The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1913-06-17
1t Is Paramount to All Laws OF
Mankind.
Where 1T Is Taken Away With
out Just Cause.
SO SAYS CAPTAIN WATERS
In Case Of Lucy LangdOn, Con-
fined in Asylum.
Wants Writ of Habeas Corpus
to Right Wrong.

Captain Joseph G. Waters argued and
protested this morning with all of his
unusual force before Judge Dana In
the first division of the district court
that no court in Christendom, or, at
least in the United States, has the
right TO refuse to entertain a habeas
corpus proceedings for the release OF
any person who is wrongfully detain-
ed in custody, whether it be in an in
sane asylum or any other place. And
Captain Waters argument was incl
dent to a case that is apparently the
first of its kind to make an appear
ance in the courts of Kansas.
Mrs. Lucy Langdon, of Ottawa, was
committed by the probate court OF
Franklin county some six weeks ago
TO the Topeka state hospital. Her rela-
tives and friends, who were in the.
district court today to appear as W.T.
nesSeS in her behalf, characterize ne1
commitment on an insane charge as
an outrage. They insist that not only
is she perfectly sane now, but she was
just as sane on the day she was sent
to the asylum. They state that the
treatment accorded Mrs. Langdon by
her husband has been far from being
what il should have been for long
time, and that this had made her
nervous. One day about six weeks ago
while she was at work over a WASH
tub, she was taken into custody on
bate court on the ground that she
was insane. The complaint was sworn
to by her husband. She was arrested
about noon, and her trial occurred at
2:30 in the afternoon. Her relatives
saw that the first intimation they had
of her being taken to the probate court
was when they received the news that
she had already been adjudged insane
And they insist that this is all the evil
dence needed that she was actually rail-
roaded to the asylum by her husband.
They came to Topeka recently to see
what they could do about getting her
release. and obtained the services of
Waters and Waters to look after the
case. Under the insanity law a patient
in an asylum must be held there at
least six months before a suit can be
filed in the probate court to revoke
the commitment on the ground that
the patient is sane. Then there is
regular trial when the sanity of the
patient is again inquired into. OF
course such procedure was not pos
sible in Mrs. Langdon's case. a S she has
only been in custody for six weeks.
Captain Waters Tries a Short Cut.
So Captain Waters undertook a
short cut He sued out writ of habeas
corpus in Mrs Langdon's behalf that
was returnabla before Judge Dana to-
day. There was a big array of wit
nesses in court from Ottawa friends
and relatives of Mrs Langdon. whom
Captain Waters had on hand to testify
to her sanity. Mrs. LangdOn was
also there. having been brought to-
court from the asylum this morning.
So was Dr. Scott of the hospital staff.
As soon as the hearing was called,
Judge Dana questioned the validity of
the proceedings and his power to act
in the premises. This started Captain
Waters with his oratorical fireworks,
on the sacredness of the writ of habeas
corpus and the right of any one,
wrongfully held in restraint. to en-
ploy it to attain his freedom.
Judge Dana suggested that if the
habeas corpus was employed in insan-
ity cases it would mean that a similar
writ could be sued out in an effort to
obtain the release of every inmate of
every insane asylum in the state.
What of 81 asked Captain Wat
ers. IF there are thousand inmates
in that asylum who are sane, there
is not one of them whose case can
not be properly handled under ha
beas corpus proceeding"
I.ilIard Read the Law.
Mr.. Lillard the assistant county at
torney who was appearing for the
state. read the law showing the meth
DDS to be pursued to obtain the re-
lease of patients from asylums. And
Judge Dana inquired if a habeas cor
pus would properly lie when the
statute provides a procedure. Captain
Waters answered that there is nothing
of an American citizen to invoke the
habeas corpus for his release from Gus
tody no matter how he is restraine
Every person restrained of his lib
erty.' he said has the right of ha-
beas corpus
Law books and court decisions were
hurriedly searched but nothing could
he found in the way of a precedent
that had a direct bearing on the case
Question of Liberty Paramount.
Captain Waters. "It is the constitut-
ton. The question of mans liberty
is paramount to everything else. And
in the fundam rental law of our land is
the agency by which that liberty is
preserved" ....--5..-f.s.s
There was considerable further dis
cussion between Captain Waters, Mr..
Lillard. with Judge Dana making an
observation now and then. And it was
finally agreed to postpone the hearing
until later in the day. when there
could be a more thorough search of the
statutes and court decisions. so that
the matter could be prese nted in more
concrete form. in order that Judge
Dana could render his decision as to
whether or not he would entertain the
case.
This is one of the most important
proceedings. having bearing on in
sanity cases. that has been brought in
the Kansas court in years"
For Free Collection of Garbage
According to Mayor R. l.. Cofran,
the question of sanitary garbage col