different towns as follows: Kankakee, Dwight, Pontiac, Gilman, Paxton, Bloomington, Clinton, Champaign, Danville, Paris, Tuscola, Decatur, Pana, Mattoon, Charleston and Effingham. Nine of these points. were visited by the commissioners, and the site selected by them was the "Cowgill farm," at Kankakee, adjoining the city limits, south of the city and east of the Illinois Central road. It lies on the river, and contains two hundred and fifty-one and seventy-two hundredths acres. The price paid was fourteen thousand dollars, equivalent to about fifty-six dollars per acre.

This selection was made on the second day of August, 1877. Within the following ten days, as required by law, the governor commissioned three trustees for the hospital, namely: John H. Clough, of Chicago; William Reddick, of Ottawa, La Salle county, and William F. Murphy, of Newman, Douglas county. These gentlemen selected Major James R. Willett, of Chicago, as their architect and superintendent of construction. Plans were prepared by him, with the aid and criticism of the superintendents of the state hospitals for the insane, and of the secretary of the state board of public charities; which were approved by the trustees in January, 1878, and also approved, as required by law, by the commissioners of public charities and the governor. Advertisements for bids were inserted in the newspapers, and on the nineteenth of March, 1878, at the city hall, in Kankakee, the bids were opened. There were sixty-one bids, of which twelve were for the whole work, ranging from $169,874 21 to $223,305 59. The lowest bid was that presented by the Illinois state penitentiary, at Joliet, and the contract was therefore awarded to the penitentiary, in accordance with the proviso contained in section seven of the act creating the hospital, which is in the following words:

Provided, also, that the commissioners of the penitentiary, at Joliet, may bid and become contractors in behalf of the state on any and all contracts in which they deem it to be for the interest of the penitentiary and the state, and which they have the means to execute; and it shall be the duty of said commissioners to faithfully perform such contracts as they may make, but the said commissioners shall not be required to give the bond required of other bidders and contractors.

It is not our province to criticise legislation, but to "inquire whether the laws in relation to the institutions are fully complied with." The act creating this board however requires us to report the result of our investigations, "together with such other information and recommendations as they (the commissioners of public charities) may deem proper." It seems to us not improper to submit, with respect, some remarks as to the proviso just quoted. In the first place, the contract for the erection of a state building is a contract with the state; the commissioners of the penitentiary are an integral part of the state; they are, by the very terms of this proviso, empowered to "bid and become contractors in behalf of the state;" we have here, therefore, the anomaly of the state contracting with itself, or a portion of the state contracting with the entire state-a transaction in which the essential elements of a contract are wanting. In the second place, an arrangement like this lays the ground for a conflict of jurisdiction between two independent and equal boards-the penitentiary board and the hospital board. Such conflict may arise on the question of the awarding of the contract, or of the execution of the contract, or of the completion of the contract and the final settlement; and in case of irreconcilable differences of opinion the matter would have to go to 5-vol. 1.

the courts for determination of their respective rights, powers and duties. Again: as a matter of fact, the only method by which the commissioners of the penitentiary can execute their contract is by sub-letting it to some other bidder, reserving the cut stone work to themselves; and this is what was done in the present instance. The penitentiary sub-let the entire contract, except the cut stone work, for $147,872. We are not considering the rights of other bidders, and confine ourselves to the observation that while the law creating the eastern hospital for the insane makes the trustees of the hospital responsible for the execution of the contract, including the choice of contractors, yet by the intervention of another board, not specially interested in the hospital nor responsible for it, the choice of contractors is taken away from the board to which it properly belongs, and given to that other. In case of any dispute between the sub-contractor and the hospital board, it would be only natural for the sub contractor to look to his principal, the penitentiary board, for protection and support. And the provision, usual in all such contracts, that the contractor "will not assign, by power of attorney or otherwise, nor sublet any portion of the said work, unless by and with the consent of the board of trustees, to be signified by endorsement upon this agreement," is necessarily erased from the printed form signed by both parties, by each "in behalf of the state." Thus the first act of the hospital board was to surrender a portion of its legal control, out of deference to the other board.

It is true that neither of the two boards is responsible for this relation. It is also true that no harm has followed nor is likely to follow in the present instance, because both parties have acted with great prudence and in good faith. But the principle of the law seems to us incorrect. If it was intended that the penitentiary board should build the hospital, then there was no necessity for appointing trustees to build it. If it was not intended that the penitentiary board should control the building, but that it should do the cut stone work, the right to execute the cut stone work might have been reserved to the state and that work excepted from the contract and the proposals. The law not only creates an improper relation between the boards, but as will be readily seen, affords occasion to unsuccessful bidders to complain of the character of the competition, and might, even without any wrong being done, give rise to public scandal and the accusation of a corrupt understanding.

