, 1891-12-08
HE IS TOO TOUCH.
Reform School Trustees Have a
Bad Case in Hand.
A difference of Opinion as to the
Disposition of the Young
Ome--COmsuItiMg the
Governor,

GOvernOr.s
Senator Long, of Chehalis, was in the city
Yesterday accompanied by trustees of the re
form school. They were in search of the at
torney- general for the purpose of obtaining
his views on the disposition of an unman-
ageable boy at the home. The boy claims
to be about 16 years old, although the indi-
cations are said to be that he is older than
this, is youthful tough, but Judge Upton
of WaIla WalIa, before whom the young
man charged with burglary was brought,
thought he should have fair chance to
mend his ways, and sent him to Chehalis
instead Of to the penitentiary in the town
where he committed his depredations.
Pending his trial the boy had made rec
ord for himself, and had broken jail. The
sheriff of Wala WalIa county, who took
him to Chehalis, informed the director Of
the school that this was case he could
not manage. The three weeks the boy was
kept there proved the,remark. He proved
entirely unmanageable, pursuaded the
other boys that they should try to escape !;
dug hole through the floor Of a prison
he was placed in for safe keeping and al
most escaped; and finally, when he was
confined in the county jail, the trustees
despairing of keeping him in the reform
school, he escaped from there few days
ago, and came to Tacoma, as has already
been related in the Ledger. The boy was
recaptured and is again in the Lewis coun-
ty jail.
The case has caused an interesting com
plication to arise regarding the law which
established the reform school. According
to section II of this statute the trustees
are instructed to examine any boys thought
by the director to be incorTigible, and in
case they determine that it is for the best
interests of the institution that any boy
shall be sent away, they shall return him
to the Judge who sentenced him to the re-
form school. This was what it was de-
termined to do in the case of Harlan and
Judge Upton was notified just previous to
the late meeting of the superior Judges
in Seattle. Judge Upton than said that he
was about to attend the meeting of the
judges and he would consider the matter
later. He has not, however, decided to re
ceive the boy back for a sentence to the
penitentiary as inGorrigible, but on the
contrary decides that he is not under any
obligation to do SO. The ground taken by
the judge is that the law containing this
provision is unconstitutional, and that it is
the business of the authorities of the re-
form school if the boy cannot be kept in
the ordinary way to build a strong enough
Jail to confne him. He holds that ne has
fulfilled his duty in sentencing him, and
intimates that the trustees will be cited for
contempt if they shall refuse to take cog
ni2ance of his opinion and shall in spite
of it, return the boy to Walla Walla.
It was in this that the trustees found
themselves perpleXed, and they were un-
certain as to whether or not they could re-
hoy To no
wishing to cause any needless strife, how
ever, they decided to consult the attorney
general and Governor Ferry. Attorney
General Jones was not here, but the mat
ter was discussed with Governor Ferry.
The decision was unanimous that the law
was constitutional, and the precedent al
ready established was correct. 1t was,
therefore, thought best thatthe boy should
be sent back, Notwithstanding the reluc-
tanCe with which the trustees will go CON
trary to the expressed wish and opinion of
Judge Upton. The boy will therefore pro
badly be sent to Walla Walla today, and
the outcome which is likely to be the cit
ing of the trustees for contempt is looked
forward to with interest.
Senator Long came to Olympia yester-
day. He says that before the arrival of
this trouble bringing youth to the reforma-
tory, and since he was transferred to the
jail, it was doing excellent work. They
nave dpOuG L1Gy acres OF gOOu lana near
Chehalis, which they have put the thirty
four boys in the school to clearing, and in
which the boys have shown quite an apt
itude for labor. Their winter term of school
has now begun, however, and they are
studying much more faithfully than would
be expected of lads brought together un-
der such circumstances. They make their
own boots and shoes and do other work
which would not generally be expected of
boys, all under 16 years. Of age and all from
among the toughest boys in the state. Di-
rector Wessendorf has been for about tif-
teen years engaged iii work Of this descrip-
ton, i'll Illinois, and is thoroughly COM
petent man. Before the demoralizing ad-
in most fourishing condition Now,
since he has been in the county jail, the
boys have been told that he is in the peni-
tentiary, and if he should return among
them it would have doubly bad effoct.