Examples of legislation designed to be of material aid to the deaf are rather more common, the chief of which, as we have noted, is the exemption from the payment of some personal or property tax.[79] Thus in Missouri we find a statute of 1843[80] allowing a deaf man to be exempt from the poll tax and the tax on property up to $300. Indiana in 1848[81] exempted its deaf and blind citizens from a poll tax and a property tax up to $500. Mississippi[82] exempted these classes from the road duty in 1878, and two years later from the poll tax as well, this exemption being incorporated in the state constitution, as we have seen. Tennessee[83] in 1895 also exempted from the poll tax the deaf, the blind and those incapable of labor. In Pennsylvania legislation seems to have gone the furthest in its desire to be of material help to the deaf, for here we find the deaf with the blind exempted from the penalties which usually apply to tramps.[84] Such are instances of this form of legislation, but similar legislation has been enacted in other states.
Very rare are instances where the state makes special provision for the care of, or extends special poor relief to, any of its deaf population. The chief example seems to be the action of some of the New England states with their so-called "missions for the deaf." These are associations, composed in great part of the deaf and engaged in various forms of mission work, and to them state funds are granted to aid the aged, infirm and helpless deaf. By this plan Maine is said to have been without a deaf-mute pauper in ten years. The amounts allowed, however, for this purpose are not large, being $200 a year in Maine and $150 in New Hampshire.[85] In Ohio the counties are allowed to contract with private homes for the maintenance of the aged and infirm deaf—there being but one such in the state, that supported by the deaf themselves—and the state board of charities is given power to remove deaf persons thereto from the county infirmaries.[86]
Instances are likewise rare where the state makes a distinct appropriation of money for the benefit of the deaf other than for schools. We have one instance in New York where the state for a certain number of years allowed a small sum to the publishers of a paper for the benefit of poor deaf-mutes.[87]
As a last species of legislation in aid of the deaf, we have a single enactment of quite different character from that which we have hitherto found, and of later appearance. This is the law enacted in Minnesota in 1913,[88] which provides for a division for the deaf in the state bureau of labor. Its duties are to
Collect statistics of the deaf, ascertain what trades or occupations are most suitable for them and best adapted to promote their interests, ... use [its] best efforts to aid them in securing such employment as they may be best fitted to engage in, keep a census and obtain facts, information and statistics as to their condition in life with a view to the betterment of their lot, and endeavor to obtain statistics and information of the conditions of labor and employment and education in other states with a view to promoting the general welfare of the deaf in this state.
Such legislation may prove highly beneficial to the deaf, not only in rendering very desirable aid to them, but also in offering means of learning very important facts as to their condition.
Tenor of Court Decisions Affecting the Deaf
The opinions of the courts of law in regard to the deaf have, as we have noted, rather revolved upon the mental capacity of the deaf in certain proceedings, and upon their competence in certain legal relations. These judicial expressions have in the main referred to four relations of the deaf in the law: 1. in their responsibility for crime; 2. in acting as witnesses; 3. in requiring guardians; and 4. in the making of wills and contracts generally.
As to the responsibility of the deaf man for his misdeeds, there has been in times past more or less presumption against it, especially if he were born deaf and were without education; but to-day he is quite generally held fully answerable for his crimes and misdemeanors, and his deafness cannot mitigate his punishment.[89] As a witness, the deaf man under proper circumstances is now allowed to appear without hindrance before virtually any court.[90] As to special guardians, these will be accorded the deaf when there appears sufficient need, though there is less of this than formerly.[91] With respect to the testamentary capacity of the deaf, we find that in times past the deaf were often said to be more or less incapable of making wills, though this presumption could always be overcome. Naturally their wills were subjected to considerable scrutiny for the purpose of preventing fraud; but if written and apparently genuine, they could usually stand. To-day the deaf are practically everywhere held to be quite capable in this respect, and probably nowhere would a will be set aside for reason of the deafness of the testator alone. Likewise the deaf are now generally held capable of entering into all contractual relations.[92]