Evening star., 1946-04-23
Penal Reforms
ToAwait Ru|inq
On Gil! Custer
Commissioners Still
Reading testimony
Given Trial Bourd

owen lrluI Board
The Commissioners today post
poned any immediate revision OF
the city penal administration
pending disposal within the next
few days of the case of Howard
B. Gill.
Mr.. Gill was recommended yes
terday for discharge as general su-
perintendent of penal institutions
by special, nonofticial trial board
appointed by the city heads to hear
the l6 incompetency. inefhciency
and INSTRUMENTATION charges pre-
ferred against him by the Board of
Public Welfare.
The Commissioners conferred this
morning with three members of the
Welfare Board over so-called in
terim" changes in penal admins
tration for the District recon-
mepded last Friday by the Hebert
Subcommittee of the House District
Committee. These were:
!. Temporary placing of the adult
penal institutions in department
of corrections to be set up by agree
ment between the Welfare Board
and the Commissioners, pending
passage of legislation writing the
organization into substantive law.
Still Reading Testimony.
2. Borrowing from the Attorney
General prison administrator to
operate the Corrections Department
until permanent penologist can be
obtained to take over for the city
This assumed dismissal of Mr. Gill
In a conference lasting about an
hour. the Commissioners advised the
Welfare Board Committee they still
are eading the 2,075 pages of testi-
mony taken in the Gill hearings and
would probably be another day or
SO in deciding the case In the
meantime, they did not want to take
action on the proposed interim
changes.
At the same time, the group dis
cussed with Corporation Counsel
Vernon West the drafting of an
amendment to the pending welfare
reorganization bill to establish the
Corrections Department as an in
tegral part Of the city government
The bill, now before House District
Subcommittee would strip the We'll
fare Board of administrative author
ity and make it advisory to a city
welfare department under the Com
miSsioners.
The three board members attend
ing this mornings conference were
Chairman Edgar Morris. Fred
Kogod and A. Harding Paul.
The question was raised at this
meeting whether the interim pro-
gram suggested by the Hebert sub
committee can legally be accom-
plished in the absence of new legis-
lation, since the Welfare Act of 1926
vests in the Welfare Board exclusive
control of the adult penal institu-
tions. While the subcommittee eX-
pressed the opinion it could be done,
Mr.. West Saturday expressed
doubts.
He added, however, that the same
thing could be accomplished in fact
if the Welfare Board simply ap-
proved automatically the plans and
regulations of the proposed Cor
rectlonS Department head. Any
prior commitment of the board to
rubber stamp the recommended
tions of the corrections chief. how
ever, would constitute an illegal
delegation of authority by the
board, Mr.. West felt.
The Gill Trial Board, headed by
Walter M. Bastian, sustained six of
the 16 Welfare Board charges
against the general superintendent
who was suspended December 6
following the escape of five prison.
ers from the District Jail November
"a. The board recommended his
removal without prejudice to his
civil service status.
The Welfare Board agreed late
yesterday to the plan for borrowing
an expert from the Federal Bureau
OF Prisons to reorganize the pena
system, as suggested in the Hebert
report, but indicated it would at.
tempt to retain full control over
him.
Ask for the Names
Acting on the recommendation
Tor loan of competent director
from the Federal prison system, the
Welfare Board decided to ask the
Federal Bureau of Prisons to sub
NIT three names. The Welfare
Board would make the nomination
and the Commissioner would have
authority to approve or reject it
New rules and regulations fol
conduct of the prisons would bt
discussed with him by the Welfare
Board when he is appointed anc
again submitted for final approva
or rejection.
The Hebert report said "all ad
mlnistrative details, including
promulgation of rules and regula
tions ''' would be left in the hand
of the Department of Corrections.
Need Overall Body.
An executive department heae
would have to be responsible tt
some one, either to the Commission
ers or the Welfare Board, Mr.. Pau
reasoned. Since Congress has givel
the Welfare Board administrative
responsibility, Il can't see how W,
can recognize the Commissioner
until the law is changed" he said
The Welfare Board members a
yesterdays meeting also refused t,
lndorse the proposal for creating
by legislation a department o
corrections under the Commission
ers in the face of an order of tn
Commissioners for drafting tn
necessary legislation and including
it in a bill already before Congress
to strip the Welfare Board of al
its power.
Instead, the Welfare Board ap
proved a plan for appointing a com
mlttee to draw up new pena
legislation with the understandin
that the committee shall be free t