The herald., 1897-07-13
Privilege a Normal School
Certificate Confers
WHITTIER TROUBLES IN COURT
COUNTIES MUST HALvE THE
MAINTENANCE OF BOYS
The oibbs-Hill Buggy Case Is De-
veloped by the Arrest of Adams.
Accusation Against Clayton

1t is just barely possible that from now
on a boy who is convicted of a criminal
offense in the courts will not be sent to
Whittier reform school, Heretofore the
fashion has been followed of sending
merely mischievous as well as criminal
ly tainted boys to Whittier, with the re-
suit that the criminal element contain
mated the more innocent boys and
dead level of badness resulted.
But decision just handed down by
the supreme court may possibly change
this state of things somewhat. In the
suit of w. G. Cochran ct al, trustees of
the Whittier school, respondents, VS..
Los Angeles county appellant, the order
of the lower court has been affirmed
The action was originally brought by
the trustees of the school against Los
Angeles county to recover the sum OF
$3064.05, with interest, being one-half of
the cost of keeping and taking care of
minors committed to the school under
the provisions of the Whittier state
school act.
The department demurred to the COM
plant, but was overruled, and the case
went to trial.
In 1889 an act was passed certain Sec
tions of which provide that any boy or
girl, between the ages of 10 and 16 years.
convicted or charged withe the commits
sion of a crime, may be committed to the
institution. And it is provided that the
trustees may receive infants, between
the ages of 10 and IS years, committed
by any judge of the superior court, on
the complaint of the parents or guard
ians of the infant.
SEQ. "a provides: "Said board of trus-
tees shall, with the approval of the gov
ernor, estimate and determine as near
as may be the actual expense per month
of keeping and taking care of each in
fant committed to said institution, not
including the use of the grounds and
buildings, and shall include a statement
of such estimated prices in each biennial
report to the governor. When any in
FAINT is committed to said institution at
the instance of his or her parent or
guardian, or other protector, the cost of
keeping said infant, including the cost
of transporting to and from the institu-
ton, shall be wholly paid by such parent
or guardian, unless, by reason of the
poverty of such parent or guardian, or
other good cause, said board of trustees
shall otherwise order and direct; in each
case such expenses, including the cost of
transportation, shall be borne, one-half
by the county from which such infant
is committed and the remaining half
shall be borne by the state.
In 1898 this section was amended, but
appellant contended that the meaning
and import of the section remained un-
changed; that insofar as the section
still imposes upon counties the burden
of paying one-half of the expense of
transportation and maintenance of mi
nors, it refers to the class who are in
corrigible or abandoned and INDECENT.
and all committed under the provisions
of Sec. 20 Gncorrigibles), and not to the
criminal class, who are convicted for
violation of the penal statutes of the
state.
"It will be observed, however" says
the court, that in the amended section
the words, under the provisions of Sec.
20 of this act' are entirely omitted, and
it is made the duty of the board to es-
innate the expense of keeping each mi
nor committed to said institution. If the
legislature had intended to charge the
counties only with the expenses of keep
ing minors committed under the provis
ions of Sec 20 Gncorrigibles), no reason
Is perceived why these words We're elm
mated from the section as originally
passed. Again, thre was added by the
amendment the clause, and in every
case'-not merely in the case of incorri-
gibles, etc.-'where a minor has no par
ent, guardian or other protector, who is
able to pay the cost of transportation
to and cost of maintenance at said school,
such cost shall be borne one
half by the state and the remaining one
half by the county etc.
This language is plain and unequiv-
ocal, leaving no room to doubt that the
legislature intended to impose upon the
counties the burden of paying one-half
of the expense of keeping all minors
committed to the institution for any
cause whose parents, guardians or 9TH
er protectors were unable to pay such
expenses.
"That the legislat ture was authorized
to pass such an act and impose such
burdens upon the counties was in effect
held in Aid society VS.. REFS. 1t follows
that the demurrer was properly over
ruled, and the judgment is affirmed"
All this in nutshell means that Los
Angeles county will henceforward have
20 pay one-half of the expense of main
tenance of every boy sent to Whittier
and that being so, it will be more eco
nomical, to view the question in that
way merely, to send the old boys to
prison, and those up for lesser offenses
to the Industrial school at lone.
A SCHOOLMARM WINS