Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1921-03-24


this Legislature want to go back to
those days when these people were
confined within the four walls NJ
those institutions and not permitted
to go back to their homes Temporal
lily? Do you want to go back to il
gentlemen? That is what it means
and nothing else. Now here is a man
who surrendered himself and was
committed here. That is true. The
evidence before the Judiciary Com.
mittee showed that that man, al.
though he was evidently not right in
his mind, had never shown any signs
of violence either before he was com
mitted or during the time of his COM
mitment. There is not a word of
evidence to that effect, and the doc
tors of that institutions believed at
that time, as they believed in these
hundreds of other cases, that it was
safe to permit this young man to go
to his home with his mother Is the
State going to insure in case of that
kind? Was it negligence on the part
of the hospital authorities to allow
him to go home? 1t seems to me
gentlemen, when you have III mind
that they have released hundreds
during this time, and this is the only
case where one fellow went to pieces
and evidently became violent and
committed damage, that it is a most
dangerous thing for you to say that
they were negligent. We are so con-
stituted that it is impossible for the
greatest expert on mental diseases TO
tell when you or ] or any other per-
son may become mentally unbalanced
and may commit some overt act
causing damage to the community
That is one of the things that we
must take our chances on as citizens
of this State. The State does not
insure. The State throws its great
arm around all of the unfortunates
of this State. and as the mother CT all
the people of the State says we will
care and will do for them as best We
can. That is what the State is doing
Now / as one member of that COM
nittee who listened to the evidence
believed and / think we all believed
that sufficient had not been produced
to warrant the conclusion that these
hospital authorities were negligent
1t is unfortunate that after he was
released that he did become violent
and did do this damage. II would
have been unfortunate if he had Gore
it before. but no one would have
questioned or raised the proposition
that the State should pay damage
/ had he committed this before he had
been committed to the asylum and
paroled., Now that is the situation.
We did not believe there was suf1i-
cient evidence to warrant us finding
negligence Not only this cease was
as issue involving s10.600, but my
colleague from Orono (Mr. Perkns)
has told you that Stanchfield shot
girl. She should be paid, if the Jones
! Company is paid. for her damages
Another set of buildings was burned,
and they will be in here. They arc
entitled to it if the Jones Company
! is entitled to it. The insurance COM
pany paid on account of the act of
( this man, and if the owner of the
building is entitled to reimburse
ment, SO is the insurance company
as legal proposition. Now if the
, hospital authorities were negligent.
that is one thing; but a court of law
is the place to establish that and we
! believe that we were fair, we be-
lieve we were generous, we believe
We were right, we believe we were
! best protecting the interests of this
, State whom we are here to serve by
giving these people the right under
| the law at the present time to bring
! q Nj
! to them you charge that the HOSPITAL
authorities were negligent. If that is
true, we will give you the right to
so into a court at law and bring
your action there. and if you can
prove in a court at law that the hos
pital authorities were negligent, then
you have a right to recover. If you
cannot go there, you have no right
to recover and you should not recov-
err, but you must take the same
chances that every other citizen in
this State takes when dealing or
coming in contact with the unfor-
Inmates. That is the position of the
, four members who signed that report
and it seems to me it is sound prin-
ciple and fair proposition.
Now just one more word to correct
an error. and / know that my COL
league from Orono (Mr. Perkins) did
not intend to make it. He called my
attention to the fact that there was
SO many Holsteins. thoroughbred,
registered COWS, and, to show the
fairness of these men in their claim
they made, he called my attention
to the fact that they only asked for
$50 apiece for these cattle. That
indeed, would be reasonable and
fair; but instead of 500 apiece, you
will find by turning to Senate Bill H.
/ the statement of facts that q Of the
aforesaid cows were burned and de-
stroyed, and they are charging to the
State and asking to recover $3.50
for n cows, or a fraction over 1929
a cow instead of 500 Now that is
some difference. I am not discussing
the value of these cows, but just
want to correct this error
Now this is the situation and II is
for this House to say whether it
wants to establish here today a pol
icy that will mean that the State Is
committed not only to pay this, but
to pay the other bills,-pay for the
girl who was shot, pay the insurance
company-not only that but estab-
lisb a policy that the State shall pay
for all damage committed by any one
of tho hundreds of unfortunates who
are out on parole and of the thou
sands who will he ont in wears TO