Evening star., 1916-01-03
CONTEST is DIRECTED
BY BOARD OF. TRUSTEES
Assertion Made That Objections to
Institution Are Not Well
Founded.


nounced their intention to oppose by
every legal means the order revoking
the license of the institution.
This decision was reached at meet
ing of the board of trustees, and the
law firm of Tucker. Kenyon & Macfar-
land, which represented the sanatorium
at the hearings held in the District
building. has been instructed to take
charge of the case.
According to a member of the firm
1t has not been decided whether a re-
straining order against the Commits
sioners shall be applied for or the or
der ignored, SO that the District heads
will be required to take the initiative
in the matter.
Revocation of the license, in accord
dance with the Commissioners action,
is to become effective February l.
Their decision followed a nine-month
investigation of the case, after re-
cepit of a petition from Pinehurst and
Chevy Chase residents that the insti-
tuition be required to close on the
ground that 1t is a nuisance to the
neighborhood.
Assistant Corporation Counsel Ste
for the Commissioners. reported that,
in his opinion. there would be no JUS
tification either in law or in fact Tor
revocation of the license.
Statement by Trustees.
The fact that the Commissioners dis
regarded the findings of it's legal de-
partment is commented upon in state
ment given out today by the trustees
of the institution, which is as follows:
THE members of the board of trus-
tees of the Chevy Chase Sanatorium
state that after careful consideration
- he 1yv1iC
attempting to revoke its license, at the
instance of residents Of the neighbor-
hood who objected to its presence. they
have determined that 1t Is their duty
to the patients of the institution unoer
treatment, to the officers of the insti-
tuition and others interested in 1t. In
cluding, they believe, considerable
portion, at least. of the medical pro-
fession of the District. to resist that
action by all proper and legitimate
means in their power.
Accordingly the sanatorium will con-
tinue to receive and treat patients un-
less and until the action OF the COM
missioners shall receive the sanction
and approval of court of competent
jurisdiction.
Allege Misconception Of Facts.
"The trustees are convinced that the
objections of those who seek the revo-
cation Of the license OF the institution,
as well as the action of the Commis-
sioners. are based largely, if not alto
gether, on misconception of the char
acter- of the institution. the belief be-
ing apparently entertained that 1t is
what is commonly called an insane asy-
lum. Such is not the fact. Less than
one-half of the patients who have been
treated-about 200 in number-have
suffered from any form of mental trou-
BILE, the others having been treated for
various physical and nervous diseases.
When the charges against 1t were made
the officials of the institution promptly
requested the Commissioners to direct
the health officer of the District of CO.
lumbia to visit, inspect and report upon
the character of the patients being
the conduct of the institution. This
request was not complied with.
Inspection Invited.
Then the Commissioners themselves
were urged to visit the sanatorium. but
they failed to do so. In the two years
of it's existence, although expressly
subject to official inspection by the
law, it has only once been visited by
the health officer or any of his depu-
ties. and then an inspector. in the abb
sence of the superintendent, called and
examined its books and sanitary cOndi-
tions, and, it is understood, made
formal report that all requirements OF
the law and or the regulations mad
been fully met.
Now, however, the Commissioners,
with not suggestion of a complaint by
the health officer. and without any
effort whatever to officially verify the
charges made against the institution,
undertake to revoke its license, ap-
parently giving no consideration to the
testimony given before the assistant
corporation counsel, who conducted the
hearings, by some of the most dis
tinsuished physicians of the District,
many of whom visit the sanatorium
from time to time while in attendance
upon patients they send there, and
some of whom have carefully inspected
the institution. concerning the charac-
ter of the patients. the diseases for
which they were being treated and the
remoteness Of the buildings from
neighboring houses. which testimony
indicated with the utmost clearness
that the objections which had been
mating from the institution. could not
possibly have any foundation in fact.
Say Charge Is Baseless.
"The charge that there had been es-
canes from the institution was shown
to be equally baseless, for the very
good reason that any patient who
wants to leave the institution has a
nerfect right to do so. There never
has been a commitment of any insane
person. or any person, sane or insane,
to the sanatorium since its establish
ment. and without a commitment no
hospital or sanatorium in the District
has any legal right to prevent person
from leaving it at will. Any attempt
to do so would render the officials of
the institution liable for false impris-
onment. Every patient who has been
admitted to the institution has come
there voluntarily and has had the right
TO leave when he pleased and go where
he pleased Most of them who have
left have returned to their homes in the
CITY of Washington and are now there.
Hence what has been said about es-
capes has simply been idle talk.
Deny Power of Commissioners.
1.-The Commissioners have apparently
fallen into the error of believing that
they have the power to revoke the
license of a private hospital or sana-
of the residents of the
and their idea seems to
be that if it does so it is a nuisance.
s.The officials of the Chevy Chase
from the outset have denied, |
md now deny, that the Commissioners
have any such power, and say that
what the law permits cannot Of itself
he a nuisance. They also say that what
10 or is not a nuisance is a judicial
question, which can only be determined !
nv a duly constituted judicial tribunal. 1
~ II were otherwise. property in the |
nistrict would be held on a very pre-