The Ely miner., 1911-06-16
CONDEMN TRANSFER
DISTRICT BENCH DECIDES FOR
BOY SENT TO REFoRMAToRY
FROM RED WING.
HELD INCREASED PUNISHMENT
such Power of Commitment Is Held
in Ruling to Be Unconstitutional.
Supreme Court
Appealed.

st. Paul.-Acting on an appeal from
the attorney generals Office on the
decision of Judge Giddings in the Ray
mond Lynch case, the supreme court
Of Minnesota will be called upon to
pass on all laws relative to the COM
mitting of inmates from one state in
stitution to another.
The appeal was filed by the attor-
ney generals office after consulting
with members of the board of control
1t followed Judge Gidding's decision
to the effect that Raymond Lynch, of
Minneapolis, transferred from the
state training school for boys at Red
Wing to the st. Cloud ,reformatory,
was Illegally held and should be re-
turned to the state training school.
While the case involves only the
instance of the transfer of Raymond
Lynch, it applies also to the possibil-
ity of transferring girls from the in
dustrial home at Sauk Center to ST.
Cloud in cases of incorrigibility.
Lyndon A. Smith, assistant attor-
ney general, said: THE whole ques-
SAOh case Is lIlS THEORY
that the institution at st. Cloud is
more of penal institution than the
one at Red Wing and that the board
of control has no authority to increase
punishment that has once been given"
There are some IA cases of similar
transfers eligible to release under the
decision of Judge Giddings. Those
from Hennepin county are John Nor
ris, Harry Page, Thad Wagner, James
Hudson and Henry Anderson.
In Minneapolis the persons who
brought the case for the release of
Raymond Lynch were considerably as
tonfshed by that part of the decision
which held that the boys should be
returned to Red Wing. The case was
brought by l.. A. Lydiard through ST.
mon Michelet, an attorney. They
doubt the advisability of returning the
boy to Red Wing in view of the dis
cipline that is needed elsewhere, and
on account of treatment boys are al
legged to receive there.
Judge Giddings filed his decision "in
the case of the state ex rel, Katherin
Lynch, relator, VS.. Frank L. Randall,
as superintendent of the Minnesota
state reformatory, respondent" Satur-
day, at Elk River.
In this proceeding the petitioner,
Katherine Lynch, sought to secure the
release of her son, Raymond Lynch,
from the state refornatory. The
transfer was made under authority
purported to be vested in the board
by section 1911, revised laws of 1905;
section 8, chapter 233, general laws of
1905, and section 5455, revised laws of
1905, as amended by chapter 81, gen.
eral, laws of 1911.
Conclusions of Court.
AS conclusions of law the court finds
that, within the facts of this case and
insofar as the above statutes purport
or attempt to authorize the state board
of control to transfer inmates of the
state training school to the state re-
formatory, they are in conflict with
the constitution and void in that they
deprive Raymond Lynch of his liberty
without due process of law, attempt to
vest judicial powers in an executive
or administrative body and attempt to
authorize the board of control to in
fiict involuntary servitude otherwise
than in punishment of crime whereof
the party shall have been duly con-
victed.
1t results, the court concludes, that
the Imprisonment of Raymond Lynch
in the state reformatory was and is il
legal, that he should forthwith be dis
charged therefrom and returned to the
state training school, to which, so far
as involved in any question raised in
this proceeding, he was lawfully COM
mitted.