Atlanta tri-weekly journal. [volume] (Atlanta, Ga.) 1920-19??, 1921-11-22
PROCEDURE USED
IN INSANITY CASES
IS HELD ILLEGAL


committed to the state hospital for
the insane at Milledgeville and to
private institutions of a similar
character was held illegal and I'M
constitutional in a decision rendered
Saturday afternoon by Judge John
4. Pendleton in the Fulton superior
court.
If the supreme court, which will
be called upon to review the case,
affirms Judge Pendleton'S decision,
every person who has been commit
ted to the state hospital for the in
sane and similar institutions under
the act of 1918 may be released on
habeas corpus proceedings and the
existing laws must be amended
without delay, according to opin-
ions expressed in legal circles Sat
urday.
The attack on the constitution
atty of the present commitment
law was based on the proposition
that the state and federal constitu-
tons guarantee personal liberty I'M
less revoked by due process of law.
Personal service, notice and trial by
jury are construed to constitute this
due process of law by the plain
tiffs in the case in question, that Of
Mrs. T. B. Garrison ct. al. VS.. Mrs.
Kathleen Baker Smith.
The defendant is administrative
of the 100000 estate of the late
DR.. T. H. Baker, of Gainesville, Ga,
who was committed to a sanitarium
at Smyrna, Ga, under the provi-
sions of the act of 1918. AS the
niece of DR.. Baker she was named
as his guardian at the time of his
commitment to Symrna and under
the law, automatically became adj
ministratrix of his estate when he
died.
Mrs. Garrison, one of the thirty or
more heirs to the Baker state, at
tackled the insanity commitment
law on the ground Of unconstitu-
tionality and at the same time
sought the removal of Mrs. Smith as
administrative, charging misman-
agement of the estate.
Judge Pendleton in deciding in
favor of the plaintiffs on both
counts, indicated that on Monday he
would grant a supersedeas to main:
tain the present status of the case
until the supreme court shall have
given it's decision.
That the attack on the law of
1918 might be made with equal JUS
LITIGATION on the act of 1884, when
the act Of 1918 was intended to sup
plement, was asserted by Judge Newt
Morris, Of counsel for the plaintiffs
IN the case.
The method of procedure in COM
hitting a person to the state hos
pital for the insane, or to private
institutions of similar charter, is
as follows.
1. A writ Of 1unacy is sworn out. !
2. Notice is then served on the |
three nearest relatives Of the person |
affected.
g. A lunacy commission, consist |
ing of two physicians and the county |
attorney or solicitor of the city court, |
is then appointed by the ordinary.
This commission "inspects" the per-
son affected and adjudges whether |
he be sane or insane.
4. If the person he adjudged in |
sane, an order is signed by the ordl- |
nary committing him to the institu- |
ton until his mental deficiency IS
corrected.
5. A history of the case is sent to
the INSTITUTION along Will Inc pei
son committed, so that the authorl- |
ties at the institution may treat the |
case intelligently.
DR.. Baker was one of the most |
prominent and wealthy citizens OF |
Barlow county, owning the Park
hotel and a controlling interest In
several large plantations.
The plaintiffs were represented in
their litigation by Judge Newt Nor
ris, Attorneys Campbell Wallace and
Harold Hawkins, of Marietta; J. R.
Whitaker, of Gainesville, and Ben
Conyers, of Atlanta. Appearing for
the defense was the first of Neal &
Neal, of Gainesville, Judge Arthur
Powell and Attorney Marion Smith,
g 70