REPORT OF COMMITTEE 
ON 
LUNACY COMMISSION, 
(COMPLIMENTS OF 
JNO. S. CONRAD, M. D. 
WITH THE 
NEW LUNACY LAW, ENACTED 
BY THE MARYLAND LEGISLATURE, 
January Session, 1886. 
Reprint 
FROM TRANSACTIONS OF 
Jiiacbical anti Oirurgical JFacuItp, 
of the State of Maryland. 
1886. STEAM PRESS OF 
GUGQENHEIMER, WEIL & CO. 
BALTIMORE. [Reprint from " Transactions of the Medical and Chirurgical Faculty of 
Maryland" for 1886.] 
REPORT OF COMMITTEE 
TO DRAFT A LAW RELATING TO THE SUPERVISION 
OF THE INTERESTS OF THE INSANE OF MARY- 
LAND. 
Baltimore, Md., April 27, 1886. 
Mr. President and Members: 
Your committee, appointed nearly four years ago, namely, May 
9, 1882, to draft a bill, to be presented to the General Assembly 
of Maryland, relating to "The Supervision of the Interests of the 
Insane in this State," beg leave, before giving their report in 
extenso, to pay their tribute of respect to the memory one of their 
number, namely, Prof. Richard McSherry, who assiduously labored 
with the other members, and exhibited great interest in the con- 
summation of the ends in view. Ilis prudent suggestions and 
wise counsel are manifested in the bill. 
The following resolutions of the Faculty, passed May 9, 1882, 
authorizing the action of the committee, have been explicitly 
carried out: 4 
REPORT OF COMMITTEE ON 
simply on the certificate of any two physicians, for which there 
never had been any law; that day is passed, and, we hope, passed 
forever. 
It is in no spirit of self-laudation that your committee boldly 
asserts that it has at last been reserved for this time-honored Fac- 
ulty to exert its quiet, honest, earnest, effectual influence upon 
the legislators of Maryland. It was no easy task. Other profes- 
sions have essayed it and failed utterly. 
To those who are familiar with the deplorable condition of some 
of the insane in this State, the passage of the bill presages a new 
era. It is a consummation long desired; its beneficent influence 
and the results of its wise execution will wheel Maryland into 
that line of states whose people delight to bestow humane privi- 
leges upon this afflicted class, and exercise a conservative guard- 
ianship over their person and estate. 
We hazard little in prophesying that, ere long, we may expect 
it to be possible, in our State as in others, to visit the melancholic, 
neglected, forgotten fellow-being, who to-day is chained by the 
ankle to a floor of filth, and, by using our influence in having the 
curable insane pauper transferred to a hospital, by intelligent and 
prompt treatment, cause him to be clothed in his right mind ' 
The functions of a Lunacy Commission constitute a most sacred 
trust. The benefits resulting will, as well, depend on the men 
who execute the trust as on the manner it is executed. It should 
be kept out of the domain of politics, it should be on the higher 
plane of pure Christian philanthropy. 
The subject matter of Mrs. Pacard's proposed bill, which, on 
the 13th of May, 1885, was by the Faculty referred to this com- 
mittee, being encompassed by one of the sections of the Faculty's 
bill, namely: that referring to "sealed correspondence" from 
inmates of asylums, was not further considered by your com- 
mittee. 
The personal expenses of your committee, amounting to $55, 
have been paid out of their own pockets. The small sum of $9.75 
was paid for engrossing the original bill, and for a certified 
amended copy, by the Clerk of the Court of Appeals, which copy 
is herewith submitted. 
As the law goes into effect in June of this year, several new 
blank physicians' certificates of insanity, to conform therewith, 
have been printed, copies of which may, on application, be had INTERESTS OF THt INSANE. 
5 
from any of the insane asylums, or from the Recording Secretary 
of the Faculty. 
A certified copy of the law accompanies this report. 
All of which is respectfully submitted. 
JOHN S. CONRAD, M. I)., Chairman, 
THOMAS S. LATIMER, M. D., 
RICHARD GUNDRY, M. I)., 
G. LANE TANEYHILL, M. D., Secretary, 
JAMES CAREY THOMAS, M. D., 
JOHN MORRIS, M. D. 
