Senator FAULKNER. So you take boys from courts in other States? Mr. CLAY. From United States courts. The average number of inmates is 219, of whom 69 per cent were committed by the courts of the District of Columbia, 17 per cent by the courts of the United States, and 14 per cent by the president of the board. These figures are based upon the statistics for the last five years. The school is in no sense a charitable institution, because it simply deals with boys who have committed offenses or who are so incorrigible and so outside of the control of the parents that they can not be dealt with longer by them, and the aid of the State is invoked. The Reform School gets no charitable aid from any private sources, it being supported by appropriations of Congress.

Senator FAULKNER. You mean to say that where boys are incorrigible in the States they can be sent to this Reform School?

Mr. CLAY. Oh, no; only incorrigible boys in the District of Columbia. They can be committed by United States courts for a misdemeanor or minor offense.

The second part of the first topic is, What are the needs of the institution? In this memorandum I have made a brief reply to that inquiry, under three heads: "(a) As to maintenance and running expenses the present appropriations are sufficient," except with one small exception. The law provides that the minor officials of the school, watchmen and the like, shall be appointed by the board of trustees (who are, of course, the best judges as to the needs of the institution), at salaries fixed by the board, subject to the approval of the Attorney-General. Yet for several years past the Appropriations Committee has failed to appropriate, by $300 or $400, a sufficient amount of money to pay all the salaries. Three or four years ago they provided for these watchmen, but did not appropriate sufficient money to pay them, and so the salaries had to be brought down to nineteen dollars and some cents instead of $22.50 per month. But aside from that the appropriations are sufficient.

The next answer to that topic is, "(b) As to buildings and improvements." The board has for some years recommended an appropriation for an assembly hall or chapel structure. There is no urgent need of this, but it should be provided for as soon as financial conditions warrant it. We have to take now the largest of our school rooms for this purpose, and that is not large enough. Every Sunday afternoon we have a religious service there. Many parents and friends of the boys come, and we have the room very full. Then, of course, holding the religious services in that sort of a room does not teach the boys the proper respect for the services, and they do not have the same effect that they would have if they were held in a room specially designed for the purpose. These are the material needs of the school.

Then we come to the next answer under this topic of needs of the institution, which is, "(c) As to additional legislation." The board has for years been of the opinion that the discharge from the school should be a limited, not an absolute, one; that Congress should be asked to provide by legislation for such control by the board of trustees of the boys after discharge as will enable it to reclaim and return to the school any boy who, by his bad conduct, shows himself amenable to recommitment. This control is given to institutions of like character in many of the States, and is found to work very satisfactorily. As long ago as the first session of the Fiftieth Congress, in 1888, Congress was asked to legislate in this direction, and a bill was favorably reported in the House at that session, but not passed. This recommendation of

the board has been brought to the attention of Congress by the Attorney-General in his annual report for several years. Now, when we discharge a boy we have no control over him. We may institute inquiries as to how he is getting along, make inquiries through those interested in the boy, or otherwise, but if we find him going to the bad we can not do anything. In Pennsylvania the reformatory keeps a record of boys discharged, as to their conduct, and if, in a certain period, one is going wrong, it can bring him back to the school and take charge of him. For several years back the Attorneys-General have thought-Mr. Harmon did that that sort of legislation would be a very good thing to have.

The next topic is, "Management of the school and extent of the supervision exercised by the Department of Justice." That shows two topics-management of the school and supervision exercised by the Department of Justice. The answer to that is: The earlier acts under which the Reform School was organized placed it under the control of the Secretary of the Interior, who was directed to set apart a location for it on what was then known as the Government farm. This site proving unhealthy, in the year 1872 Congress made an appropriation for the purchase of the present site and the erection of necessary buildings; the title to the land then bought and the 116 acres subsequently purchased, in all 366 acres, was vested in the United States. The United States owns the lands in fee simple. In the same year Congress also enacted that "all and singular the powers conferred and duties enjoined by existing laws upon the Secretary of the Interior, relating to the imprisonment or discharge of convicted offenders against the laws of the United States, or to the Reform School and jail in the District of Columbia, be, and the same are hereby, transferred to the Department of Justice."

