"SEC. 3. Commitment to Hospital.-Whenever in the trial of a criminal case, the accused pleads insanity as a defence, he shall be required to state in his pleading whether he claims that the malady is continuous and permanent or whether it is a temporary attack which has passed off at the time of the pleading. If the defence relied on is a continuing and permanent malady and if the existence of this malady becomes an issue in the case, the judge of the court before which the accused is to be tried or is being tried shall commit the accused to the state hospital for the insane or other appropriate hospital to be detained there until further order of the court.” Great complaint and in many instances justifiable complaint has been made in this Association of the intolerable-not to say criminal-" third degree" processes of police authorities. We are unwilling to commit this Association to anything that even remotely resembles them. Under such a commital it is reasonably certain that the conduct, manner, etc., of the accused will be sufficiently "observed." He will be segregated from his family, friends and counsel and it is difficult to say that he is not required to be a witness against himself-contrary to all constitutional safeguards. In an attempt to relieve from what is considered to be an evil we think that this Association should ponder well and hesitate long before it gives its assent to what may prove to be a greater evil. We return herewith as a part of this report copies of the several bills to which reference is herein made. Respectfully submitted, WILLIAM A. KETCHAM, Chairman, WILLIAM L. PUTNAM. JERRY B. SULLIVAN. IN THE HOUSE OF REPRESENTATIVES. JANUARY 20, 1915. Mr. Bartholdt introduced the following bill; which was referred to the Committee on the Judiciary and ordered to be printed: A BILL FOR THE BETTER PROTECTION OF ALIENS AND FOR THE ENFORCEMENT OF THEIR TREATY RIGHTS. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the President of the United States be authorized to direct the Attorney-General, in the name and behalf of the United States, to file a bill in equity in the proper district court of the United States against any person or persons threatening to violate the rights of a citizen or subject of a foreign country secured to such citizen or subject by treaty between the United States and such foreign country; and that this provision shall apply to acts threatened by state officers under the alleged justification of a law of the legislature of the state in which such acts are to be committed. [The aliens whose rights are affected may be joined as complainants with the United States in such equitable proceeding] and jurisdiction is hereby given to the proper district courts to maintain such action. The costs in such case, if awarded [against the complainant and] the United States, shall be paid by order of the Secretary of State out of the contingent fund of the State Department. SEC. 2. That whenever an action, civil or criminal, is brought in a state court against a citizen or subject of a foreign country to enforce an act passed by the legislature of such state, which is deemed by the President to violate the rights of such citizen or subject of a foreign country, secured to him by treaty between the United States and such foreign country, it shall be lawful for the Attorney-General of the United States, on behalf and in the name of the United States [and with the consent of such citizen or subject of a foreign country, party defendant],* at any time before a hearing or trial upon the merits in such state court, to file an intervening petition for removal of said cause to the proper district court of the United States. Upon the filing of such petition removal shall take place in accordance with the procedure in other cases for which removal is provided in the statutes of the United States, so far as the same is applicable, except that the Attorney-General shall not be required to file a bond for costs. The district court of the United States is hereby authorized to make an order for costs against the United States in case the cause shall prove to have been improperly removed, to be paid by the Secretary of State, as in section 1 of this act. Upon the filing in the proper district court of the United States the cause shall duly proceed to trial, and the United States as intervenor shall be permitted to submit evidence and to be heard by counsel duly authorized, and the cause shall accordingly proceed to judgment, and shall be subject to review as other cases arising under the laws and Constitution of the United States. SEC. 3. That any act committed in any state or territory of the United States in violation of the rights of a citizen or subject of a foreign country, secured to such citizen or subject by treaty between the United States and such foreign country, which act constitutes a crime under the laws of such state or territory, shall constitute a [like] crime against the peace and dignity of the United States, punishable in like manner as in the courts of said state or territory, and within the period limited by the laws of such state or territory, and may be prosecuted in the courts of the United States, and, upon conviction, the sentence executed in like manner as sentences upon convictions for crimes under the laws of the United States.