Atlanta tri-weekly journal. [volume] (Atlanta, Ga.) 1920-19??, 1921-12-31
PROCEDURE USED
FOR INSANE SHOWN

In connection with the recent dis
cussion in the public prints Of con-
ditions at the state sanitarium for
the insane, which is extremely
crowded, and cannot admit additional
patients except they be violently in
sane, there has arisen a nlisunder-
standing Of the method provided by
law for the commitment Of persons
to the sanitarium.
The old procedure was to try a
person accused Of insanity before a
jury inpaneled for that purpose by
the ordinary Of the county, and the
law made no requirement that the
jury be composed of men familiar
with mental disorders or with medi-
cine. 1t has been stated, in the
course Of newspaper publications on
the subject, that the same procedure
was still in vogue.
This, however, is mistake, as
pointed out by DIR. Craig Arnold, of
Dahlonega, a former member Of the
Georgia house of representatives
from Lumpkin county, who introduc-
ed and passed bill providing for
the trial Of such persons by a COM
mission appointed for that purpose,
and providing that two members of
commission shall be practicing ply
sicians in good standing.
Section of the law, outlining the
procedure to be followed in such
case, is as follows:
Examination of capacity to man
age his estate-upon the petition of
any person, on oath, setting forth
that another is liable to have
guardian appointed Tor is subject to
be committed to the Georgia State
sanitariunn), the ordinary, upon
proof that ten days notice of such
application has been given to the
three nearest adult relatives of such
person, or that there is no such
relative within the state, or where
such notice is waived in writing by
such relative, and affidavit is made
by any one Of such relatives, or 9th
er person that such person is vio-
lently insane and is likely to do him.
self bodily injury, and where the
truth Of such affidavit has been veri-
fed in writing by a practicing physi-
clan appointed by the ordinary to ex-
anime such person, shall issue a
commission directed to three reput-
table persons, two of whom shall
be practicing medical physicians in
good standing, said physicians to
be residents of the county, if that
number reside therein, and the coun-
ty attorney or solicitor of any city
court located in said county, and if
no county attorney or solicitor. of
said city court, the solicitor general
of the circuit or some attorney of
the county appointed by him, re-
quiring them to examine by inspect
ing the person for whom guardian
ship or commitment to the SANTA
rum is sought, and to hear and ex-
anime witnesses on oath, if neces-
sary, as to his condition and capac-
ity to manage his estate, and to
make return of such examination
and inquiry to- the said ordinary,
specifying such returns under which
such classes they find said person
to come. Such commission shall
be sworn by any officer of this state
authorized by the laws of this state
to administer an oath, we'll and
truly to execute such commission to
the best of their skill and ability,
which oath shall be returned with
their verdict. No guardian shall be
appointed for the estate of such
person, nor shall such persons be
committed to the sanitarium with
out the unanimous verdict of such
commission"