The Glenwood post., 1916-04-08

Fourth. The court declined to re-
view the proceedings in the trial where
by James Bulger was declared to be
sane and unless Governor Carlson in
terferes Bulger will be executed in the
week beginning May 81.
Today's list of opinions are perhaps
the most important in several years
history of the court.
Decision on Asylum Case Written.
By Scott
n the asylum case, the decision was
written by Justice Scott and was spe-
cially concurred in by Justice White
and was dissented to by Justices Cab
bert and Teller.
Sometime ago the City and County
Of Denver asked the officials of the
insane asylum to accept some ninety
patients who were insane and who were
confined in the city and county hospi-
tai. The officials of the insane asylum
refused to accept them on the ground
that the asylum was filled to its capac-
ity. The City and County Of Denver
brought suit to compel the asylum otfi-
sials ~ accept the patients. anyways
The lower court held for the city, aud
issued an order directing the asylum
officials to accept the insane patients.
The asylum officials appealed to the
supreme court.
In the opinion Judge Scott holds that
the law grants unto the board Of con-
troll "full control" and "full super.
vision" and the CENTRE government
and management Of the institution.
The Judge says the only limitation
placed on the board is that the build.
ings shall be Of moderate size on the
cottage plan and that e.eh building
shall be designed to accommodate not
less than fifty nor more than one hun
dred patients."
Judge Scott holds that this language
could not be made palmer and that the
full management Of the institution is
given to this board and that therefore
it has the right to refuse to accept any
inmates when, in its discretion, capac.
ity population has been reached.
Justices Scott and Teller Dssssntsd
The opinion regarding the civil ser
vice laws was written by Justice Cab.
bert, especially concurred in by Jus:
tices Hill and White, and dissented to
by Justices Scott and Teller.
When the last legislature was enact
ing the amendments to the old civil
service law the Republicans inserted
what is known as the "safety clutch !"
which declared that the law was nec-
essary for the public peace, health and
safety Of the state. This was intended
to prevent the Democrats from referring
the law to the people and thus keeping
it from going into effect for two years.
The old civil service board secured q
petition having as its object the refer
ence of the bill. They filed the peti
tion with the secretary Of state, or
rather they attempted to- file it with
the secretary Of state and MI, Ramer
refused to accept it ON the ground that
the law was not referrsble. They
brought suit in the lower court to com
pei him to accept 1t, and the lower
espSt upheld Mr.. Rsmer. The case was
appealed to the supreme eourt.
relieving ths adjournment Of the leg.
islatuss Governor Carlson started "
shaaDs tie hsads Of ssvsssl depaftnsnts
in tie stsss governmsat, and tAsy ~.
fsseA - - shanssd on TIE srssaA that
the old civil servics lsw wss still In
s4set, s .sssrh 81
=. JspAies eeett disssats from ne NJ.
jssi4y, opinion Of ths esust And Aolas
tAat ~ lssisistass saeula ut Asvs ths,
| IFiSAtssts astsfnii swAstASs oS AeS )
8aw Il fss tAs inmsdI sistset1s'
befashs jSey, psscs tsd la2pinsss o.