The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1920-06-28
TOPEKA STATE JOURNAL
Information Bureau
FREDERIC j. HAsKIN, Director.
Washington, d. G.
NEW LAWS ON INSANITY.

DR.. James w. Markoe, a prominent
New York physician, In St. Georges
church here several Sundays ago, by
an escaped lunatic, has created wide
spread agitation for the amendment
of-tne state insanity laws with a view
to preventing the occurrence of an
other such tragedy. A committee of
the New York Neurological society,
headed by DR.. Charles L. Dana, is now
at work on a program of definite re-
forms covering the whole system of
procedure in insanity cases, and it is
probable that the conclusions of this
committee will be embodied in bill
to be introduced into the state legisla-
4 ture next fall.
The inadequacy of the present laws
is demonstrated by statistics recently
gathered by the Brooklyn Neurology
1 cal society, which show that from
$1,000 to $4,000 insane persons are
at large in the state of New York,
while another possible 10000 are free
| to come and go in the state of New
Jersey. All of these, of course, are
not to be regarded as dangerous or
necessarily fit subjects for an institu-
ton. Probably the majority are
| harmless. But unquestionably a large
number come under the category OF
! border line" cases-persons who may
go for weeks at stretch without evil
dencing the slightest sign of abnor-
mality, but who are likely to lapse
| into insanity at any moment.
| Under these conditions, blameless
life is no longer any protection to
man. You may have an irreproach-
able past, a sunny disposition, host
| of friends and not an enemy IN the
world, and yet here in New York you
run about the same chance OF violent
death, as a desperate criminal. II
|
lunatic is apt to. You never can be
certain from one day to the next that
someone isn't likely to come along
take a dislike to the cut of your gar
| and suddenly be filled with an IRE
sistible desire to shoot you.
The lunatic who killed Doctor Mar
koe gave as his excuse the fact that
he had a painful headache. A few
months before that, another lunatic
| had suddenly become violent in the
lobby of a New York theater and
| slashed three women with a knife be-
| fore he was caught and manacled. But
| the police court records are full OF
| such cases, and have been for years.
! They will doubtless continue to be un-
| til society ceases to regard insanity In
THE light of a crime and recognizes 1t
| as a disease, the same as smallpox or
! tuberculosis.
Experts Should Decide.
This is the chief object of the cam
paign now being carried on by New
York neurologists. They want the
| laws amended so that in the future
the final decision as to a persons in
sanity, and as to the course to be pur-
sued Gin cases of insanity. shall be de-
| termined by competent poaro OF
| medical experts. and not, as under
present conditions, by a judge. who is
! seldom an authority on insanity, ana
| to a jury of laymen who usually know
| nothing whatsoever about IT. Tney
want the lunatic taken out OF the
hands of lawyers. and turned over to
competent doctors.
| For wears, the medical profession
has persistently advocated such
| course, but always it has been opposed
on the grounds that no man can be
deprived of his liberty without due
| process of law. Theoretically, even
raying maniac may be entitled to his
| hearing in court before being sent to
| an institution. The popular supersti-
| ton that, without this provision. II
would be easy to railroad an allegeo
| insane person to an institution, has
! always raised an obstacle to any re-
form. Yet from the medical view
point it is quite as ridiculous for a per-
sons sanity to be passed upon by
| Judge and jury as it would be to have
| a Judge and jury determine whether
| or not a person should be operated
upon for appendicitis
| tDelirium is easily recognized by
| Iaymen, but there are some types
| of insanity which are very apt to es-
| cape the unframed eye of the jury For
| instanc, the basis of the layman's de-
| cision is usually whether or not the
| accused is capable of recognizing the
enormity of his offense, yet every
| neurologist knows that many patents
who have the finest sense of right ana
wrong suffer most from morblt ODD
| sessions which run counter to their
| normal principles.
| 81 know of two PATIENTS says one
New York neurologist, both accused
| of murder, who had pursued their
! vocations uninterruptedly up to the
time of the deed and for sometime
afterwards-in/ fact, until the arrest
occurred. They had in no way
aroused suspicion among their
friends and business acquaintance.
| Each man had planned the crime in
all its details, and each had taken
/ elaborate measures s. to conceal MS
| identity as the perpctrator. Each ap-
peared mentally healthy, yet investiga-
ton proved that bottle were paranoiacs
each believed himself ordained to com,
nit the murder, and each had bad
| family history"
A man of this type might appear
perfectly sane 10 lay jury. Indeed,
/ according to Doctor Dana of the New
York Neurological society, it has be
| come lInPossiDle " SO1-N -
noiac by that, 1 mean that the
| commitment of a paranoiac has be-
! come little more than a farce" he
saws For the past twenty years
have not>committed one such patient
1t is no use. The average American
| Jury lets him right out"
| This statement is corroborated by
DR.. Walter Timme, also member OF
the New York Neurological society,
| who says that for this reason many
! of the best men in the profession Will
no longer take commitment cases
! at is like this" he says. I'VE are
credited and authorized by law to
commit patients we think. are insane.
! This is done both to protect the pa
| tent and to protect society. But the
| patient after being committed, may
| obtain a writ of habeau corpus. carry
] - -. hofora n la,- i11ry- ard be re-