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Mr. Hall. I have in my office the current bills in front of Congress now for mental health for Alaska. I have read them thoroughly and consider them to be adequate and a vast improvement.

If the committee would like to be shocked, I will break out the case records on these two persons who, unfortunately, were committed through me.

Mr. Urr. We have been shocked constantly over this procedure, I might say.

Mr. BARTLETT. Dr. Taylor?
Mr. Taylor. No questions.
Mr. BARTLETT. Mr. McFarland ?
Mr. McFARLAND. I have no questions.

Mr. BARTLETT. We have a minute or two yet. Won't you tell us something about these case histories? I think these personal experiences fortify the case for the passage of a mental-health bill.

Mr. Hall. A brother of the person in this one case came to my office and indicated that the man was mentally deranged; he couldn't find his way home; he was losing himself; and that probably he should be looked at by a physician. I thereupon inquired of a local physician to give him an examination, depending on that whether he should be committed to a jury or not for his sanity,

The physician examined him and declared to me in his opinion he was insane, or at least he was in a position where he should be examined by a competent person to declare his insanity.

I then presented this person with a warrant of arrest and used the marshal's office to accomplish this, and then a jury of 6 good men in good faith in this town sat, heard the evidence of the doctor and of the family concerning this man's actions and his present ability. They deliberated for about 5 or 10 minutes and returned with a verdict of mentally incompetent. I judged the man to be insane and put him in the custody of the marshal's office.

It so happens that the marshal asked me if I would accompany him to Anchorage with the prisoner, as he was then termed. We took the prisoner to Anchorage and deposited him in the custody of the United States jail system and a receipt was given for him, and all the necessary papers that were to be with him. This man was a sick man when we had him, and papers were on his person or in custody of his

person declaring he was a sick man. Then the marshal's office and the jail system apparently had some disagreement as to his care and keeping Exactly what they did I

. do not know. I do know that the FBI made a thorough investigation into it but they would offer me no light as to what the final outcome

But the result was that the man got sick while he was in jail. The sickness wasn't recognized until it was advanced. When it was recognized he was taken to a hospital and he promptly died.

Mr. BARTLETT. Did this man have a family!
Mr. Hall. He had a family.
Mr. BARTLETT. Was the family notified ?

Mr. Hall. The family was not notified. Yet I personally contained within the records that I sent with this man the names of the living relatives and where they could be contacted.

Mr. Dawson. Do you know what the cause of death was?
Mr. Hall. I think it was pneumonia.

of it was.

Mr. BARTLETT. How long after his sickness or death was his family notified?

Mr. HALL. Between 24 and 48 hours.

Mrs. Prost. Mr. Chairman, I would like to ask Mr. Hall, do you feel that the jury amendment or the section in the bill providing that a jury must pass upon these mental cases should be eliminated from the bill?

Mr. HALL. I do; definitely.

Mrs. Prost. You feel that the warrant of arrest situation brings about the condition that you have just mentioned and it could be eliminated by having a physician or other designated person to pass upon the mental illness of the patient rather than a jury of 6 people selected to pass upon it?

Mr. HALL. I think a judge should be involved to protect the man's legal rights. A mental illness is a condition which happens to a great number. It can be either of great importance or can be of less importance, but certainly he should not be labeled as looney or crazy just because six people have been informed of such. This is what happens to people who go to Morningside and then come back from Morningside: They say, "Well, he was committed to Morningside and you know what that means.“

As I understand the bill, there is a voluntary clause where, if a man is in a dangerous situation or even approaching that, he can voluntarily submit to treatment.

There is right now today a man at large in the Seward area who is facing a jail sentence because he has a disease which he cannot handle himself. But if there was a voluntary section of the mental hospital that he could go to, he could probably be cured.

Dr. DEISHER. May I interject something?
Mr. BARTLETT. Yes, Dr. Deisher.

Dr. DEISHER. I had one case in my sojourn here in Seward in which the man came to me and stated he had previously been in a mental hospital in the VA and he was beginning to feel somewhat the same way he had when he went into that hospital. As I talked to him, I discovered mild indications that he was having trouble again, was getting peculiar notions about things and people. So I recommended to the commissioner that we go about sending him to a mental institution. We brought him up for his trial for the crime of being insane, and the six good men and true, after listening to the man talkand he was not bad-decided that he was not crazy. So they dismissed him as innocent of this crime.