LUNACY LAW. 
[Chapter 487.-Approved April 7, 1886.] 
An Act to add Additional Sections to Article Fifty-eight of the Code 
of Public General Laws, entitled "-Lunatics and Insane." 
Be it enacted by the General Assembly of Maryland, That 
the following sections be added to Article Fifty-eight of the 
Code of Public General Laws, entitled "Lunatics and Insane 
Section 12. Be it enacted, That in order to secure to the 
insane just and humane management, and careful treatment of 
their malady, as well as all their rights as involuntary wards of 
the State, it becomes the duty of the State to provide against any 
and all abuses of their liberty, and to provide proper methods of 
care and treatment. 
Section 13. And be it enacted, That there shall be a Board 
known under the name of "The Lunacy Commission/' which 
shall have supervision over all institutions, public, corporate or 
private, in which insane persons are detained. 
Section 14. And be it enacted, That the Governor of the 
State of Maryland shall appoint four Commissioners, who, with 
the Attorney-General, shall constitute the Board of Government 
of "The Lunacy Commission," with functions and powers as here- 
inafter defined. 
Section 15. And be it enacted, That the term of office of said 
Commissioners shall be-one for one year, one for two years, one 
for three years, one for four years, or until their successors are 6 
LUNACY LAW. 
appointed; that all subsequent appointments shall be made by the- 
Governor for the period of four years; that the Governor shall fill 
all vacancies of an unexpired term of any one of said Com- 
missioners. 
Section 16. And be it enacted, That said Lunacy Commis- 
sion shall be qualified for their positions in the following manner, 
to wit: 
1st. Three at least of said Commission shall be appointed from 
the City of Baltimore. 
2d. Two of said Commission shall be physicians and gradu- 
ates of some legally authorized Medical College, and must also 
have been in actual practice of their profession at least five years 
consecutively just preceding their appointment. 
3d. One of said physicians so chosen shall have had at least 
two years' experience in the treatment of the insane. 
4th. In addition to said four Commissioners, the Attorney- 
General of the State shall be, ex-officio, a member of the Com- 
mission. 
5th. No member of said Commission shall, in any way, 
directly or indirectly, have any pecuniary interest in any place in 
which the insane are confined, or in the management or supplies 
or treatment of such insane. 
Section 17. And be it enacted, That the members of said 
Commission, except the Secretary, shall receive no compensation 
for their services, except such necessary expenses as may be incur- 
red in the performance of their duties; the same to be paid by the 
Comptroller of the Treasury on the presentation of an itemized 
account, with the proper vouchers, but the Comptroller shall have 
the power to refuse payment of expenses which he may decide to 
be unnecessary. 
Section 18. And be enacted, That said "Lunacy Commission" 
shall appoint a Secretary, who shall be a qualified physician, who 
shall record the transactions of the Commission, and perform such 
other duties as may be ordered by the Commission in the execu- 
tion of their duties; the salary of the Secretary shall be one 
thousand dollars per annum, besides his actual expenses incurred 
in the performance of his duties; the said Commission shall make 
such by-laws and regulations, not inconsistent with this act, as in 
their judgment may be required for the better fulfillment of their 
duties. LUNACY LAW. 
7 
Section 19. And be it enacted, That said Lunacy Commission 
shall meet at least once in three months, and that said Commission 
shall be required to meet at any time when a call for such meeting 
shall be desired by any two members, made to the Secretary in 
writing. 
Section 20. And be it enacted, That the Secretary, or at least 
one member of said Commission appointed for the purpose of the 
Board, shall visit all public, corporate or private institutions, 
including almshouses where the insane are kept, at least once in 
every six months, and report the same to the Commission, with 
such comments as may be necessary, which shall be recorded. 
And the said Commission may order the Secretary to make visita- 
tions of inspection at any time, to any one or all of said institu- 
tions, including almshouses where the insane are kept, and report 
in writing the condition, management and treatment of such 
insane and idiotic to said Commission. 
