Legal Opinion

Smith v. Board of Examiners of Feeble-Minded

Supreme Court of New Jersey

Decided November 18, 1913PublishedCited by 13 opinions

On certiorari. Tlie order brought up by this writ of certiorari is as follows: “The Board of Examiners of Peeble-Minded (including idiots, imbeciles and morons), Epileptics, Criminals and other Defectives, together with David E. Weeks, the chief physician of the New Jersey state village for epileptics, having on the 31st day of May, 1912, regularly convened at the administration building at the New Jersey state village for epileptics (according to the provisions of chapter…

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On certiorari. Tlie order brought up by this writ of certiorari is as follows: “The Board of Examiners of Peeble-Minded (including idiots, imbeciles and morons), Epileptics, Criminals and other Defectives, together with David E. Weeks, the chief physician of the New Jersey state village for epileptics, having on the 31st day of May, 1912, regularly convened at the administration building at the New Jersey state village for epileptics (according to the provisions of chapter 190, page 353, of the laws of 1911, statutes of the State of New Jersey), and at that time, in the presence of Azariah M.…

1Opinion of the Court

The opinion of the court was delivered by

Garrison, J.

The question propounded is whether or not the statute under which the order now before us was made is a valid exercise of tlie police power. The statute, it will be observed, applies also to criminals in which aspect it does not now concern us since the prosecutrix is an epileptic, an unfortunate person but not a criminal.

The order is made by the board of examiners provided by the act of April 21st, 1911. Pamph. L., p. 353. Briefly stated, the order after reciting that Alice Smith is an *50epileptic inmate of a state charitable institution,…

2Cases cited1 opinion

  1. Gulf, Colorado & Santa Fé Railway Co. v. EllisSupreme Court of the United States · 1897

3Cited by13 opinions

  1. In Re: Joseph Lee MooreSupreme Court of North Carolina · 1976
  2. Smith v. Wayne Probate JudgeMichigan Supreme Court · 1925
  3. Buck v. BellSupreme Court of Virginia · 1925
  4. Davis v. BerryDistrict Court, S.D. Iowa · 1914
  5. Mickle v. HenrichsDistrict Court, D. Nevada · 1918

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