The times dispatch. [volume] (Richmond, Va.) 1903-1914, 1913-10-22
MAKE STATE PARTY
TO BON AIR FIGHT
That, at Least, Is Present Plan
OF Executive Board, Now
Under Indictment.
WON'T CLOSE INSTITUTION
Proceeding at Chesterfield Re-
garded as Most Unusual in
Virginia History.

Changing their minds overnight
members of tho executive board OF the
| Virginia Home and Industrial Schoo
! for Girls have determined to allow the
| indictments brought by IL Chesterfield
| County grand jury against them on &
charge of maintaining n nuisance, TO
take their course. and, If possible. to
bring in the State as Il CO. lie PENDANT
This action was decided upon after a
conference between Robert Lecky. Jr.
s. L. Waddill. Rev. II. ID. c. Maclach-
ian, D. d., and Rev. Go-srre w. Nc
Daniel, ID. D., of tho executive board
and Governor Mann and Assistant AT
torney-General r. b. Davis. represent
ing the state. Attorney Gencral S.
w. Williams was out OF town.
IT was pointed out at the conference
that since the home is maintained by
Legislative appropriation and may be
considered Il state institution, though
most Of the property is privately
owned and since the BOARD of trus-
tees is appointed by the Governor,
there is an implied contract between
the board of trustees and the state.
VIII Fight II To tho End.
If the home were closed iinmedi-
ately, the implied contract would be
violated, ana the inmates would be
thrown loose upon the community.
Therefore. the board is placed between
the Charybdis of violating its implied
contract and the Scylla of prosecution
with the liability of conviction and Il
jail sentence Nothing aghast, MEM
bers determined yesterday to waive
tho implied promise of immunity il
the home were closed and to fight the
case in me Chesterfield County Court.
S. T.. Waddin. who is clerk of the Hen
rico County Court, was appointed
committee o. one TO secure counsel TO
represent the executive board Ches-
terrified County ana the citizens of Son
Air. who are directly chargeable with
the indictments, will he represented by
commemorative Attorney uaskins
Hobson.
No Fcnr of Indictment.
Members of The executive committee
who were indicted are Mr.. Lccky Mr.
Waddill, DR.. Mcdaniel and Mr.. Mac
lachlan. If convicted OF the charge of
maintaining public nuisance in keep
ing open the Virginia Home and In
dustrial School for Girls, they are liable
to term in jail. There was not the
slightest stir of uneasiness when this
fact confronted them. Instead, they
viewed the situation humorously, and
confinement 1t was agreed that jail
services should he equally divided be-
tween DIR. Mcdaniel and DR.. Maclach-
Ian. the former to tale the morning
services and the latter the evening
services. Upon this being represented
TO him, Governor Mann assured them,
however. that he would parole them
from Saturday evening to Sunday
night, so that they could return to their
own respective nocks and to their own
pulpits.
1t was practically decided yesterday
10 maintain the home until the next
session of the Legislature. which will
he mcmoriaiized 10 turn it absolutely !
over to the State ana To support il en- !
tirely by state funds and to have it |
governed by q State board
Procedure Most Unusual.
The Indictment of four men who !
nave given OF their time and energies .
without recompcnsc for a work or 1
reformation WAS characterized at the
capitol yesterday us the most unusual /
procedure ever brought in Virginia
court OF law. Several we'll known at |
torncys offered their services to the |
institution and TO the indicted men free
OF charge. 1t was pointed out by a
member of the executive board that
IT'S members had been indicted for an
.niraciion by the inmates of rules laid
rue institution was founded by private
among whom are tho most
representative men of the city and
state. and for some time was main
tanned by public subscription. IL now
derives its chief maintenance from the
State.
But the management Of the home is
allowed to check upon the appropri-
alton Tor regular and Incidental ex-
pehse. In the recent investigation OF
'hc institution II was shown that none
Oh the officers had ever asked or been
paid cent for his services. Efforts
to show that there mad been careless
ness III the management of the home
ana IN the Keeping OF the books failed
utterly The management was cxoner-
ated and vindicated of all blame at
taching TO the several outbreaks bv
the Inmates. ii was then that the
lon Air Citizens Association brought
the matter into court and caused the
Indictment of the institution as a pub
TIC nuisance and the Indictment of
the executive board for maintaining
that nuisance
Only -Four In United states
There are four such institutions
Tor wayw Ard and mentally deficient
girls IN the United States" said a
Of the board yesterday. com
them. We are now caring for thirty
hinc girls. We have released twenty
on probation, and sent them out into
private homes, and the reports we re-
ceive OF them show that they are
doInk well in their new SUI roundinrs /
and that they have really reformed.
|! we close the institution, what will I
hecome of the inmates we now have?
w III they not contaminate others |
when set loose upon the community? |
IT is grave matter"
The question as to whether the
state VIII become n co-dcfendant with |
me executive board Of the home will |
DE decided after the law bearing on
me case has been thoroughly gone
INTO 1t is regarded rs very probable. !
however, that the State will be drawn /,
ever 10 the defendants side and thus
me Commonwealth may be arraycd
against itself.
think public sentiment generally /
~ Win us" said Mr. Lecky yesterday. |
Dr. Douglas S. Freeman. of the state
ho"id OF Charities and Corrections.
"hich investigated the affair of the
on nnfa