Section 21. And be it enacted, That the Commission may, 
at any time, if in its judgment any person confined in any insti- 
tution in this State as insane be not insane, bring the matter to 
the attention of the State's Attorney of Baltimore City, or the 
State's Attorney of any of the respective counties of the State, 
whose duty it shall be to apply to the proper tribunal for the writ 
of habeas corpus, whereupon proper inquiry and investigation may 
be had as to the mental condition of such person, and if the court 
shall be of the opinion that such person is not insane, then the 
court shall discharge such person; but in the event that the court 
shall determine such person is insane, then the court shall order 
that such person be returned to the institution from which he has 
been taken under the writ of habeas corpus. 
Section 22. And be it enacted, That it shall be mandatory 
upon the officers in charge of such places, or others, to furnish all 
information that may be requested by said Commission or Secre- 
tary thereof, and give free access to any member thereof, and to 
the Secretary of said Commission, to visit the insane or idiotic in 
their keeping; any refusal to do so upon the part of any one shall 
be a misdemeanor, punishable by fine or imprisonment, in the 
discretion of the court in which the case may be tried. 
Section 23. And be it enacted, That the said Lunacy Com- 
mission is empowered by this act to issue compulsory process for 
the attendance of witnesses and the production of papers, to 8 
LUNACY LAW. 
administer oaths and examine persons under oath, and exercise 
the same powers as belong to a Justice of the Peace in all cases, 
when from evidence laid before them, there is reason to believe 
that any person is wrongfully deprived of his or her liberty, or 
has been cruelly or negligently treated in any place or institution 
or almshouse; but in all cases in which said commission shall 
take action, or determine any question affecting any insane 
person, or persons, supposed to be insane, or any institution in 
which such insane, or supposed to be insane, person is confined, 
the Managers of such institution shall have the same right of 
appeal from said action or determination of said Commission as 
is now allowed by law in cases instituted before Justices of the 
Peace of the State. The Commissioners shall be empowered to 
present the offenders before the Grand Jury of the city or county 
in which such offense may have occurred. 
Section 24. And be it enacted, That the said Lunacy Com- 
mission shall make an annual report to the Governoi' of the State, 
in the month of December of each year, giving an account of 
their proceedings; also, a report of the condition of all the 
different institutions, public, corporate and private, including 
almshouses where the insane or idiotic are kept. 
Section 25. And be enacted, That the Lunacy Commission 
shall be authorized to require a written report from all institu- 
tions, public, corporate or private, including almshouses in which 
the insane or idiotic may be kept; said report to be in such form 
and at such time as they may adopt, with any other facts concern- 
ing the treatment of the insane which they may think proper. 
Section 26. And be it enacted, That any officer or other 
person in charge of the insane who may refuse to comply with 
this act shall be deemed guilty of a misdemeanor, and on convic- 
tion of same shall be fined or imprisoned, in the judgment of the 
court before which the case may be tried. 
Section 27. And be it enacted, That the Superintendent or 
other officer or keeper of any institution, public, corporate or 
private, or almshouses where the insane may be kept, shall be 
required to keep a report of all patients in such form as the Com- 
missioners shall direct, also, a record in which shall be entered 
the incidents and accidents that may occur ; also the number and 
kind of restraint used, with details of same, to be reported to the 
Commissioner. LUNACY LAW. 
9 
Section 28. And be it enacted, That no person or association 
of persons, shall establish or keep an asylum, or retreat, or private 
place or home for the .care or custody of the insane, or treatment 
of such cases or persons of unsound mind for compensation or 
hire without first obtaining a license therefor from said Lunacy 
Commission; provided, this section shall not apply to any state 
or incorporated institution or almshouse in any of the counties, 
except when a county almshouse shall receive insane persons from 
other counties for pay. 
Section 29. And be it enacted, That every application for 
such license made to the said Commission shall be accompanied by 
a plan of the premises proposed to be so occupied, number of 
patients (male and female), location and whatever other details 
the Commission may think proper to require to form an opinion 
as to the propriety of issuing such license, said Commission to be 
authorized to grant such license in their judgment. If such 
license be refused to an applicant, then, and in that case said 
applicant may appeal from the decision of the Commission to the 
Superior Court of the City of Baltimore, or to the Circuit Court, 
if in the counties, to show cause why such license shall not issue. 