He then came back to see me and said he was still feeling bad and he didn't know what to do about it. So through the Veterans' Administration and a little bit of redtape, I finally made arrangemnts that he could be put into the hospital in Anchorage and from there went to the Veterans' Administration.

But they make mistakes the other way. Here is a man who knows he is sick, knows he needs help, and unless you can convince the jury, they think someone is trying to railroad him.

Mrs. Prost. Did this man after receiving hospitalization return home cured and able to live a normal life?

Dr. DEISHER. I don't know what happened to him after that.

Mr. BARTLETT. Do you approve of the bill which has been reported favorably by this committee?

Dr. DEISHER. I do.
Mr. BARTLETT. Thank you. Thank you, Mr. Hall.

Mr. TAYLOR. I have one question on this case you just mentioned. Was there a doctor's diagnosis or clinical chart or record of any sort sent with him when you took him to Anchorage ?

Mr. Hall. He was indicated to be very ill at the time we took him into Anchorage, and it was so diagnosed on the chart.

Mr. TAYLOR. So if he would have gotten to Morningside, which he did not, the doctors down there who received him would have had some record of why he had been sent down?

Mr. HALL. Among other things, before we even left from Seward we checked through the various agencies so as to notify the family, and it was ascertained he would be in Morningside 48 hours later, and 10 days lated he died in Anchorage.

Mr. TAYLOR. Died in jail?

Mr. Hall. In the hospital. But he was just removed from jail to die in the hospital.

Mr. BARTLETT. There would have been plenty of time to notify the family and have them by his side.

Mr. HALL. This is something that grinds me very much because the family practically held me personally responsible for not informing them.

Mr. BARTLETT. And you knew nothing of it?
Mr. HALL. I knew nothing of it.
Mr. BARTLETT. Thank you, Mr. Hall.

. Dr. Deisher will proceed for Mr. Billens. The subject is Federal judge in Seaward.

Dr. DEISHER. I will have to read this. It is very short.
Mr. BARTLETT. All right, Doctor.
STATEMENT OF RAYMOND K. BILLENS, SEWARD, ALASKA

(AS READ BY DR. DEISHER) Dr. DEISHER (reading):

Subject: The need of an additional Federal Judge in the Third Judicial District, the feasibility, and why it would be more beneficial and economical for the additional judge to be appointed in Seward, Alaska.

PART 1

First let me thank you for this opportunity to present to you this request on a subject of most importance to the people of the Third Judicial District of the Territory of Alaska.

At the present time there is one Federal judge in Anchorage. This Federal judge is required to handle all of the civil and criminal cases in the Third Judicial District. It is a matter of common knowledge that one man cannot handle the amount of cases that are on file in the city of Anchorage alone.

The Third Judicial District covers the following: Anchorage, Palmer, Seward, Kenai, Homer, Soldotna, Seldovia, Kodiak, Bristol Bay area, Prince William Sound.

The Federal judge in Anchorage has over 1,500 cases on the calendar. This is over 2 years' work for the 1 judge.

PART 2

The present Federal building in Seward has been condemned. It is the opinion of the investigator who condemned the building that there should be no more Federal funds put into the maintenance of this building. And that Seward should

be given a new building as soon as possible. Seward will be getting a new Federal building shortly. With the construction of a new building, it would be a simple thing to include judges chambers, a courtroom, and the necessary rooms required at a minimum of cost.

CONCLUSION In the Third Judicial District, excluding Anchorage, there were in the past year 780 civil and criminal cases. Of this figure we can add 20 percent of cases that originated outside of Anchorage, but were filed in Anchorage due to convenience--for example, if the lawyer for the surrounding area was in Anchorage, he would file his cases there.

The need for another Federal judge in Anchorage is obvious. But it would benefit the people of Anchorage only. It would be of absolutely no help to the people of the Third Judicial District as a whole.

Whereas a judge holding court outside of Anchorage would be of immeasurable aid to the people of the Third Judicial District as a whole.

A Federal Judge holding court outside of Anchorage could handle all of the civil and criminal cases originating outside of Anchorage. He would also have time to go on circuit throughout the district and serve his district regularly. Also he could go on circuit to Anchorage and relieve the situation there.

Because Seward can have a court room, judges chambers, et cetra, constructed with their new Federal Building economically and where Seward is so easily accessible to all points of the Third Judicial District, it would be more beneficial to the people in the Third Judicial District and more economical to have a Federal Judge appointed to Seward, Alaska.