The portions of the hospital building contracted for were: the centre building, one section of one wing, the kitchen building, boiler and engine house, laundry building, gas and water works, sewer, and car passages. The section of one wing will accommodate seventy-five patients. It may appear that this is a small result for the expenditure of two hundred thousand dollars; but the trustees thought it better to provide all the working portion of the institution first, and place it in a position to be of immediate service, even for a limited namber, rather than to spend the appropriation upon the ward buildings. and have them stand unoccupied for two or three years, awaiting the completion of the working portion. In this we agree with them and believe that they showed good judgment. The portions named are enclosed and roofed, but the carpenter work is suspended until spring,

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to allow the walls to dry thoroughly. The work done is substantial and will commend itself to the approval of the legislature, when in-. spected.

In the report of the committee to inquire into the need for further hospital accommodation for the insane of this state, to which reference has already been made, they said:

We have left the question of the mode of construction open to examination and decision by the board of trustees, in the hope that they may be able to ascertain and demonstrate the feasibility of a reform in this particular, by the adoption of the village plan of construction, with detached buildings, erected at less expense and affording a greater measure of comfort to the inmates than is secured by the existing plan of construction in this country, or at least to prevent the erection of buildings of such elaborate construction, with splendidly furnished centre buildings, as have been so largely adopted in the American system of hospitals for the insane.

we understand, given a good deal of conThe trustees have, as sideration to this subject, and are willing to make some experiments in the direction indicated, without as yet committing themselves to any untried mode of construction and organization. But they desire some positive expression from the general assembly as to its wishes in this matter. The plan, so far as it has been adopted, is such, that in carrying it forward to completion, the state can build either detached wards or connected wards, as may hereafter be thought best. We favor the detached wards, if they are found to be practicable, as we believe that they will be; and would advise that authority be given the trustees to erect a certain number of detached wards the first year, and more afterward, if those first erected give satisfaction. The architect estimates the cost of single detached "cottages," to accommodate about twenty patients, at six thousand, three hundred dollars each, or about three hundred dollars per patient; while a fire-proof ward, like that already built, costs about nine hundred dollars per patient. The difference in original cost is so great, that we think the question demands serious examination. In the estimate submitted by the trustees, on which their application for a further appropriation is based, a portion of the provision yet to be made is estimated on the basis of cottages for three hundred patients, to cost a hundred thousand dollars.

We think that the trustees have done well in submitting to the legislature their estimate of the total cost of the hospital, with all outbuildings, improvements, furniture, etc. How much of this total cost can be appropriated at the present time we have no means of knowing, and have no recommendation to make on the subject, other than that it appears to us advisable to push the work as rapidly as possible, to the details of and to give the trustees considerable discretion as the expenditures to be made by them. The great demand which comes up from all parts of Illinois (except the counties in the southern district, which are at present well provided in this respect) is for more room for chronic cases of insanity. It is this demand which will in part be met by the completion of the hospital at Kankakee, and if by cheaper construction the trustees can provide for a larger number, and that satisfactorily, we think that they ought to be not only permitted but encouraged to do so.

The question is often asked, whether there is not an alarming increase of insanity in the community. We think not. Undoubtedly there is a great increase in the number of insane, not only absolutely

but relatively to the entire population. But this increase is natural, easily explained, and therefore not alarming. When families emigrate from an older to a newer state or country, they usually leave the defective members of the family, the blind, the crippled, and the demented, behind; or if a separation is impossible, they do not emigrate. There is always a smaller proportion of the classes known as "unfortunate" on the frontier than elsewhere, because it is only the hardy who can brave the hardships incident to frontier life. After the country is opened and the population begins to assume a condition of permanence, insanity and all other forms of misfortune make their appearance. A certain proportion of the inhabitants become insane each year, of whom a part recover and a part do not. If those who do not recover should die within the year, the number of insane would not increase. But they do not die. They accumulate and have to be taken care of. An increase in the number of the insane is to be expected, until the ratio of deaths of insane persons to the entire population is equal to the ratio of new cases not restored to reason. None of the states in the great Mississippi valley have as yet reached that point. We have, however, seen no evidence that there is any increase in the number of new cases each year, relatively to the total population. Possibly the greater attention paid of late to the study of nervous diseases has modified the conception of insanity, and some are now included among insane persons who would not have been so regarded a quarter of a century ago.

