The sun., 1901-06-05
GOVERNOR TO JOE'S RESCUE
orEsnON rs. CAN HE PARDON A nor
COMMITTED FOR NO CRIMEs
Authorities Think He Can and So There's
little Doubt That lie wtli-Ma Gtstrste rool
Asked for the Evidence In the N fil:ps
,.e-,Joe's Lonely I'm the PIotettory.


Case -,Joes Lonely in the Protettcry.
Albany, June l.--Gov 0doll voluntarily
has taken up the case OF Joe Phillips, the
s,een-year-old boy who was sentenced to
On. Catholic Protectory by Magistrate Pool
Cor no other reason apparently than that
be had been supporting himself and his two
younger sisters by honest and worthy means
The Governors knowledge OF the case Is
confined to what he has read about 1t in THE
sr.y and from the circumstances surrounding
the case
So far AS THE sun has outlined the case
Gov Odcll believes there was no reason why
Joe philllpss family should have broken up
or why the Gerry society or Magistrate Pool
should have intcrfcred with young Joe's
,uccesstul efforts to provide for himself and
his little sisters But what concerns tho
Governor especially is why Joe should have
been sent 20 the Catholic Protectory and
upon what charge.
To-day the Governor telesraphed Magis-
trs,e Pool a request to send TO him n copy
OF the evidence upon which was based Joe's
commitment to the ,Protectory. Tonight
the Governor declined to make public the
contents Of his telegram to Magistrate Pool
or TO discuss his action further than to say
IN the case furnished to him. The Governor
,aid he had not yet received an answer from
Magistrate Pool.
Magistrate Pool received a telegram from
Gov. Odell yesterday afternoon asking on
what charge Joe Philips was arraignrd and
what exactly was the nature Of the sentence
imposed The Magistrate was perpleIed for a
time He finally decided that the boy had been
committed to the Catholic Protectory under
the prov isions Of section 2oi Of the Penal Code.
Prescribing such disposition for children
without proper guardianship who have lived
in the custody OF parent or guardian who
has been sen fenced to Imprisonment for crime.
The Magistrate thinks that Joe has not
been convicted OF a crime. and therefore Is
not eligible for pardon.
Henry W. Unger. former Assistant District
Attorney. said last night that in his opinion
the Governor had the right to interfere In
the case, as the decision OF the Magistrate
had been based on section OF the Penal
code, that Ia. the second subdivision OF
section 2s,. This subdivision provides that
any child actually or apparently under the
sge Of 10, who Ia found. not having any home
or other place OF abode or proper guardian
ship or who has been abandoned or Improperly
exposed or neglected BY Its parents or other
persons having II In charge. or heing IN
state OF want or suffering must be arrested
and brought before a proper court or Magi-
,trate, who may commit the child to any IN
corporated charitable reformatory &c.
But said Mr. Unger. the Governor
cannot help this boy any by causing his dis
charge from the Protectory. because he
cannot supplement such discharge by APP
pointing a guardian for him. The boy would
again be subJec to arrest on the same grouhd'
and the Gerry society would have the au-
thority to have him recommited lie would
simply move In circle. hedged by Ieeai
technicalities. and could make no real pro osres-
toward getting his liberty permanently
The only way out Of IL would be 10 get writ
OF habeas corpus from the Supreme Court
and then have the court appoint GU. dian
for the boy.
1T Is an interesting case. because the
question whether OF not the Governor cuh
pardon a person committed by a Magistrate
a. a poor person has never been raised be-
fore
The state Constitution gives the Governor
the power to pardon after conviction. For
abandonment a City Magistrate, IN the Ian
guage of the Charter. convict,
oo'' -, W., No.t IN. all
'athoic fl"''''o'' az %" ~
newcomers at the institution ne was III Vuarhh-
,trs and no will remain ia quarantine for
'' ~, 49,. var, unbann,. and
'everai ua!s' '0' W -
much Of the time yesterday q" cr"u -crleu
,or his sis,ers cricd because he wanted " see
.o' A,' a.. h,i,I .oi.-,,,n who,, he u.ad
Nr Lelss, ule oi'iu "'o'"''" "''' -
to lead about and who gave nm r'Hl pta'-
,cal helm in the six weeks he was the bread
Winner for his family, and cried because he
VII! m,'.',, ~ tbn Protectory
IN. protsCtory and its Environment are
nWJ nJl.rnbbnlv In the police court hi- pinvhcd
,acn ma nnbappy ewes were always in CON
,rs.t To- tLr maiiiier Of his rather happy and
10, 10, n' ace,,t iitti,. sisters
1b, rs of the P.otcctOrv are Cath, 'ic
,ros, yr-terdny Jo, begged Father phi-
Ina M least half "a dozen times TO write Mrs