us ser
mons OF love and forgiveness, well sea
soned with kindly humor. This veteran
OF the stage has that ease of manner, that
aturaIness and magnetism that come
from years OF earnest study among great
things and good. His blundering kind
ness, his practical morals and sense Of
humor which finds vent in that comraoy
chuckle, all stretch forth the hand Of fel-
lowship across the footlights Of our un-
derstsndinR."
Insane Commitment Law Void.
Chief Judge John w. Rowell presided
at the session of supreme court held ct
Montpelier Tuesday, at which very inn
portant decision, practically overturning
the Law and practice relative to commit
ment of insane persons to the state asy-
Iums, was handed down. The effect may be
10 open the way to the release OF some
750 patients confined at the Waterbury
and Brattleboro retreats.
Hitherto persons have been committed
on paper signed by two doctors certifying
that the person was insane, and the pro-
bate court holds hearing to determine II
the person has any property which may
be used to defray his expenses in whole
or part while In the asylum. In most
cases the person committed did not know
he was to be taken to the asylum until
after he reached that institution.
The court holds that the DOCTORS eerti-
ficate is simply prima facie evidence.
The decision is based on the fundamental
principle that a person, OF whatever con-
dition or alleged state Of mind, cannot be
deprived of his liberty without due mo-
tice and trial by jury.
The question raised over this point was
so serious and the prospect OF the laws
overturn so strong that most OF the COM
mitments made recently have followed a
different course than the old one. Hear
ings for the appointment OF guardians
have been held in alleged insane cases,
hen the probate court determines the
persons condition and II found insane
names a guardian, who then represents
the ward at the hearing relative to com
mitment, since It would be most incon-
venient, embarrassing and sometimes
dangerous to have the person himself in
court. This method has heen followed In
Randolph several times within the past
few months.
The last legislature passed Law which
il was thought would stave on the newt
able, but 1t could not be made retroactive,
neither could il legally commit anybody
who had been committed there illegally.
This law provides the person supposed to
be insane should have notice and the
right of trial by jury.
The case in which the decision was
made was in re Lynda Ann Allen OF
johnson, habeas corpus matter brought
by the husband OF the person in ques-
tion, to obtain her release from the asy-
lum. He questioned the legality OF her
commitment. As she was committed ex-
actly as were $50 others, Il involves every
other patient in the asylum in general
way.
While the court holds that the pro-
ceedings were wrong and that her COM
mitment Is illegal, she is placed in the
custody of the superintendent OF Insane
for period OF 80 days until proper pro-
ceedings may be brought and then II
these are not brought she il to be re-
leased.
While the court holds the law of COM
mitment to be invalid II does not mean
that the court will allow any wholesale
deliveries, nor is II expected that there
will be application for any, nor that per
sons there may have a right to walk out.
All persons will be considered legally
committed in Waterbury, It Is believed,
until habeas corpus proceedings aFe
brought ia each separate case and their
release demanded. This will not be done
in many cases, probably. The court has
given the superintendent 30 days to bold
Mrs. Allen l.. order that the town author
titles or those who are interested in the
matter may determine II they care to pro-
ceed on the ground that she may do in
Jury to herself or others. The only ques-
tion that troubles supt. Grout is where
inmates elope.
Judge John II. Watson read the opiii-
ion in this commitment case.
Judge ROwell read the opinion in the
case for contempt OF court instituted
against ID. w. Hildreth, editor Of the
Express and Standard, for defaming the
court in an editorial in that paper In
criticism OF an opinion handed down by
the court. The court said "a defamation
most clearly il was, and highly SO.
Judge Rowell's opinion was very exbaus-
tive, quoting many old as well as modern
authorities.
ssThe liberty OF the press was no great
er than the liberty OF every subject OF the
queen,n he quoted. This was not new
tangled notion bat as old n the common
law itself, Of which 1t was part. The
court held that Hildretb was in contempt
although the matter in respect to which
be detained the court was no longer pend
ing. Hildreth paid fine for contempt
last spring.
It's A Too Notch Doer.
Great deeds compel regard. The