In re Cornell

• Decision Date: 05 February 1941
• Parties: IN RE HELEN B. CORNELL
• Court: Vermont Supreme Court

18 A.2d 151

111 Vt. 454

IN RE HELEN B. CORNELL

Supreme Court of Vermont

February 5, 1941

January Term, 1941.

Insane Commitment, Physicians' Certificate.---1. Right of Appeal.---2. Intent Controls in Construction of Statutes.---3. Every Part of Statute Considered.---4. P. L 4038.---5. Interpretation of P. L. Secs. 4036, 4039 and 4042.---6. Valid Construction Chosen if Possible.---7. Statute Construed to Avoid Unconstitutionality.---8. Time of Appeal.---9. Recovery from Insanity, P. L. 4017, 4027 and 4030.---10. P. L. 4036 and 4037.---11. Jury Determines Present Sanity by P. L 4039.---12. Appeal Four Years after Examination May Not Determine Insanity at Time of Examination.---13. Purpose of P. L. 4038.---14. P. L. 4017, 4027, 4030 and 4043.---15. Appeal under P. L. 4038 Can Not be Taken After Four Years.

1. The right of appeal from a physicians' certificate of insanity is governed by Chapter 165 of the Public Laws, Secs 4034, 4036--4039, 4042.

2. The fundamental rule in statutory construction is that the intention of the Legislature is to be ascertained and given effect.

3. In construing a statute, every part must be considered and, if possible, effect given to every word, clause and sentence.

4. P L. 4038 which provides that a person found by two physicians to be insane, or any friend or relative, may appeal from the decision of the physicians does not specify when the appeal shall be taken so the intention of the Legislature must be sought from an examination of other sections of Chapter 165 of the Public Laws.

5. A literal interpretation of P. L. Secs. 4036, 4039 and 4042 would imply that the appeal from physicians' certificate of insanity must be taken before the insane person is committed upon the certificate.

6. Where a statute is susceptible of two constructions, one of which supports it and gives it effect, and the other renders it unconstitutional and void, the former is to be adopted, even though the latter may be the more natural interpretation of the language used, for an act is never to be construed as unconstitutional if a reasonable construction can be placed upon it which will render it valid.

7. A statute must be construed, if fairly possible, so as to avoid not only the conclusion that it is unconstitutional but also grave doubts upon that score.

8. If P. L. 4038 is susceptible to the construction that such appeal is available after commitment, such construction must be adopted.

9. That an insane person may and often does become sane is well known and recognized by P. L. 4017, 4027 and 4030.

10. P. L. 4036 and 4037 require a physicians' certificate of insanity to be made not more than twenty days prior to admission upon an examination made not more than five days prior thereto so that so far as practicable a person should be admitted in the same condition as when examined.

11. Pursuant to P. L. 4039, the jury shall find whether a person taking an appeal from the certificate of two physicians is insane at the time its verdict is rendered.

12. An appeal taken more than four years after examination by physicians who then certified insanity might not determine insanity at the time of the examination.

13. The purpose of the appeal by P. L. 4038 is to determine the correctness of the decision of the physicians and not to determine if the person has later become sane and should be discharged.

14. P. L. 4017, 4027, 4030 and 4043 authorize the state board of supervisors of the insane to discharge a patient who has become sane since his commitment as an insane person.

15. An appeal can not be taken under P. L. 4038 more than four years after examination, certification of insanity and commitment thereon.

APPEAL from Probate Court, District of Marlboro, Wm. R. Daley, Acting Judge. Minnie M. Beard, as next friend of Helen B. Cornell, filed petition in the probate court pursuant to P. L. 4038 for an appeal from the decision of two physicians certifying to Mrs. Cornell's insanity, and prayed for trial by jury. Motion to dismiss on various grounds was made by the state's attorney. Frank E. Barber was appointed guardian ad litem for Mrs. Cornell. The petitioner appealed from the dismissal of the petition. The opinion states the case. Decree affirmed. To be certified to the Probate Court.

Decree affirmed. To be certified to the probate court.

Gibson & Gibson and A. Luke J. Crispe for petitioner.

Barber & Barber for Frank E. Barber, guardian ad litem.

Osmer C. Fitts for Brattleboro Retreat.

Present: MOULTON, C. J., SHERBURNE, BUTTLES, STURTEVANT and JEFFORDS, JJ.

