North Carolina - Acts on Education Topics

An Act to Provide for the Support, Maintenance and Other Purposes of the State Hospital at Morganton, the North Carolina Insane Asylum at Raleigh, and the Eastern Hospital at Goldsboro.

1897 Public Laws: Chapter 520

Public Laws and Resolutions of the State of North Carolina Passed in 1897 - Pages 702-707.

The General Assembly of North Carolina do enact:

Section 1. That there be and is hereby appropriated annually the sum of ninety thousand dollars now provided by law for the use, benefit, support, maintenance and repairs of the western hospital for the insane at Morganton, to be paid by the state treasurer upon the warrant of the auditor.

Sec. 2. That there is hereby appropriated the sum of fifty-five thousand four hundred and fifty dollars per annum for the use, benefit, support, maintenance, repairs and care of the central hospital for the insane at Raleigh; that from and after the ratification of this Act all insane patients who may be sent from the counties of Robeson and Durham, are to be sent to and received at the North Carolina Insane Asylum at Raleigh, instead of the state hospital for the insane at Morganton, as heretofore, and the said counties of Durham and Robeson are transferred to the North Carolina Insane Asylum district for the purpose of this Act.

Sec. 3. That there is hereby appropriated the sum of forty thousand dollars for the benefit, care, maintenance, repairs and support of the state hospital for the colored insane at Goldsboro, and this amount is hereby annually appropriated for the benefit of said institution.

Sec. 4. That the principal of each of said institutions for the insane, that is to say for the western hospital at Morganton, for the central hospital at Raleigh, and for the eastern hospital at Goldsboro, may designate one or more of their employees to act as policemen on the premises of their several institutions. The person so designated upon taking the oath of policeman before the mayor of Morganton, Raleigh or Goldsboro, as the case may be, shall wear a police uniform and a police badge to be furnished them out of the appropriation annually made under the direction of the several principals, and shall be and are hereby invested with full police power and authority to arrest any and all disorderly persons, persons committing or threatening to commit any nuisance, trespass in and on the premises, and all tramps, vagrants or obnoxious persons on the grounds of the said state institutions, or any person who may violate any of the rules, regulations and by-laws that are or may be made by the principal and board of trustees, of the several institutions, and when so arrested the said person shall be carried before the nearest mayor or justice of the peace, and shall be deemed guilty of a misdemeanor, and upon conviction maybe fined not exceeding fifty dollars, or imprisoned not exceeding thirty days, the discretion of the mayor or magistrate trying the same.

Sec. 5. That there is hereby established and created in the state penitentiary a department to be known and designated as "the department for the criminal insane," and all persons in the state who are now insane and, who committed a crime while insane, or who were insane at the time arraigned for trial and confined in any of the insane institutions of the state, shall be transferred to the said department for the criminal insane so to be set apart by the principal and trustees of the state penitentiary. All persons who may hereafter commit crime while insane, and all persons who, being charged with crime and insane at the time of their arraignment, or when put upon trial, may be sent by the court before whom they are or may be arraigned, or to be tried when it is, or may be ascertained by due course of law that such person is then or was insane, to the department for the criminal insane in the state penitentiary at Raleigh for treatment, under such rules and regulations as the superintendent and directors of the state penitentiary may from time to time prescribe. In this department for the criminal insane, the races and the sexes shall be kept in separate apartments, and shall be under the medical care and treatment of the physicians and surgeons of the central hospital at Raleigh. The principal of the said central hospital is charged with their care and treatment, and may from time to time delegate this duty to one or more of his assistant physicians, or to one or more of the surgeons or physicians at the penitentiary; but the care, treatment and cure of such criminal insane shall at all times be under the supervision and direction as herein of the said principal of the central hospital at Raleigh. That whenever the principal of the central hospital shall certify in writing that any one of the criminal insane are cured or restored to their normal mental health, the superintendent of the state penitentiary shall notify the sheriff of the county from which said criminal insane was sent, whose duty it shall be to convey said prisoner insane person to the county from which he or she was sent, and hold the same in custody, under the order and direction of the resident judge of the superior or criminal court or the judge then riding the circuit or district in which said county is embraced. That the said criminal insane, which so confined in the department for the criminal insane, are to be treated in all respects as insane patients, and confined for the purpose of treatment and cure in the same manner, in all respects, as other insane persons are kept and cared for in other insane institutions of the state.

Sec. 6. It shall be the duty of the board of directors of the penitentiary to provide as soon as may be a sufficient number of rooms in the present penitentiary building to accommodate such criminal and dangerous insane patients as are now or hereafter may be confined in either of the state institutions charged with the care of the insane, and also such as may be committed under later provisions of this chapter. The transfer of such persons to Raleigh shall be a state charge, to be paid by the treasurer upon the warrant of the auditor.

Sec. 7. The certificate of the superintendent, endorsed and approved by three members of the board of directors of any of the state hospitals or asylums for the insane, shall be sufficient authority for the admission into the insane wards of the penitentiary of any patient of homicidal tendencies, whose presence in the hospital of his treatment is dangerous to other patients. A detailed statement of the facts in eacli case of this character shall be rendered to the governor in the regular reports of the institutions making such transfers.

