The herald., 1897-08-12
Wants His Boy From the
Whittier School
SUIT FOR DELINQUENT TAXES
THE CRESCENT COAL COMPANY
ASKS FOR $4,000
"A Heavy Commission for Obtaining
a Smelling Works-Trouble
Over Memorial Hal"

A short time ago a charge of battery
was preferred against one Of the Off
cials at the Whittier state reform school
by the father of a boy named G. l..
Parks, who had been, as it was claimed,
at the time, inhumanly whipped at the
time of the outbreak at the institution,
The matter was gone into somewhat ex-
tensively in the township court and the
charge dismissed by Justice Young.
Yesterday the attempt was made to
have the boy Parks released from the
institution on writ of habeas corpus
on the ground that he had been cruelty
treated, ETC., In order that this conten-
tion might be sustained, it of course,
necessitated another prolonged investi-
CATION into the conduct and discipline
maintained at the school.
Major Horace Bell represented the
petitioner, and Attorneys Del Vale anG
Munday represented the authorities Of
the school,
Primarily, in habeas corpus proceed
ings. the allegation is made that the
person referred to in the writ is being
restrained of his liberty, and whoever
is responsible is ordered to produce the
body of the person in court. Superir-
tendent Van Alstyne showed up yester-
day with the boy Parks, the latter look
ing better than when he appeared with
q halt in his gait in the township court,
and infinitely better in manner and bear
ing than when first sent to the school.
As an answer to the lawfulness of the
restraint made matter of complaint the
attorneys for the school simply offered
the commitment ordered by Judge AL
len. Then the arguments opened, and
the legal cross firing was kept up during
the best part of the day. Inasmuch as
Judge Allen had committed the boy,
Judge Campbell of San Bernardino sat
on the bench and heard the case.
Major Bell contended that the COM
mitment was void because the mother
of the boy had not consented, and fur
thermore if that fact did not nullify it,
the treatment of the boy during his de-
tention at the school had done so. Coun-
sci enlarged upon the whipping that
had been given the boy for his disobe-
dience during the time the boys of his
company were in revolt. AS the father
stated he was a man of property and
wanted his boy back, Major Bell thought
he ought to have him.
Mr. Mundy claimed that the court
could not go behind the commitment on
habeas corpus proceedings. That docu-
ment was full and legal authority for
the boy being detained at the school
and unless something had arisen which
would make void the commitment itself
he argued that the court had no juris
diction. Counsel secuted the point raised
as to the petitioner being a man of prop
erty, and pointed out that in his COM
plant against his son he had alleged
him to be ''incorrigible, vicious and
vagrant," and if he had not the boy
could never have been sent to Whittier.
In so claiming, at that time, he had ac
knowledged his inability to care for his
son and hold him in the subjection neces-
sary for his proper. training.
Judge Campbell in passing upon the
case held that the commitment was good
and that the law did not absolutely re-
quire both parents to be included in the
complaint. He also held that the court
could not review the actions of the Of
ficials at Whittier on habeas corpus pro-
ceedings and ordered the writ dis
charged.
In the course of his argument Major
Bell made a wise remark. He said it was
outrageous that an innocent boy should
be made to associate with older boys
whose minds are reeking with hideous
forms of immortality and crime. That,
however, is no fault of the present or
previous regime at the schools. The
legislature some years ago, with the God
given wisdom that usually directs its
efforts, extended the provisions Of the
act calling the Whittier Reform school
into existence to permit criminally
tainted boys, who had been convicted of
crime, TO be sent to Whittier instead of
the states prison. Since then mischev-
ious lads with unstained minds, but
guilty, perhaps, of running away from
home of some similar offense, or boys
whose parents were too lazy to accept
the responsibilities Of parentage have
been sent to herd with boys convicted
of crime and whose mental bent is NOR
ally downward. When the boy Parks
was committed he wore the downcast
look that bad boy always wears, when
it is not replaced by the defiant stare of
the criminal Now he appears a well set
up young fellow, with shoulders straight
and head held erect. His mother belongs
to and wears the uniform of the Saliva
tion army, and when the boy was COM
mitted Judge Allen spoke with some feel
ing regarding the duty parents owed
their own offspring. OF all the judges he
is, perhaps, the one least inclined to send
boy or girl to Whittier, and in Parks
case the commitment was held suspend
ed for some time.
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