Mr. BARTLETT. Thank you, Doctor.
Mrs. Prost. I would like to ask what is the population of Seward ?

Dr. DEISHER. The population of the town itself is approximately 2,500, but I am sure there are more than 3,000 in this area, which includes the economic area.

Mrs. Prost. In this immediate vicinity, what other large town is close by and easily accessible if a judge were placed here?

Dr. DEISHER. There is no-well, he would be able to go to Kenai, Homer, and Seldovia with little difficulty because those are on the Kenai Peninsula. We have air, railroad, and water transportation into Seward, which would allow him to leave by any of those routes.

Mrs. Prost. Are the other towns that you mentioned quite goodsized ?

Father CILAPP. Might I answer that.
Mr. BARTLETT. Identify yourself.
Father CILAPP. Father Cilapp, St. Peters Episcopal Church.
I can't speak too authoritatively. We made a survey of Kenai

. some time ago. Kenai, of course, isn't a town or anything else; it is just there. They have about 1,500, not counting the Army post and so forth. Probably close to 300 children in school this year, if not a little more. That gives you a rough idea.

Homer is again one of those scattered communities. I would hate to estimate what it would be, possibly 700 if you take in all that area.

I think the population of Seldovia in wintertime, when none of the canneries is operating and the population is dispersed, is about 400.

Dr. DEISHER. I believe the idea would be to headquarter this man out of Anchorage and have him on circuit throughout the district rather than have him in Anchorage, where he would probably improve the administration there, but we in the outer areas would not feel it so much.

Mrs. Prost. As it is, the judge remains in Anchorage at all times?

Dr. DEISHER. As far as I know, that is the way it works at the present time.

Mr. BARTLETT. I think he is on circuit occasionally.

Dr. DEISHER. But it is only rarely; is it not?
Mr. BARTLETT. Yes.
Dr. DEISHER. He is so busy he can't go anywhere else.

Mr. BARTLETT. When he leaves Anchorage he gets farther behind there.

Dr. DEISHER. Yes. Mr. Urt. Why is it not possible to rotate some judges from other districts? Judge Hodge is not busy like that.

Mr. BARTLETT. I should judge he comes down and spends cumulatively 3 months a year and also goes over to Fairbanks. To the best of his ability to spare time from his own district he helps out in the Third and Fourth Division, and right now he is due in the First Division which has been without the services of a judge since the death of the judge there.

Dr. DEISHER. This I believe is the most populous district of Alaska, is it not?

Mr. BARTLETT. By far. Dr. DEISHER. These other fellows can come in to help out, but even with their help I don't believe it is adequately serviced as far as courts ar

are concerned. Mr. UTT. I can only make this observation: That San Diego County, with a population of 750,000 people, has only had 1 judge up to this time, and after 3 years and 30 votes in Congress from California we finally got a second judge. So it is going to be hard to sell the Judiciary Committee on additional judges, as you have found in all of your districts, I am sure.

Mr. BARTLETT. We have had this understanding, fortunately, although we don't have our additional judge yet, and that is that the Judiciary Committee comprehends that the Federal judges in Alaska perform more than a Federal function. The Congress permitted the legislature to impose Territorial duties upon the judges of the district court.

Dr. DEISHER. I think that is important. Where you have your county and your State levels it is a different matter than here where the Territorial level exists and that is it.

Mr. UTT. And they are the recorder too, are they?
Dr. DEISHER. The United States commissioner.

Mr. Dawson. Why don't you put the reverse on that? You say the Territory refused to assume its rightful duties, imposed them on the Federal judge. When you think of the Federal judge having to issue liquor licenses, for which they gave the responsibility to the Territory, and they refused to accept and said they wanted the Federal judge to do that, I think that is ridiculous.

Dr. DEISHER. Is the Territory permitted to do these things?

Mr. Dawson. Not only permitted, but they directed it by act of the Territorial legislature. They refused to assume the responsibility and said, “We want the Federal judge to do it."

Mr. BARTLETT. Mr. Dawson, if you will permit, I want to associate myself with what you said. I think that a Federal judge ought to always be a judicial officer and ought never be an administrative officer. I don't think he ought to be issuing liquor licenses in the Territory of Alaska.

Mr. Dawson. To the very people he is going to bring before this court to prosecute. It is ridiculous.

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