Sec. 8. The superintendents of the several state hospitals and asylums for the insane, with the consent of their respective boards of directors, shall make application to the board of directors of the penitentiary for the admission into the insane ward of the penitentiary provided for in this Act of all criminal insane persons under treatment in either of such hospitals or asylums who have been guilty of a capital felony or other crime previous to admission in either of such institutions, and whose presence is dangerous to others, likewise all insane persons who have committed any act of homicide or crime while under treatment in either of the state hospitals or asylums; and it shall be the duty of the penitentiary authorities to receive all such insane persons as soon as the insane wards heretofore provided for shall be opened for the reception of patients. It shall also be their duty, in like manner, to receive any criminal insane persons confined in any jail of the state upon the order of any judge of the superior or criminal courts, duly certified as such.

Sec. 9. For the purpose of carrying into effect the provisions of this Act the board of directors of the penitentiary are hereby authorized and directed to employ, to the exclusion of any current work, any skilled labor to be found among the convicts in remodeling and arranging such portions of the penitentiary building as, after due inquiry, shall be deemed necessary to provide for the humane care of the insane persons herein mentioned. It shall be the duty of the penitentiary authorities to provide separate quarters for the sleeping, eating and exercising of the two sexes, and also for the white and colored patients, and all insane persons m their charge shall be kept absolutely apart from the sane convicts. The physicians of the penitentiary, under the directions of the physician of the Raleigh Insane Asylum, as herein provided, shall be the medical superinintendent of the insane wards herein provided for.

Sec. 10. When a person accused of the crime of murder, attempt at murder, rape, assault with intent to commit rape, highway robbery, train wrecking, arson or other crime, shall have escaped indictment or shall have been acquitted upon trial upon the ground of insanity, or shall be found by the court to be without sufficient mental capacity to undertake his defense or to receive sentence after conviction, the court before which such proceedings are had shall, in its discretion, commit such person to the department for the criminal insane at Raleigh N. C., to be kept in custody in the insane wards of the penitentiary for treatment and care as herein provided. Such persons shall be kept in the place to which committed, unless transferred under previous provisions of this chapter, until restored to his or her right mind, in which event it shall be the duty of the authorities having the care of such persons to notify the sheriff of the county from whom they came, who shall take order that they appear before the judge of the superior court for the district, to be dealt with according to law. The expense incident to such commitment and removal shall be paid by the county authorties from which such insane patient was sent.

Sec. 11. No person committed to the insane wards of the state prison shall be clothed in convict garb, or made amenable to convict rules and regulations, nor shall the attendants for such persons be taken from the corps of convicts. All convicts becoming insane after commitment to the penitentiary, and that fact being certified as now required by law in the case of other insane persons, shall be admitted to the insane wards herein provided for upon terms of exact equality with other patients of the same character. In the case of the expiration of the sentence of any convict insane person, while such person is confined to the insane wards of the penitentiary, such persons shall be kept till restored to his or her right mind, or such time as he or she may be considered harmless and incurable.

Sec. 12. Nothing contained in this chapter and no order of the board of directors of the penitentiary or medical superintendent, as herein provided, shall debar any insane person committed to their custody from enjoying, at his or her own expense, such luxuries as may be found compatible with the good government of the wards and the health of such patients. Confinement in the wards, herein provided for, shall in no case be deemed or taken to be a punishment or penalty for any act, or which any patient may have been guilty or charged with guilt.

Sec. 13. That for the purpose of maintenance of said criminal insane so transferred or sent to the "department of the criminal insane," as herein provided, the sum of three thousand ($3,000.00) dollars, annually, for the years one thousand eight hundred and ninety-seven (1897), and one thousand eight hundred and ninety-eight (1898), is hereby appropriated to the superintendent of the state penitentiary, out of any moneys not otherwise appropriated, to be used for said purpose and to be paid by the state treasurer upon the warrant of the state auditor, as the sum may be needed and required, upon the certificate of the superintendent of the state penitentiary.

Sec. 14. That any fire department organized and in operation at either the insane hospital at Morganton or Goldsboro, or the North Carolina Insane Asylum at Raleigh, or which may hereafter be organized at either of said institutions, shall be entitled to have their pro rata share in the fund known as the fireman's relief fund, as provided by law, and share in the sum, under the provisions of law establishing the said fund, to the same extent and in the same manner as other firemen now or may do, as provided by law.

Sec. 15. That all laws or parts of laws in conflict with the provisions of this Act be and the same are hereby repealed.

Sec. 16. That hereafter the auditor shall not audit nor the state treasurer pay any director or trustee or visitor to any asylum more than his or their actual expenses, including railroad fares and board for such visits, meetings or investigations, from and after the ratification of this Act.

Sec. 17. That this Act shall be in force from and after its ratification.

Ratified the 9th day of March, A.D. 1897.

Daniel L. Russell, Jr., Governor
Charles A. Reynolds, Lt. Governor and President of the Senate
A.F. Hileman, Speaker of the House of Representatives

State of North Carolina,
Office of Secretary of State,
Raleigh, April 28th, 1897.

I, Cyrus Thompson, Secretary of State, hereby certify that
the foregoing (manuscript) are true copies of the original acts
and resolutions on file in this office.

Cyrus Thompson,
Secretary of State.



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