Evening star., 1954-11-16
Court Weighs Right.
10 Shift Juveniles
To Federal Prisons

Chief Judge Bolitha j. Iawi
took under advisement yester-
day a case challening the con-
stitutionality of D law PERMITTING
the Attorney General to transfer
q juvenile from the National
Training School to q Federal
penitentiary.
Attorney B. Michael Landes-
man told the q. s. District Court
judge a 1948 act took the func-
tions OF Juvenile Court out Of
its rehabilitation sphere and
placed 1t into one OF criminal
procedure.
At issue is Title l8, Section
1888 Of the United States Code.
A provision Of this act places
the National Training School
under the jurisdiction Of the
Attorney General. It also gives
him the right to transfer any
inmate from the school to q
Federal penitentiary at his dis
cretion.
Sees Far-Reaching Effect.
Mr.. Landesman said:
ut is clear that the Attor-
ney General. under present law,
at any moment may step into
the National Training School for
Boys in the District Of Columbia
Is. and transfer an inmate to
any other Federal adult peni-
tentiary, reformatory or other
place Of detention. With one
bold stroke, Congress, appar-
emily unwittingly dealt with an
act, namely, the Juvenile Court
Act created and dedicated to
the vital task Of rehabilitation
and reformation of the delin-
quent juvenile, and emasculated
the very heart and reason for
its creation"
The lawyer is seeking the re-
lease OF Isaac L. White, Is, coli
ored. who has been held at the
District Jail since his arrest on
April % in connection with a
fatal shooting.
White was found to be ''in-
volved" by Juvenile Court Of
auto theft in July, 1852. He
was given a minority sentence
OF four year, four months and
four days. After serving 16
months he was released on pa
role.
In December, 1858, White wit
messed the Staying Of a young
Marine, but withheld that knowl-
edge from police. Following his
arrest he was indicted for with
holding information.
Indictment Dropped.
He remained in the District
jail awaiting a trial which never
took place. On October 13 the
indictment was dropped. Mean
WHILE, the United States Board
OF Parole sent a detainer to the
jail asking that White be held
SO that he could serve the bal
ance Of his original sentence
for auto theft.
Mr.. Landesman also argued
that Juvenile Court had illegally
sentenced White on the auto
charge in that he was ordered
sent to the National Training
School until 81 without being
accorded a trial by, jury, right
to counsel or the right to sub
poena witnesses in his favor.
Under the powers granted by
the 1948 act. the Attorney Gen.
eral intends to send White to
the Petersburg (va.) Federal
Reformatory to serve out the
balance of the sentence imposed
by Juvenile Court in 1852.
Mr.. Landesman says such
action Is contrary to the phi
losophy Of rehabilitation behind
Juvenile Court laws in that it
will result In Whites being sent
to a Federal jail for GRIM
inals without his having been
guaranteed his Constitutional
rights of a public jury trial.
To bolster his argument that
White is being treated as a
criminal instead of as a juvenile
delinquent, Mr.. Landesman
pointed to language used on the
detainer sent by the Parole
Board to the District Jail. The
detainer did not use the words
involved in a delinquent act. !"
The detainer stated White was
sentenced for the crime Of juve-
nile delinquency-au theft"
Assistant Corporation Counsel
Richard Barton argued that the
1948 act was Constitutional, al
though it did leave the matter
of transferring juveniles to adult
penitentiaries entirely UP to the
discretion of the Attorney Gen.