Should the court decide that no sufficient cause exist for not 
granting the license, the court may order the Commission to issue 
such license. 
Section 30. And be it enacted, That any person or persons 
violating this act by failing to take out a license as required herein, 
shall be deemed guilty of a misdemeanor, and, upon conviction 
thereof, shall be subject to a fine or imprisonment, in the discre- 
tion of the court before which such case may be tried. 
The form of license shall be substantially as follows : 
Know all men by these presents, That the Lunacy Commission, 
acting under the Laws of the State of Maryland, hereby certifies 
that of the city or county of has delivered to it a 
plan and description of a building and premises proposed to be 
licensed for the reception of lunatics, situated in the county or 
city of ..(here describe location, postoffice address, number 
of patients proposed to be treated or held in custody) and said 
Commission having considered and approved the same, hereby 
authorize the said , he intending to reside therein, to use 
and employ said building and premises for the reception of 10 
LUNACY LAW. 
lunatics (male and female), who shall be known as private 
patients. 
Given under our hand this day of 18.... 
Commissioners of the Lunacy Com. 
Section 31. And he it enacted, That the Board of Managers 
or Superintendent of any institution, public, corporate or private 
or almshouse, which may be duly authorized to hold in custody 
any insane person in accordance with law, may, and are hereby 
authorized to appoint one or more of the attendants or other 
employees of such places, as defined in this act, as policeman, 
whose duty it shall be, under the orders of said Superintendent, 
or manager or keeper, to arrest and return to the asylum or other 
institution specified in this act, any insane person who may escape 
therefrom. 
Section 32. And he it enacted, That no person shall be com- 
mitted to or confined as a patient in any institution, public, cor- 
porate or private, or almshouse or other place for the care and 
custody of insane or idiotic, except the written certificate of two 
qualified physicians, made within one week after examination of 
said alleged lunatic, and setting forth the insanity or idiocy of such 
person and the reasons for such opinion. Nothing in this section 
shall be construed as repealing such acts as are now in force con- 
cerning the commitment of the pauper insane, as provided for in 
Article fifty-eight, to which these sections are added. The pro- 
visions of this section shall not be held to apply to cases of volun- 
tary commitments as provided for in Section thirty-nine of this act. 
The form of physicians' certificate shall be substantially as 
follows : 
State of Maryland, county or city of dated I, a 
resident of county or city of being a graduate of 
Medical College and having practiced as a physician five years, 
do hereby certify, that on this day of , I have 
personally examined age (sex) (social state) and 
do verily believe that the said is insane, and'that the dis- 
ease is of a character which, in my opinion, requires that the per- 
son shall be placed in a hospital or other establishment, where the 
insane are detained for care and treatment. I further certify, that 
I am not related by blood or marriage to the said , nor in LUNACY law. 
11 
any way connected as medical attendant or otherwise, with the 
hospital or other establishment in which it is proposed to place 
the aforesaid; and that this certificate is signed and made within 
one week of the examination of the patient. 
M. D. 
Residence 
Section 33. And be it enacted, That it shall not be lawful for 
any physician to certify to the insanity of any person, for the pur- 
pose of committing such person to confinement in an asylum or 
other place where the insane are kept, with which said physician 
may be in any manner connected or interested. 
Section 34. And be it enacted, That all superintendents or 
other officers of an asylum or other insitutions where the insane 
are kept in custody or received for treatment, whether public, 
corporate or private, or almshouse, shall, within ten days after the 
reception of such patient or person, make or cause to be made a 
description of such case, in a book kept exclusively for the purpose. 
He shall also make entries from time to time of the mental condi- 
tion of such patient or person so confined. 
Section 35. And be it enacted, That the said Lunacy Com- 
mission shall by this act be vested with all the functions and 
powers of law, now in force, relating to the office and duties of 
Coroner (Article twenty-five), in so far as may relate to cases of 
death occurring in any one of the places specified in this act. 