So long, however, as the process of accumulation continues, we shall find it extremely difficult to keep pace with the absolute increase in the number of the insane. They will fill our asylums faster than we can build them. How they accumulate, in some almshouses in this state! How many counties have built or are building insane departments on their county farms! We view these departments with a sort of horror. Much has been said about the abuses which occur in state hospitals and asylums. If one is looking for abuses let him visit the poor farms of this or any other state. Outrages occur there which never reach the public ear, and which are in a well regulated state institution impossible. If an insane man is chained, or locked for years in a solitary cell; if he lives habitually in a state of nudity; if he goes for months or years without washing; if he is whipped with a horse-whip; if he freezes his feet or burns his hands in a fit; if he suffers for water to drink; if he passes all his years without occupation, without recreation, without society; if he becomes the illegitimate father of imbecile children-it is in a county almshouse, where medical oversight, trained nursing, and the appliances of a hospital both for cure and for alleviation of the disease, are all wanting. Not all almshouses are open to the reproach of wilful cruelty or neglect; but no almshouse is a suitable place for an insane man or woman, and the state which allows its insane to remain in almshouses is not alive to its responsibility or is uninstructed as to its duty.

COMMITMENTS TO INSANE HOSPITALS.

On the fifth of March, 1867, the law regulating the mode of commitment of insane persons to hospitals for the insane in this state, was modified by the passage of an act entitled, "An act for the pro

tection of personal liberty." It is not necessary to advert to the history of the causes which led to the adoption of the act: we propose to discuss it solely upon its merits.

The text of the statute, or of the first two sections, which are alone material, is as follows:

SECTION 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly, That no superintendent, medical director, agent, or other person having the management, supervision or control of the insane hospital at Jacksonville, or of any hospital or asylum for insane and distracted persons in this state, shall receive, detain or keep in custody at such asylum or hospital, any person who has not been declared insane or distracted by a verdict of a jury and the order of a court, as provided by an act of the general assembly of this state, approved February 16, 1865.

2. Any person having charge of or the management or control of any hospital for the insane, or any asylum for the insane, in this state, who shall receive, keep or detain any person in such asylum or hospital, against the wishes of such person, without the record or proper certificate of the trial required by the said act of 1865, shall be deemed guilty of a high misdemeanor, and shall be liable to indictment, and, on conviction, be tined not more than one thousand dollars, nor less than five hundred dollars, or imprisoned not exceeding one year nor less than three months; or both, in the discretion of the court before which such conviction is had: Provided, that one-half of such fine shall be paid to the informant and the balance shall go to the benefit of the hospital or asylum in which such person was detained.

This law was retained, in substance, in the revised statutes of 1874, (page 684), but somewhat changed in form. The second section now reads:

$ 23. If any superintendent, or other officer or person connected with either of the state hospitals for the insane, or with any hospital or asylum for insane or distracted persons, in this state, whether public or private, shall receive or detain any person who has not been declared insane by the verdict of a jury, and whose confinement is not authorized by the order of a court of competent jurisdiction, he shall be confined in the county jail not exceeding one year, or fined not exceeding $500, or both, and be liable civilly to the person injured for all damages which he may have sustained; if he be connected with either of the insane hospitals of this state, he shall be discharged from service therein.

The law, as modified, makes it a crime not simply to receive or detain an insane person "against the wishes of such person," but to receive him at all, without a jury-trial; it no longer offers the informer a bribe for giving information; and it modifies the penalty by omitting to prescribe a minimum fine and term of imprisonment, while at the same time it directs the discharge of a superintendent of any state hospital for the insane who shall violate the terms of the act. It also recognizes the right of a person improperly detained to recover civil damages for any injury which he may have sustained. These changes do not go to the substance of the act, which is the obligation to try the question of sanity or insanity in open court, before a jury, in all cases whatever, before committing the person alleged to be insane to a hospital or asylum.

This law has now been in operation in this state for twelve years. Time enough has elapsed for the formation of a correct opinion as to its necessity and its practical effect. It has been obeyed by the state institutions. The county receptacles for the insane, connected with our county almshouses, have, we believe, never paid any regard to it, unless in Cook county. The proprietors of private asylums have been governed by it only in part. Indeed as to citizens of other states in private asylums in this state, of whom there are and have been a good many, the law is not so specific in its language as to make it clear that it was intended to apply to them. But so far as we are aware, no attempt has ever been made to enforce the law, at least no one has ever been prosecuted for its violation, And yet there åre

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