Daily globe. [volume] (St. Paul, Minn.) 1878-1884, 1880-07-30
STATE REFORM SCHOOL.
Is it a ReforDsatorY or Penal XnstituttOn-
Ans,ces as:d Arguments IN the EaJeas
Corpus Proceedings for the iReIeose of

10 u u 1IefoTOtutO3B or renal kTSttt1tttOft-
Ans,cer ard arguments IN the Rabeas
Corpus Proceedings for the IReIeose of
Patrick McDOnOugh.
The supreme court, all the justices pres-
ent, met at IL o'clock yesterday forenoon to
receive the return and listen to the areu-
ments pro and con in the habeas corpus pro-
ceedings instituted by Mrs. McDonough, for
the release Of her son, Patrick DcDonouph,
in the custody of the board of managers of
the Minnesota State reform school, pursuant
to sentence of the district court for RAMSEY
county, for the crime of petit larceny, COM
mitted in October, 1879. Mr. C. j. Thomp-
eon, of the late firm of Mead g. Thompson.
appeared for the petitioner, and ATTORNEY
General Start for the State and the reform
school board Of managers.
The court organized, Mr.. j. G. Riheldeffer.
superintendent of the reform school. an
peared in response to the writ of habeas cor
pus issued Saturday, the oath inst, with the
prisoner, and made return to the writ, set
ting forth that he is and has been the super
intendent and agent of the board
of managers of the Minnesota
State reform school since the
first day of October, 1879, and q long time
prior thereto; that as such superintendent
and agent, and as duly authorized by Law, he
has had and still has the CUSTODY
and control Of Patrick McDonough:
that said Patrick McDonough is a minor
under the age Of 16 years, and that he was
on the 18th day of October, 1879, convicted
in the district court of Ramsey county UPON
Indictment OF the crime of larceny, in pur-
suance OF which conviction the said Patrick
McDonough was by the court committed 10
the guardianship of the board of managers
of the Minnesota State Reform school: that
in pursuance of this commitment. and
not otherwise, the lad Patrick McDonough
was placed under his control and
custody as superintendent and agent of
such board of managers, and that as such
superintendent and agent, and by virtue of
such commitment, he has ever since and
still does retain the custody and control of
the prisoner; that the time for which the pris-
oner was committed has not expired, nor
has he been discharged by the board, and
tnereupon he prays the court that the pris
oner be remanded to his custody as such
superintendent and agent.
Anne1eds to Mr.. Riheldeffers return was
a certified copy of the commitment, and the
original in his possession was submitted to
the court.
ARGUMENT FOE DISCHARGE OF PRISONER.
Mr.. Thompson, counsel for the petitioner,
then made quite lengthy oral argument in
support of the petition for the discharge of
the prisoner. Previous to commencing his
remarks, however, he suggested that in view
of the peculiar nature of the case the pris-
oner, who is bright and intelligent boy of
about Is years of age, be remanded to the
custody of Superintendent Riheldeffer dur
ing the tendency of the case. Attorney
General Start conceded with the suggestions,
and the court so ordered, and McDonough
was returned to the school.
Mr.. Thompson then proceeded with his
argument, which was all exhaustive review
of the issues involved, the statute points of
which were as follows:
Fi-st-The warrant of commitment shows
that the boy, McDonough was, for the crime
of larceny, sentenced to be committed to the
State reform school during his minority. His
confinement thus constitutes Imprisonment.
1t is a condition, not place, and is defined to
be ''the restraint of person contrary to his
wiI.''
greater penalty to crime when committed by
infant under 16 years OF age than could be
imposed upon an adult for the same offense
would be manifestly unjust, and in contrave--
ton of the constitution, being cruel and IN
usual punishment" Now the highest punish
ment that can be inflicted by law upon an
adult for the crime of petit larceny is impris-
onment in the county Jail not exceeding thirty
days; but this child OF Is years has already
been imprisoned in the reform school for more
than ten months.
Third-The law OF 1872 under which he was
sentenced provides that whenever any infant
under sixteen years OF age has been duly con-
victed of any crime punishable by imprison-
ment, etc., it shall be the duty of the msgis-
trase before whom such conviction is had, to
commit said infant so convicted to the guard
ianship OF the board OF managers of the Min
nesota State Reform school.
This law simply changes the place of punish
rent from the common Jail or penitentiary TO
the Reform school, but leaves the time of IN
prisonment as fixed by the general statutes
concerning crimes.
In this instance, petit larceny, the time could
not exceed thirty days.
Fourth-The mother asks for the custody and
control of her child, and unless he is impris-
oned for crime, the law cannot deprive her of
this parental relation without giving her day
in court, ana this she has never had. If the
otate CdHnOb uepr1Ve me OF my morse or lAQQ5
without ''due process of law" how can it sever
the sacred relations of parent and child with.
out legal process?
ANSWER OF THE ATTORNEY GENERAL.
Attorney General Start, in support of the
legality of the legislation under which Nc
Donough was committed and is held in Gus
tody by tho reform school, and in opposi-
ton to discharge under the petition, sub
mitted quite lengthy argument, OF which
the following is a brief summary OF the
several points made:
First-A writ of habeas corpus is not SUBJ
stitute for writ of error, and upon this hear
ing no inquiry can be made as to toe legality
or justice of the judgement upon which the re-
iator was committed. The only questions that
can be considered are is the warrant by which
the relator is held valid on its face. if SO he
must be remapded.
General statutes 1878, page S38, sec. SO and 3S.
Second-The Estate reform school is charit-
able aud reformatory institution, not a penal
one; school, not a prison; 3 home; the in
mates of which are under the guardianship of
the board of managers as agents for the State,
during their minority, to save them from
life Of crime and fit them for responsible du-
ties OF citizenship, Not substitute for the
State prison, the inmates OF which are and are
to DE treated as convicted felons. The deten-
ton OF minors at the reform school is not i'm
prlsOnment in the common application of the