Section 36. And be it enacted, That any person confined in 
such places as hereinbefore defined shall be furnished at all times 
with paper, envelopes, stamps, pen and ink or pencil, shall at all 
times have access by correspondence with the Lunacy Commission, 
and some one other person whom such lunatic may designate every 
month, under seal, which communication shall be forwarded by the 
office, Superintendent or keeper who may be in charge of such 
person or place specified in this act, and any failure on the part 
of those in charge of such person to forward such communication 
shall be deemed guilty of a misdemeanor, and if convicted shall 
be subject to a fine or imprisonment, in the judgment of the court 
before which such case may be tried. 
Section 37. And be it enacted, That the detention of any per- 
son in any one of the places or receptacles for the insane specified 
in this act, without compliance with the regulations of this act or 
the acts already in force, shall be a misdemeanor on the part of 12 
LUNACY LAW. 
such person so violating the provisions of this act, or any one who 
has omitted the requirements of this act shall be liable for 
damages. 
'Section 38. And be it enacted, That any person believing 
himself to be mentally diseased and approaching a state of in- 
sanity, and being advised by his attending physician that such is 
his condition, may voluntarily commit himself to any one of the 
Specified institutions included in this act, to be detained for the 
time specified by written agreement, signed by such person, in the 
presence of a friend or relative or any disinterested person, and 
by his attending physician, for a period not exceeding three 
months ; said contract may be extended by renewal, but if, at the 
expiration of the period of contract, such person should be insane 
and unfit to be discharged, in the opinion of the Medical Superin- 
tendent, the Lunacy Commission should be duly notified in writ- 
ing of the facts, and said Commission shall investigate the same, 
and, if in their opinion such person is unfit to be discharged, then 
and in such case, said Commission shall be authorized to renew 
the contract by their own authority for one month at a time. 
Section 39. And be it enacted, That no institution for the 
custody, confinement or treatment of the insane, whether public, 
corporate or private, shall be authorized to hold in confinement 
or custody any number of insane persons exceeding five for com- 
pensation, unless there shall be a physician in regular attendance 
upon such institution or house. 
Approved this 7th day of April, 188G. 
HENRY LLOYD, Governor. 
JOSEPH B. SETH, 
Speaker of the House of Delegates. 
E. E. JACKSON, 
President of the Senate. 
The Great 
Seal of 
Maryland. 
.State of Maryland, Set. : 
I, Spencer C. Jones, Clerk of the Court of Appeals of Maryland, 
do hereby certify that the foregoing is a full and true copy of the 
Act of the General Assembly of Maryland, of which it purports to 
be a copy, as taken from the original law belonging to and 
deposited in the office of the Clerk of the Court of Appeals afore- 
said. RESOLUTIONS. 
13 
In testimony whereof, I have hereunto set my hand as Clerk 
and affixed the seal of the Court of Appeals, this 26th day of 
April. A. D., 1886. 
SEAL. 
SPENCER C. JONES, 
Clerk Court of Appeals of Maryland. 
Offered by P. C. Williams, M. D., and unanimously 
PASSED BY THE FACULTY AT THE CONVENTION, APRIL, 
1886. 
RESOLUTIONS 
Resolved, That this Faculty thank the "Committee, appointed 
four years since, to Draft a Law in the Interest of the Insane of 
Maryland," for the zeal and fidelity with which they have dis- 
charged the important duties assigned them, and that the Faculty 
congratulates the Committee upon the eminently successful 
termination of its long and arduous labors. 
Resolved, That the Corresponding Secretary of the Faculty be 
requested to convey its thanks to the eminent Counsel for the 
invaluable services they gratuitously rendered the Committee. 
Resolved, That as the successful execution of the law will largely 
depend upon the character of the members of the Lunacy Com- 
mission, this Faculty desires most respectfully to express the hope, 
that the Governor will appoint capable representative men, with 
special moral and scientific fitness for their work. 
Resolved, That the Corresponding Secretary be requested to 
send a copy of this resolution to His Excellency. 
Resolved, That this Faculty would also thank the "Sun" news- 
paper for the intelligent and active interest it manifested in 
directing attention to the bill.