Evening star., 1926-06-20
WAVE OF RELEASES
At ST. EL|ZABETH'S
DECLARED MENACE
Writs Based on TechnicaIi-
ties Bring Freeing of Four
Held as Criminals.
13 SUITS ARE BROUGHT
IN PAST FEW WEEKS
Two Halt Actions by Request for
Return to Hospital-Sanity
Issue Is Not Raised.

Government officials are alarmed
over the potential dangers 10 society
of "habeas corpus wave" that ap-
pears to have developed at st. EIiz-
abeth's Hospital within the past
month or So
what is characterized as a Sur
prising number of court writs de-
signed to obtain the release of
patients regarded at the hospital as
insane, some violently so, have been
sued out during the past few weeks
The situation is declared to be
particularly grave in view of the fact
that out of 13 such cases brought
into court recently 6 patients hell
by the psychopathic authorities TO
be demented have been freed by the
court on technicalities involving
their commitment; cases are still
pending and only . patients have
been returned to the hospital.
Two Ask Own Return.
In the last two cases referred to
the patients themselves influenced
the court to dismiss the writs by
announcing their desire to stay in
confinement.
Four of the men released are regard
ed at the hospital as dangerously in
sane. with criminal records behind
them.
In two of these cases, however.
men We're rearrested by the police
after leaving the hospital one being
committed to Jail and the other 10
Gallinger Hospital for mental obser-
vation.
A ma jority of the suits have been
filed on the ground that the patients,
however insane they may be. are
confined illegally at the hospital.
The court, it is said. has before it
in such cases but one point for de-
cision-whether the person was COM
mitted to the institution by due
process of law" The question of the
sanity of the patient is not passed
upon, officials declare.
Deplores Present Law.
Other cases hinge on the present
sanity of the applicants. involving the
right of the hospital authorities longer
TO restrain them in custody.
II am very apprehensive over
situation which will permit an insane
person to be freed under a so-Called
technicality of law" DR.. William A.
White, superintendent of st. Eliza
DeJN y, stated yesterday. II lS my
opinion that legal technicalities should
have no part in the deciding of a ques-
ton as to whether an inmate Of
hospital for the insane should be at
liberty or not. / do not criticise the
courts, but l do deplore the law under
which the court renders its decision in
such cases.
Il have repeatedly urged the enact
ment of lunaCy legislation in the Dis
trict of Columbia to correct what | re-
gard as an evil of serious proportions.
l intend to continue my efforts to
obtain such legislation, with a view to
protecting not only society but the
patients themselves"
Military Commitments at Issue.
DR.. White explains that two meth
DDS now are being followed in com
mitting insane persons TO 81. Eliza
beth'S Hospital, viz, hy adjudication
in the civil courts, and by commit
ment orders from the head of the
military establishments The latter
system came in for criticism in the
recent investigation of the subcOm-
mittee of the District committee of
the House.
The local courts, it is pointed out.
have held in several cases that the
latter method is without due process
of law" since no jury trial was in
volved. and the petitioners have been
released under that conclusion. Hos
pital officials contend. however, that
commitment by military processes.
under military laws and regulations,
is just as much due process of law
as trial before civil jury.
Remedial legislation recommended
by Supt. White would entitle all pa
tients to a trial by jury, providing
they, their guardians. the court or
other duly interested party should so
desire. Otherwise the inmates would
be committed under an order by the
District Commissioners or other prop
er authority without the formality of
court proceedings. This method. it
is asserted, obviates embarrassing
court proceedings in cases in which
those concerned object to such at
tendant publicity.
This proposed legislation automat-
ically would legalize commitment
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