The Penn's Grove record., 1913-05-30
LAW AFFECTING
CARE OF INSANE
New Act Provides Against Rail-
reading Persons to AsyIums
REPEAL SOUGHT BY SOME
Objection ls Urged Because of lncon-
Venience Caused by Safeguards
Previously Anyone Could Be Com
mitted on Two Certificates.

mitted on Two Certificates.
Especial Trenton Correspondence
Trenton.-Some persons interested
officially in the commitment of insane
persons into the asylums of this State,
either because they have failed wholly
to comprehend the new act Of the
Legislature for the commitment Of the
insane, or because of the inconyen.
fence to which they may be o~ccasioned
because of the safeguards thrown
around the citizens of this State, have
seriously prepared to attempt the
amendment or repeal of the provisions
Of the commitment act, which is chap
ter 250 of the laws of 1913.
Prior to the passage of this act the
rights of the citizen protecting him
from being railroaded to an asylum
were not properly SECURED. Anyone
could be committed to an insane asy-
lum of this State upon the applica-
ton of any interested person, and the
certificates of two physicians. They
could be detained there for fifteen
days without any arrangement being
made for an inquiry as to their sanity
after detention therein, and as a mat
ter of practice, copies of the applica-
ton papers, being mailed to the Com
mon Pleas judge, were often neglected
and nc final order of commitment was
signed for a long time thereafter, re-
sulting in the detention of such per-
sons in the asylums of this State on
the application of their relatives and
the certificates Of physicians en-
ployed by these relatives, without in
quiry by any court for a long space of
time, and then orders of commitment
were often signed by such judges
without further investigation than had
been made originally by the doctors
employed by the relatives.
Last summer James NJ. Allgor was
admitted to the State Hospital at
Trenton upon the application of an
official of the borough of Seabright,
and the certificates of two physicians
practicing in Long Branch. He was
admitted to the hospital against his
will and against the wishes of his fam
fly. Mr.. Allgor was admitted to the
asylum, being taken there by a sheriff
or deputy sheriff, supposing that IN
der the law he was obliged to go. His
family sued out a writ of habeas cor
pus for his release. Vice Chancellor
Garrison, after argument, and a thor
ough study of the law in force, held
t. - ~ oaoo.+;+,+;o-o H. f,,.4L4-
stated that such commitment should
be made, ever though temporary, by a
judge of some court of record, and
that the rights of the citizen should
be so ~safeguarded hat proper inquiry
ae tn his sanity should be provided
for in a procedure in the law.
The act passed at the last session
of the Legislature was drafted by
Francis H. MCGEE, of the Attorney
Generals Department, who conducted
the Allgor case for the Attorney Gen
eral, with a view toward curing the
defects in the act, as pointed out By
Vice Chancellor Garrison. The act
was drawn solely with reference to
an endeavor to obtain for the State
a law which would be constitutional
and throw every safeguard around the
liberties of the citizen. 1t was drawn
without reference to the personal con-
venience of the medical director or
other officials of any State or county
hospital. Neither was it drafted with
an idea that it would make an easier
method for county solicitors, or any
institution for the insane to provide
for the commitment of persons sup
posed to be insane, but in law pre-
sumed to be sane, until found other
wise, after proper legal inquiry by a
court having jurisdiction over the per-
son and the subject matter. In order
to cure the evils. complained of, neces-
sary detailed steps must be taken
which will require more work and are
than heretofore has been exercised.
1t is because of the safeguards
thrown around the commitment of citi-
zens Of this State to insane asylums
by this new act, hat criticisms are
now being made concerning the law,
and the critics, either through ignor-
ance or a desire to obtain an easier
method of procedure, have misrepre-
scented this protection thrown around
the person who is likely to be sub
jected to the unfortunate conditions
surrounding one mentally deranged.
The present act provides that in case
the condition of the patient is such
that it is not necessary hat he be
Immediately confined in the asylum,
even though insane, such commitment
shall not take place until after an in
suiry has been made into the individ-
ual's mental condition by the Common