Evening star. [volume] (Washington, D.C.) 1854-1972, 1907-07-31
CLAIM WRONG COMMITMENT
Say Prisoners Should Have Been Sent
to Reform School.
CONGRESSIONAL ACT QUOTED
Controller Of the Treasury Holds That
Action Of the Juvenile Court
Imposes Obligation.

The controller Of the Treasury has settled
a somewhat heated dispute between Judge
DeLacy Of the Juvenile Court and the board
Of chiidren's guardians as to the commit
ment OF children before the Juvenile Court
The controller upholds the auditor for the
State and other departments In his decision
that it Is in the discretion Of the Juvenile
Court to send children to either of the re-
form schools or to the Industrial Home
School.
The dispute arose over a bill for 81 ,52i.32
turned in against the board OF childrens
guardians by the Industrial Home School
for the board and care of children for Feb
ruary, March and April B. Pickman Mann,
president Of the board. protested against the
bill. Accompanying the vouchers for the
bill is letter signed by Mr.. Mann, who
says:
President Mann's Protest.
Taking the bill Of the Industrial Home
School for the month Of February as an ex-
ample he finds that eleven of the children
for whom the charge is made were COM
mitted by the Juvenile Court for the al
legged reason of restitution one as being
destitute of suitable home. one as having
unfit parents and five for incorrigibiity.
Mr.. Mann contends that these eighteen
children were improperly committed to the
custody of the board Of children's guar
dams. and< that they should have been
committed to the reform school for boys
or to the reform school for girls for the
District of Columbia. and in support of
that contention quotes part of session g.
act Of March 49, 1906 ga Stat. l4. creating
the Juvenile Court of the District of CO.
lumbia. The part quoted by him is as fol-
lows:
All children Of the class now liable to
be committed to the reform school for boys
and the reform school for girls shall here
of Flor ho tod NV fho IL ffrf
to said schools. respectively. All other
children delinquent. neglected or dependent
with the exceptions hereinbefore stately
shall hereafter be committed by the Ju-
venile Court to the care Of the board Of
chfldren's guardians. either for limited
period on probation or during minority, as
circumstances may require
Mr.. Mann shows that the eighteen chill
dren in question were liable to be commit
ted to the Reform School for Boys or the
Reform School for Girls. and describes the
various classes OF children liable to be COM
mitted to said institutions.
The corporation counsel Of the District
rendered decision favorable to the con-
tention Of Mr.. Mann, but the auditor and
controller. after reviewing the District
laws. decided that the bill Of the Industrial
Home School should be paid out of the
funds Of the board Of children's guardians.
The Controllers Decision.
The controller closes his decision as fol-
lows:
BE that as It may. the authority Of the
board Of childrens guardians to receive
and hold the children Is the commitment by
the court There is no question as to the
children being subject to the courts order.
the doubt only being into whose custody
they should have been committed. If the
commitment, in this respect was in fact
enormously made, its correction primarily
should be sought in the court that made
49, $3.50 H. 80
designation Of the custodian was under
its Interpretation Of the law. 1 do not
think the accounting officers should inquire
into It's correctness. The responsibility Is
mont: and as long as Its order stands and
the custody into which the children were
committed renders the service am Of
opinion payment should be made therefor"
Judge DeLacy's Comment.
Judge DeLacy Of the Juvenile Court
said this afternoon regarding Mr.. Mann's
protest that. by an act Of Congress ap-
proved In 1901. authority was given to
judges Of the courts Of the District to COM
NIT children guilty Of petty crimes and
misdemeanors to the board Of children's
guardians, and he considered the authority
granted by this act passed to him when the
Juvenile Court was instituted. in 1906, since
that tribunal was created to assume the
function Of administration of Justice to-
ward the young.
He thought it not likely that the law con-
templated that less degree of kindness
should be exercised toward young Of
tenders by the Juvenile Court than had
been displayed by the regular courts. nor
need a child who might have broken one
statute be SO criminally inclined as to re-
Quirs the restraint Of reformatory.
Judge DeLIacy had not seen the decision
of the controller. and preferred to say no
more on the subject until he was more
familiar with the objections.