The Daily Ardmoreite. [volume] (Ardmore, Okla.) 1893-current, 1911-11-27
LEGALITY Of
INSANITY BOARD
S QUESTIONED AND MATTER
WILL UNDOUBTEDLY BE CAR
RleD TO THE SUPREME COURT.

A question affecting not only the
liberty of p. NJ. sullivan, the local
attorney recently found insane by tho
board of insanity of Oklahoma coul-
ty but the existence of the boards OF
insanity in every county in the sta-c
will he passed upon by Judge G w.
Clark OF the district court when tho
habeas corpus hearing of Sullivan is
taken up Monday afternoon at $50
o'clock.
The application fox writ OF habeas
corpus was filed by attorneys for Sui
livan Immediately after the courr
ruled that appeals TO the district
court and trial. by jury from YER
diets OF insanity by the board OF in
sanity are not provided for. The ap-
plication alleges that the boards of
insanity were created by the terri
torial legislature in 1890 before the
adoption of the constitution of the
state. It is set forth that the act ere
ating the beard is specific in proyid-
ing that same shall exist only to the
establishment of a hospital for the
insane when all boards of insanity
in the state were to have gone out Of
existence. It is alleged that after the
passage of this act the state accepted
a donation of lanGs from tue federal
government at Fort supply, Okla,
and have since provided hospital
for the insane at that place which IS
.at present in operation and caring for
patients.
The existence of the statute Great
ing the commission for insanity
boards was called to the attention of
the attorneys by Judge Clark on deny
Ing the right of appeal, and the court
stated that it seemed to him that il
all the provisions OF ire statute c"-.
ating the board had been carried oa'
it appeared very likely that boards
Of in anity have been abolished. TLc
question before the courj Monday aft
crnoon will be il these provisions
have been carried out. If so. the
court reasons, sullivan should have
been tried by the county court sitting
as court and not before the insan-
ity commission. In case thi is done,
fudge Clark ruled, then appeals to
the district court are provided for,
as in all other cases tried in the conn.
ty courts,
The law on this point was dug out
hy Attorney Victor Sniggs.
Counsel for the state pleaded sur.
prise and uupTcparcdness to answer
50 important question at this time
and asked that the hearing upon the
writ be postponed Attorney
iiray for the state stated that he Is
satisfied the investigation of the ques-
tiOn would take considerable time and
was OF the opinion that the real
question involved Is whether the state
has established hospital for the
insane in the meaning OF the statute
He argued that the law provided that
a hospital should he provided capable
of taking care OF all the insane in
the state and after such was done q
proclamation should be issued by the
governor TO that effect and declaring
that all insane patients should hence.
forth be committed to the hospital
Instead Of 20 the infirmsry at Nor
man.
Judge Clark stated that he realizes
| the Importance of the question in
yolyed and stated that he wished TO
be thoroughly familarized with both
sides Of the question. He stated that
as far as his ruling on the case is
concerned it could only affect the pc.
titioned. but stated that il the su.
preme court or the court of criminal
appeals was riding on the question,
it would he 4 statewide effect and
in case the contentious of the peti.
toned were sustained would operate
to put out OF existence every board
of insanity in the state
AS the case OF Sullivan is expected
eventually to reach the supreme
court, the point is considered OF vast
importance by attorneys. In case
Judge Clark should deny the writ, 1t