* SEC. 4. That the President of the United States is hereby expressly authorized to use the marshals of the United States and their deputies to maintain the peace of the United States when violated by the commission of such acts as are denounced in the preceding section; and should, in his judgment, the circumstances demand it, he is empowered to use the army and the navy for the same purpose. * Changes recommended by the committee: In section 1 strike out the words, The aliens whose rights are affected may be joined as complainants with the United States in such equitable proceeding." In section 2 strike out the words, "and the consent of such citizen or subject of a foreign country, party defendant." In section 3 strike out the word "like" so that the phrase shall read, "shall constitute a crime against the peace and dignity of the United States, etc.," in lieu and instead of 66 shall constitute a like crime, etc." (See Report, supra.) IN THE SENATE OF THE UNITED STATES. MAY 22, 1913. Mr. McCumber introduced the following bill; which was read twice and referred to the Committee on the Judiciary: A BILL TO AMEND SECTION ONE HUNDRED AND SEVENTY-SEVEN OF THE JUDICIAL CODE. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That in an action against the United States to recover a liquidated debt [a judgment for the claimant shall include interest at 6 per centum from the time the debt was due and payable, and in all other judgments against the United States the court shall include interest at the same rate as an element in the damages awarded if necessary fully to compensate the claimant]. All judgments against the United States shåll bear interest at the rate of 4 per centum from the date of such judgment until payment of the same. A BILL TO REGULATE EXPERT TESTIMONY. SECTION 1. Summoning of Witnesses by Court.—Where the existence of mental disease or derangement on the part of any person becomes an issue in the trial of a case, the judge of the trial court may summon one or more disinterested qualified experts, not exceeding three, to testify at the trial. In case the judge shall issue the summons before the trial is begun, he shall notify counsel for both parties of the witnesses so summoned. Upon the trial of the case, the witnesses summoned by the court The committee recommend that the words "a judgment for the claimant shall include interest at 6 per cent per annum from the time the debt was due and payable, and in all other judgments against the United States the court shall include interest at the same rate as an element in the damages awarded if necessary fully to compensate the claimant," be omitted, and in lieu thereof the following words be substituted, "the court shall in its discretion allow interest at a rate not less than 3 nor more than 4 per cent per annum from the time when in its judgment payment has been unjustly withheld." (See Report, supra.) may be cross-examined by counsel for both parties in the case. Such summoning of witnesses by the court shall not preclude either party from using other expert witnesses at the trial. SEC. 2. Examination of Accused by State's Witness.-In criminal cases, no testimony regarding the mental condition of the accused shall be received from witnesses summoned by the accused until the expert witnesses summoned by the prosecution have been given an opportunity to examine the accused. SEC. 3. Commitment to the Hospital [for Observation].— (Whenever in the trial of a criminal case the existence of mental disease on the part of the accused, either at the time of the trial or at the time of the commission of the alleged wrongful act, becomes an issue in the case, the judge of the court before which the accused is to be tried or is being tried shall commit the accused to the state hospital for the insane, to be detained there for purposes of observation, until further order of court. The court shall direct the superintendent of the hospital to permit all the expert witnesses summoned in the case to have free access to the accused for purposes of observation. The court may also direct the chief physician of the hospital to prepare a report regarding the mental condition of the accused. This report may be introduced in evidence at the trial under the oath of said chief physician, who may be cross-examined regarding the report by counsel for both sides.) SEC. 4. Written Report by Witness.-Each expert witness may prepare a written report upon the mental condition of the person in question, and such report may be read by the witness at the trial. If the witness presenting the report was called by one of the opposing parties, he may be cross-examined regarding his report by counsel for the other party. If the witness was sum Substitute section recommended by the committee to take the place of Sec. 3 in original bill: 46 SEC. 3. Commitment to Hospital.-Whenever in the trial of a criminal case, the accused pleads insanity as a defence, he shall be required to state in his pleading whether he claims that the malady is continuous and permanent or whether it is a temporary attack which has passed off at the time of the pleading. If the defence relied on is a continuing and permanent malady and if the existence of this malady becomes an issue in the case, the judge of the court before which the accused is to be tried or is being tried shall commit the accused to the state hospital for the insane or other appropriate hospital to be detained there until further order of the court." (See Report, supra.) |
