77 W. Va. 289 | W. Va. | 1915
The appellant, S. W. Lawrence, having been arrested in Tyler County, W. Va., and by a justice of the peace of that county adjudged to be a lunatic was committed to the Hospital for the Insane at Weston, and later transferred from that hospital to the Second Hospital for the Insane, at Spencer, W. Va., on the 25th day of August, 1913. Some questions are
The appellant remained in the hospital at Spencer until the 25th day of November, 1913, when he was released on ■bond, but was returned by the bondsmen, December 17, 1913. On the 31st day of January, 1914, he was again released on bond, and has not since that time been confined in or returned to the hospital. ' After executing the last named bond, Lawrence says, he attempted to secure a discharge from the hospital; that he furnished numerous certificates of doctors, neighbors, and friends as to his sanity; but that the authorities refused to discharge him. Thereupon he presented to the judge of the circuit court of Roane County, in vacation, August 29, 1914, his petition for a writ of habeas corpus, and an order was entered requiring the defendants to bring before the judge of the circuit court of Roane County,- at the court house of said county, the body of the said Lawrence, and to make return to said writ, setting forth the cause of the detention of said Lawrence. On the 15th day of September the defendants appeared, demurred to the petition, and moved to quash the writ; and answered, alleging that the petitioner was not in their custody nor under their control; that he was delivered by the superintendent of the hospital to certain bondsmen of said Lawrence on the 31st day of January, 1914, who executed bond as provided by law; and that he has since that, time and is now under the restraint and control of said bondsmen; and that they are, therefore unable to produce him. The defendants also say that said Lawrence was legally committed to said hospital; that he was insane when he was received into said hospital; that he was insane when released on bond; and that he is still insane. Respondents suggest in their return to the writ, that the petitioner should have proceeded against the board of examiners of the hospital for a certificate showing that he was not insane. It does not appear who constituted the board of examiners for said Hospital No. 2, or that there was any law in force at that time authorizing the appointment of a board of examiners.
But inasmuch as Lawrence demanded of the proper persons
We now approach the two important and controlling questions in this case:'
First: Was the petitioner deprived of his liberty while in the custody of his bondsmen? If not, he is not entitled to the writ of habeas corpus. It will be conceded that if he was confined in the hospital on account of insanity, and that he was restored to sanity, and the authorities in control of the hospital should refuse to discharge him, he would be entitled to the writ of habeas corpus. Now, does the fact that he was out of the asylum on bond — furloughed—liable to be returned at any' time, make any difference ? Counsel for respondents argue at length to show that a person who is confined in an asylum, and released upon bond under the statutes of this state, is no more restrained of his liberty than is a person who has been released from custody on bond in a criminal prosecution, and “that persons discharged on bail are not restrained of their liberty so as to be entitled to discharge on habeas corpus. ’ ’ The defect in this argument is that the conditions are different. A person who is released on bail in a criminal prosecution is as free to go where he pleases, to make , contracts, and to engage in business, as though no criminal proceedings were pending against, him. He has the same control over his person and property that he had before the proceedings against him were begun. But the condition of a person on bond from an insane asylum is quite different. The effect of the sentence of insanity follows him wherever he goes. He has no control over his property; all his contracts are subject to judicial inquiry. And these disabilities are the same whether he is confined in a hospital, or delivered by the persons in charge of the hospital to persons who are under bond to restrain him.
The fact that a person adjudged insane and confined in a
If the petitioner has been restored to sanity, is he unlawfully deprived of his liberty? We think he is. “The term ‘liberty’ as used in the Constitution is not dwarfed into mere freedom from physical restraint of the person of the citizen as by incarceration, but is deemed to embrace the right of man to be free in the enjoyment of the faculties with which he has been endowed by his Creator, subject only to such restraints as are necessary for the common welfare. Liberty, in its broad sense, as understood in this country, means the right not only of freedom from servitude, imprisonment or restraint, but the right of one to use his faculties in all lawful ways, to live and work where he will, to earn his livelihood in any lawful calling, and to pursue any lawful trade or avocation. ’’ People v. Gillson, 109 N. Y. 398. The above is quoted approvingly in State v. Goodwill, 33 W. Va. 179. “A person living under the protection of his government has the right to adopt and follow any lawful industrial pursuit, not injurious to the community, which he may see fit. And, as incident to this, is the right to labor or employ labor, make contracts in respect thereto upon such terms as may be agreed
The petitioner can be restored to his civil rights only by the removal of the sentence of insanity standing against him. So that if the petitioner has been restored to sanity, he is being “detained without lawful authority”, and the writ of habeas corpus will lie.
Second: Does the evidence show that the petitioner has been restored to sanity? The trial court thought not. The finding of the circuit court was to a certain extent based upon conflicting oral evidence, and this court will not disturb its finding unless there is a preponderance of evidence in favor ' of the appellant. Many witnesses were examined in relation to the sanity of the petitioner. We shall not attempt to feconcile the theories or statements of the witnesses; nor would a discussion of the different theories be profitable at this time. The physicians called by the defendants say that Lawrence is afflicted with a disease known to the profession as parancea. They say the disease is progressive and incurable. Dr. Barlow, the superintendent of the hospital, thinks that Lawrence has been suffering from this disease since 1887. But it is said that this theory is repelled by the fact that Lawrence was in an insane asylum at Warren, Pennsylvania, in 1887, and released as restored; that he was again in the hospital at Weston in 1895, and in an insane asylum in California for a short period in 1902, and again released as restored; and that he was not afflicted this way again until 1913; and that during the lucid periods he was a good citizen and prosperous business man; that he was released on bond
We are therefore of opinion to reverse the judgment of the circuit court dismissing the habeas corpus proceedings, and enter an order here releasing the petitioner.
Reversed, and petitioner released.