Harvey v. Rodger

Dissenting Opinion.

Dausman, P. J.

This appeal involves matters of such unusual concern, not only to the unfortunate person directly affected, but also to the public, that I am warranted in stating at some length the reasons why I dissent.

The statute under which this proceeding was instituted is in some respects an extraordinary piece of legislation; and, because of its extraordinary character, it is essential that its scope and purpose be given some consideration.

For centuries, in civilized countries, it has been regarded as a duty of the state to care for two classes of incompetents, viz.,…