76 Neb. 773 | Neb. | 1906
This is an application for a writ of habeas corpus, representing that John Schwarting is unlawfully deprived of his liberty by Dr. J. L. Greene, superintendent of the hospital for the insane at Lincoln, Nebraska, upon the charge of being an inebriate. It appears that the petitioner has been adjudged by the commissioners of insanity of Antelope county -to be an inebriate, and to be a fit subject for custody and treatment in the hospital for the insane, and that he has been committed to such institution until he is cured, or for a period not exceeding three years. The petitioner contends that chapter 82, laws 1905, being “An act providing for the examination of dipsomaniacs, inebriates and persons addicted to the excessive use of morphine, cocaine or other narcotic drugs; for the detention, care and treatment of such persons and for their parole,” is unconstitutional and void for the reasons that the law is contrary to the provisions of section 1 of the fourteenth amendment to the constitution of the United States, in that it abridges the privileges and immunities of citizens-of the United States, and because it is a law denying to certain persons the equal protection of the law, and because it provides for imprisonment without due process of law and without trial by jury.
The power conferred in the first place upon the commis
The petitioner contends that the act is penal in its nature, because it provides for a commitment for a definite number of years and that, when cured, he can on!}' be released upon the performance of the conditions above set forth; that he may arbitrarily be returned without process of lave upon the whim of the superintendent, and that the act therefore violates the constitutional provisions safeguarding the liberty of the person. We are convinced that there is much merit in these strictures upon that portion of the law which provides for the partial restraint of the patient after ‘he has been cured, and which provide that he may be returned to the hospital, without further procedure, on the written order of the superintendent. The law is not enacted to punish crime, and is by no means penal in its nature. While a period is fixed beyond which the detention may not go, this term is fixed with the idea that, if the patient cannot be cured within the space of three years, his case is not, capable of remedy by such treatment and he should not be further detained. The time of detention is fixed in the interests of liberty, and not as a term of imprisonment or confinement as a punishment. But, while this is true, we know of no power residing in the legislature to impose restraint upon the personal liberty of an indi
It is further contended that an inebriate has no right by statute for a retrial anywhere as to whether be is an inebriate, and that be has neither appeal, habeas • corpus, nor error to protect bis rights. We think, however, that counsel. overlooks tbe fact .that this act must be read in connection with tbe provisions of tbe act for tbe government of tbe hospital for tbe insane, which defines tbe legal relations of insane .persons and provides for their care and protection. Comp. St. 1903, cb. 40, secs. 1-58 (Ann. St. 9590^9647). Tbe act provides that all persons in tbe insane hospital shall be regarded as standing on an equal footing, and that upon a statement in writing, verified by affidavit, addressed to a judge of tbe district court for tbe county in which tbe hospital is situated or of tbe county in which any persons confined in tbe hospital has bis or her legal settlement, alleging that such person is not insane and is unjustly deprived of bis or her liberty, a commission shall be appointed by the judge, who shall proceed to tbe hospital and investigate the facts; that such commission may be repeated not oftener than once in six months.. Tbe act further provides that all persons confined as insane shall be entitled to the benefit of the writ of habeas corpus, and a later act provides that every inmate of the hospital shall be allowed to write letters when and whenever he or she desires, and to any person he or she may choose. While counsel contend that the act which is now assailed has none of these necessary and humane provisions, we are
It is contended that the provisions with reference to the release of persons is inadequate, hut if the unconstitutional restraints with reference to the liberty of the patient after he has been cured, which are imposed by section 7, are exercised from the act, the patient has the same remedy which is provided for all other persons unlawfully restrained of their liberty. The commitment provides for the detention in the hospital until the patient is cured. The general law relating to the control of the hospital provides that any person who is cured shall be immediately discharged by the superintendent. The detention therefore of a person who is cured would be an unlawful restraint, and the patient thus restrained can be released by the ordinary remedies provided by law for such purpose.
No law conceived by human minds can be said to be perfect in all details, and this act is no exception to the rule. Its purpose is a good one, and it is intended to benefit the unfortunate individuals described in the first section thereof, as well as to protect society in general from the evils flowing from the reckless conduct of inebriates. Whether or not in its operation it will attain the results desired is a question which the future alone can determine, and whether or not it shall continue in effect remains a matter for legislative discretion. In so far, however, as its provisions are not violative of constitutional provisions, it is our duty to uphold the law. We are of the opinion that section 7 of the act, imposing conditions upon the discharge of a patient when cured, is an unlawful and unconstitutional restraint upon the liberty of a person and is beyond the power of the legislature to enact. We think, however, that the remainder
The demurrer of the respondent is therefore sustained, and the application
Denied.