Shields v. Johnson County

• Decision Date: 20 April 1898
• Citation: 144 Mo. 76,47 S.W. 107
• Parties: SHIELDS, Treasurer, v. JOHNSON COUNTY.
• Court: Missouri Supreme Court

47 S.W. 107

144 Mo. 76

SHIELDS, Treasurer, v. JOHNSON COUNTY.

Supreme Court of Missouri, Division No. 2.

April 20, 1898.

INSANE PERSONS — CONVICTS — LIABILITY OF COUNTY FOR SUPPORT — STATUTES — RETROSPECTIVENESS.

1. 1 Rev. St. 1889, § 4247, which empowers the governor to order a convict, who has become insane before execution or the expiration of his sentence, conveyed to the asylum, and there kept until restored to reason, and provides that the expenses shall be paid as provided in cases of the insane poor, does not require, as a condition to the liability of a county for the keeping of an indigent insane convict, that the county court of the county in which he was convicted shall first find as to his residence, lunacy, and insolvency, and enter an order making him a county patient.

2. 1 Rev. St. 1889, § 4247, making counties liable for the keeping of indigent insane convicts in the asylum, does not apply to convicts sentenced before its passage.

Appeal from circuit court, Johnson county; W. W. Wood, Judge.

Action by R. S. Shields, as treasurer of State Lunatic Asylum No. 1, at Fulton against Johnson county. From a judgment for defendant, plaintiff appealed. The judgment was reversed.¹ Afterwards a motion for rehearing was made. Affirmed.

N. D. Thurmond and O. L. Houts, for appellant. J. W. Suddath and N. M. Bradley, for respondent.

On Motion for Rehearing.

BURGESS, J.

At the April term, 1897. we reversed the judgment of the court below in this case, and remanded the cause for further trial. Since then the defendant has presented a motion for rehearing, and, upon further consideration, we are of the opinion that, upon one question raised in the motion to be hereafter passed upon, we committed error.

It is insisted in the motion that it was a condition precedent to the right of plaintiff's recovery that the county court of Johnson county must first find that Canute Farland was a citizen of that county, and that he was insane and insolvent, and then make an order of record making him a county patient. That he was a citizen of the county at the time of his being sentenced to the penitentiary, has since become insane, and is insolvent, are conditions precedent to the liability of the county for his board and clothing at the asylum, may be conceded, but all of these facts are alleged in the petition, and, being material averments, stand admitted by the demurrer. But that the county court of the county must first find these facts to be true, and then make an order making Farland a county patient, before her liability for his keeping attaches, if liable at all, we are unable to give our assent to. By section 4247, 1 Rev. St. 1889, it is provided "that if any person, after having been convicted of any crime or misdemeanor, become insane before the execution or expiration of the sentence of the court, it shall be the duty of the governor of the state to inquire into the facts, * * * and may by his warrant to the sheriff of the proper county, or the warden of the penitentiary, order such lunatic to be conveyed to the insane asylum, and there kept until restored to reason." By this statute express power and authority are conferred upon the executive of the state to inquire into the facts, in such manner as he may think best, with respect to the insanity of convicts who become insane after their conviction, and before the expiration of their sentences, and by his warrant directed to the warden of the penitentiary, to order such lunatic to be conveyed to...