Letter from Samuel A. Silk to Dr. William A. White, September 23-25, 1933

Letter from Samuel A. Silk to Dr. William A. White, September 23-25, 1933

Description of legal efforts to delay transferal of patients from Canton Asylum to St. Elizabeth's Hospital.

A letter from Samuel A. Silk to Dr. William A. White, Superintendent of St. Elizabeths Hospital describing the efforts by G. J. Moen and others to delay by court order the transfer of patients from Canton and the closure of the Asylum.

Samuel A Silk; Silk, Samuel A

State Archives of the South Dakota State Historical Society

Copy from The National Archives, Record Group No. 418, Records relating to the Department of the Interior, 1902-43, Record Group 418, Records of Saint Elizabeths Hospital

9-23-1933; 9-24-33; 9-25-33

government records, public domain

UNITED STATES
DEPARTMENT OF THE INTERIOR
OFFICE OF INDIAN AFFAIRS
FIELD SERVICE
Saturday P.M.
Sept. 23/33
My Dear Doctor White:
Just wired you about the injunctions restraining moving patients from Canton. This was issued upon petition of G.F. Moen of Canton - he is the head of the local Chamber of Commerce & was in Washington on behalf of the Canton Asylum. He petitioned court as guardian ad litem of Albert Blaine ( a defective boy who has been in Canton since 1928 and who has no friends nor relatives) on behalf of inmates and patients of the Canton Asylum. In his petitions he makes many allegations with the result that Judge James D. Elliott United States District Judge at Sioux Falls, SD. Issued an order restraining Commissioners Collier, Hummer Supt. Of Canton Asylum and S. H. Silk representing the Commissioner from moving the patients or closing the institution pending a court hearing set for October 23rd – giving us 20 days to show cause why this order should not be made permanent. This is of course all the work of D. Hummer – he was in Sioux Falls all day yesterday & only this morning I heard him give the name of the patient Albert Blaine to someone over the phone. He wired the Commissioner for instructions, as I see it the best way for me is to return promptly to Washington as it may take a long time before all the obstacles which Hummers friends, intend to impose may be removed. I of course expect the special train & hospital personel to be here Monday morning. While Dr Hummer has on the surface been cooperative it has been quite unpleasant for me to stay all this time and I would like to return to Washington. I have all the desired information with me and my presence here is not essential.
Sincerely yours,
J. A Silk
9/24/33
Canton S.D.
Sunday P.M.
Dear Doctor White:
You may be interested in the following additional information concerning the injunction served upon me.
The petition for a temporary injunction was presented to Court Friday (this I know now but did know on Friday) and there was some sort of a hearing but the judge did not sign the order until late Saturday morning & the injunction was served upon me about 230 p.m. Saturday- a legal trick Dr Hummer was in Sioux Falls all day Friday and of course knew all about it in fact last Monday he sent the wife of one of the patients here to Mr Moen’s office and she secured the signature of Albert Blaine’s – mother both women residing in the Yanktown Agency. The government was not represented in the preliminary hearing for the injunction and I knew nothing about it, though Court has restrained me from doing anything.
The following appears in Mr Maln’s petition
“That the complainant G.J. Moen as guardians ad litem as aforesaid, has been appointed such for the purpose of this suit by the Honorable James D. Elliot, Judge of said Court, by an order heretofore made herein.”
No friend or relative of patient Albert Blaine visited the Canton Hospital nor did anyone make any objections to his transfer from here. In fact very few relatives visit the patients here.
Among the 15 other allegations in Mr Moen’s petition the following points are stressed :
That the asylum was established by Congress, that it is maintained by a specific appropriation, which is to last until June 30 – 1934, that the Commissioner is diverting such friends for transportation of Albert Blaine and others to St. Elizabeths; that St. Elizabeths has no right to receive such patients; that Albert Blaine and others are in helpless conditions and would be deprived of visits from friends or relatives the latter being poor and unable to meet the expense of a journey to Washington; that Albert Blaine & others are being moved against their wishes as well as against wishes of their relatives; that the Commissioner has no power or authority either by law or otherwise to arbitrarily without Congressional investigation ad without act of Congress, close such institution, that no present emergency exists whereby the said institution should be abolished, etc. etc. Aside from fighting the matter in the Courts the Commissioner could accomplish the transfer in the following manner:
The moves could be ordered for duty to some other station of the Indian Service and another physician like Dr Waring - who is one of the directors of the Indian service and resides in Minneapolis could take Dr Hummers place. Practically all patients are at Canton upon an order of the Commissioner & in only about 10 cases have there been some hearings before County Judges. The Commissioner could order the Superintendents of the respective agencies from whence the patients were received to take them back. This can easily be done for the following reasons: about 25 patients are without any psychosis and able to take care of themselves. About 50- are defective without psychosis, or mildly psychotic-- but so well behaved that they could be cared for either by relatives--and in many instances such relatives have repeatedly asked for their discharge, or they could be cared for without the slightest difference in the various Agency hospitals– the balance of about 15 patients (4 have been discharged since I have been here) could be cared for in the two wards of the first floor of the Main Building & one nurse with 3 attendants could give them the same care they are now receiving & a local physician could visit the place for an hour a day. Even the 15 remaining ones would not be especially troublesome patients. After the bulk of patients are returned to the respective Agencies they could be then be admitted to St Elizabeths should they fail to get along on the reservation; a number of them I am sure could remain on the reservations. This plan could probably be worked out better if I was in Washington. I have all the necessary information about the patients with me.
Just received a phone call from Sioux falls – 25 miles from Canton to be at the U.S. Attorney’s office tomorrow morning Monday the 25th at 8 30 a.m. will not be here to meet the hospital people provided of course they are coming, but have arranged for their reception. I am quite fed up with Canton, Dr Hummer, the Indians, and everything else that goes with it, but am of course quite ready to stick out a little longer, though I lack warm clothing, an short of shirts and other supplies, not having planned to stay here longer than a week or ten days. I feel however that I am no longer needed here as I have all the necessary information and I rather fear that Dr Hummer & his friends are not going to give up this battle so easily. I hope to mail this in Sioux Falls and via air mail this may reach you Tuesday.
Sincerely yours,
Samuel A. Silk
P.S. Sioux Falls-1230 P.M. Monday
Have spent all morning in Sioux Falls with U.S. District attorney & his assistant – the Judge was requested to advance the hearing within next two days but he was _____to hear before 10 days from now- provided opposing counsel does not object, so it does not look promising at all that are early decision will be obtained. The U.S. Attorney just wired this information to the Attorney General in Washington.
Silk