OPINION

SHERBURNE

On April 23, 1936, Helen B. Cornell was admitted to, and detained in, the Brattleboro Retreat upon a certificate that she was insane and dangerous made by two physicians. On November 21, 1940, while she was still detained, Minnie M. Beard, as her next friend, filed a petition in the probate court for an appeal from the decision of the physicians certifying to her insanity, and therein prayed for a trial by jury under the provisions of P. L. 4038. This petition, among other things, shows that said Cornell was already at the Retreat when she was examined by the physicians, and was confined under their certificate immediately after it was signed, that no notice of such examination was given to her or to the petitioner, that the petitioner did not learn of such certificate until September 15, 1940, and that the said Cornell is not insane and dangerous. The petition was opposed by the state's attorney, who filed a motion to dismiss upon the grounds that the probate court was without jurisdiction because of laches on the part of said Cornell and the petitioner, and that the appeal was not taken within a reasonable time or within twenty-one days from the date of commitment. From the dismissal of her petition for an appeal the petitioner has appealed. The question for determination is whether the appeal to the probate court was seasonably taken.

As the right to an appeal is governed by statute, we will at the outset call attention to the applicable provisions of chapter 165 of the Public Laws.

Sec. 4034 provides that a person, except as otherwise provided, shall not be admitted to or detained in a hospital for the insane as a patient or inmate except upon the certificate of two physicians.

Sec. 4036 provides:

"Such certificate shall be made and sworn to not more than twenty days before the admission of the insane person to the hospital for the insane, unless a longer time is required to dispose of an appeal taken from the decision of the physicians as provided by law, and shall be in the hands of the proper officer of such hospital at the time such insane person is received therein."

Sec. 4037 provides:

"Such certificate of the physicians shall be given only after a careful examination of the supposed insane person made not more than five days previous to making the certificate; * * *"

Sec. 4038 provides:

"A person whose insanity is so certified or any next friend or relative of such person may appeal from the decision of the physicians so certifying to such person's insanity, to the probate court * * *. Such appeal shall be noted on the certificate and shall be made by petition to such court setting forth the certificate and praying for hearing by such court on appeal. * * * The court shall cause a jury of twelve citizens of the county to be summoned * * *."

Sec. 4039 provides:

"Such jury, under the supervision of the court, shall hear the evidence and counsel, and by verdict find whether the person is insane. If the jury finds the person insane, the court shall certify the verdict and thereupon such person may be committed and detained in a hospital for the insane as the law provides. * * * If the jury finds that such person is not insane, the court shall vacate the certificate of the physicians."

Sec. 4042 provides:

"When an appeal is taken from the decision of such physicians * * *, such alleged insane person shall not be received in a hospital for the insane while the appeal is pending before the probate court. * * *"

Sec. 4017 provides that the state board of supervisors of the insane shall hear the grievances of patients in hospitals for the insane apart from the officers and keepers, and shall ascertain whether persons are confined who ought to be discharged.

Sec. 4027 provides that this board may discharge any person confined as a patient whom it finds on investigation to be wrongfully confined, or so far sane as to warrant his discharge.

Sec. 4030 provides that the friends or relatives of a patient may apply to this board for an inquiry into the confinement of such patient, and that the board shall take such action as is required.

Sec. 4043 provides that this board shall discharge patients who are not dangerous.

The fundamental rule in statutory construction is that the intention of the Legislature is to be ascertained and given effect. In re Woolley's Estate, 96 Vt. 60, 64, 117 A. 370; Clifford v. West Hartford Creamery Co., 103 Vt. 229, 252, 153 A. 205; Sorrell v. White, 103 Vt. 277, 280, 153 A. 359; Town of Brandon v. Harvey, 105 Vt. 435, 439, 168 A. 708. Every part of the statute must be considered and, if possible, effect given to every word, clause and sentence. Cole v. Walsh, 97 Vt. 256, 260, 122 A. 664; Grout v. Gates, 97 Vt. 434, 448, 124 A. 76; Town of Brandon v. Harvey, supra.

Sec 4038 does not specify when the appeal shall be taken, and consequently we must endeavor to arrive at the intention of the Legislature from an examination of all the sections to which we have called attention. Sec. 4036, by providing that the physicians' certificate must be made not more...