The Washington times., 1902-07-19
Corporation Counsel Re-
plies to Board of Chill
dren's Guardians.
LENGTHY DETAILED ANSWER
Three Girls Had Been Transferred and
as Question as to Legality Arose Mr..
Duvall Was Called on for an Opinion
Gives His Reasons in Full.

"The Beard OF Childrens Guardians
is without authority to transfer any of
its wards to the Reform School, and
its recent action In committing three Of
the children under its care to the Re-
law"
This opinion was handed down yes
terday by Corporation Counsel Duvall
in response TO request for an opinion
submitted by Mr. j. d. Tupper, presi-
dent of the, Board of Children's Guar
dians. Mr.. Tupper stated that the le-
gality OF the action Of the board in the
cases cited had been questioned. and
asked for an opinion for future guidance.
THE Board OF Childrens Guardians"
Mr.. Duvall replied, was created by the
act of Congress. approved July 26, 1892;
to il was committed the care and super
vision of certain classes of dependent
children. enumerated in section 4. of
tion that the board shall be the legal
guardian of all children committed to
it by the courts, and should have full
power TO board them in private families.
to board them in institutions willing to
receive them, to bind them out, or ap-
prentice them. or to give them in adop-
ton to foster parents.
Disposition of Children.
said section further provides for the
disposition of children received from
the Reform School. and that all chill
drcn under the guardianship of the
board shall be visited not less than
once each year by an agent of the beard.
In tire cases under consideration it ap-
pears that three children had been duly
committed TO the Board OF Children's
Guardians, and after having been placed
by the board In the Home of the Good
Shepherd. for colored girls. in Balti
more, Nd, upon written complaint of the
board. by its agent, stating that the
children were incorrigible, the presi-
dent of the board of trustees OF the Re-
form School for Girls committed these
girls to that institution, and the ques
tion arising from this action is whether
that action was according to law.
THE various acts of Congress" con-
tinues Mr.. Duvall. relating to the Re-
form School in the District, were re-
vised and amended by an act of Con-
gress approved Nay 8, 1875. Section s of
said act authorizes the judges OF the
police and criminal courts Of the Dis
~ lot of rnlItrphta n DrOft n fhp Rp-
form School the following classes Of
boys under sixteen years of age,
namely:
"QJ Such boys as may be liable to
punishment by Imprisonment, except i'm
prisonment for life.
'(2) Such boys. with the consent of his
parents or guardian, against whom any
charge Of committing any crime or mis-
demeanor shall have been made. the pun
OF which. on conviction, would
be confinement in jail or prison.
"(3J Any such boy who is destitute of a
suitable home andadequate means of OBJ
taining an honest living. or who Is in
danger OF being brought up. or is brought
up, to lead an idle and vicious life.
20 Any such boy who is incorrigible,
Or habitually disregards the commands
Of his father or mother or guardian, who
leads a vaErant life or resorts to immoral
places or practices. or neglects or refuses |
10 perform labor suitable to bis years and |
condition. or to attend school.
Other Reasons Given.
''The said section concludes as follows: |
land the president of the board OF |
trustees may also commit TO the Reform
school such boys as are mentioned in the |
foregoing third and fourth classes upon |
application or complaint in writing OF a
parent, or guardian, or relative having |
nony in regard to the facts stated as
hall be satisfactory to him; and for tax
ng testimony in such cases. he is here
,y empowered to administer oaths''
by act approved July .. 1888. the Re-
orm School for Girls of the District was
INCORPORATED. and by section OF the act /
If incorporation the provisions above
Iuoted relating to the Reform School for
3oys were made applicable to girls under
Eighteen years OF age.
by act approved March g. 1901, en-
tiled. an act 20 enlarge the powers Of
he courts of the District In cases in
-o!ving Delinquent children II is pro-
,ided that the judges of the criminal
md police courts NAV commit to he
and care OF tho Board of Child
ems Guardians children under seven
cen years G. age. who shall BE tom
-icted of petty crimes and misdemean.
RS, and the board shall place, under
ontract. such children in suitable
ZONES. institutions, or training schools
or the care of children as 1t may deem
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