The subsequent act of May 3, 1876, amending the various acts relating to the school, shows more in detail the authority of the Attorney-General over the affairs of the school. The trustees are appointed by the President upon his recommendation; officials appointed by the board of trustees have their appointment and compensation made subject to his approval; the bond which the superintendent is required to give before entering upon the duties of his office must also be approved by him; and it is to the Attorney-General that the trustees make their annual report, accompanied by that of the superintendent, treasurer, and other subordinate officers. Attorneys-General since this act took effect have personally visited the institution at proper times and been personally cognizant of its workings. It may further be said in this connection that the chief clerk of the Department of Justice has since 1887 served as one of the board of trustees, having been placed on that board upon the recommendation of the Attorney-General, primarily that the Department of Justice might keep informed of everything in connection with the school, and he is now the president of that board. I do not know whether the committee wants to ask anything supplementary to this as to the control exercised by the Department of Justice. Representative PITNEY. How often, as a matter of fact, does the Attorney-General get an opportunity to visit the institution?

Mr. CLAY. Well, Mr. Harmon went out there once only in the two years that he was Attorney-General; I think only once.

Representative NORTHWAY. Does that cover the only supervision of the Department of Justice-those visits?

Mr. CLAY. Oh, no. The law gives to the President the appointment of the board of trustees upon the recommendation of the AttorneyS. Doc. 185-3

General. This board acts under the direction of the Attorney-General. He nominates the members of the board and the President appoints them. The moment this board in the exercise of its authority appoints anyone it has to report that to the Attorney-General and have him approve the salary, etc.

Kepresentative NORTHWAY. What supervision do the trustees have

over the school?

Mr. CLAY. They are the people who do the work of managing the school. They are out there from time to time and hold meetings regularly on the second Monday in each month. The trustees receive no compensation whatever.

Representative PITNEY. Where are these meetings of the board of trustees held?

Mr. CLAY. At the school except in exceptional cases, such as a special meeting (as we held yesterday in regard to this matter) which was held in the city, because it would have consumed too much time to go out to the school, but the regular meetings, which occur monthly, are held at the school. The visiting committee of the board may go out there a dozen times in a month, and all the boys are examined by this committee upon having earned their honors by attention to studies in their school and good behavior, and who have arrived at a point where it is feasible for the superintendent to recommend their discharge. The names of such boys are put in the monthly report and furnished to the visiting committee, which personally examines these boys.

Senator FAULKNER. How many members of the board are there? Mr. CLAY. Seven.

Senator FAULKNER. And how many members on the visiting committee?

Mr. CLAY. Two. Two of the trustees are selected to serve for each month in the year, and rotate alphabetically, one member dropping out each month and another substituted. Then there are standing committees that are always at work; a building committee; a finance committee, which scrutinizes accounts; and an executive committee, which of course takes charge of matters of administration; and the school is constantly under the supervision of the trustees.

Representative PITNEY. Are they all residents of Washington, Colonel Clay?

Mr. CLAY. Yes, sir.

Representative NORTHWAY. Are all the boys sentenced to the Reform School from the District?

Mr. CLAY. No, sir; 17 per cent of them come from outside the District. Representative NORTHWAY. From other States?

Mr. CLAY. Yes, sir.

Representative PITNEY. Seventeen per cent come by commitment by United States courts from outside. You do not know now what jurisdictions they come from?

Mr. CLAY. No, sir.

Representative PITNEY. How great a distance do they come?

Mr. CLAY. Some come from as far as Georgia and Tennessee, where there are no institutions of this kind closer at hand or cheaper to which they can be sent. We have one boy there from Utah. He was sent on a definite sentence for fifteen years, which ought not to have been done. Representative PITNEY. Under what authority of law does the president of the board commit boys to the school?

Mr. CLAY. Under the act of 1876, amending the previous laws as to the school.

Representative PITNEY. We can find the act.

Mr. CLAY. It was the act of May 3, 1876, section 8. That section provides:

And the president of the board of trustees may also commit to the Reform School such boys as are mentioned in the foregoing third and fourth clauses, upon application or complaint in writing of a parent, or guardian, or relative having charge of such boy, and upon such testimony in regard to the facts stated as shall be satisfactory to him; and for taking testimony in such cases, he is hereby empowered to administer oaths.

Representative PITNEY. He is given judicial functions for carrying on an inquiry as to the propriety of committing certain boys?

Mr. CLAY. Yes, sir; a parent comes and wants to know about putting a boy in the Reform School. I inquire why it is desired to put him there. The answer may be that he is stealing or that it is feared that he will soon be in the clutches of the police. If only one parent comes I ask where the other is living and for the name and address, stating that I will communicate with them further. Then I communicate with the police department and get a report from the precinct where the people live as to the boy's conduct. They may say, as they did in the last case that came to my notice, that the boy was known to the police and had been several times accused of theft and only kept from going before the court because on account of friendship for the boy's father it was not desired that he be prosecuted. So, in this way, by applying to the president of the board, a boy can be placed in the school without the publicity of a proceeding in court.

Representative NORTHWAY. The institution is reformatory and in no sense charitable?

Mr. CLAY. In no sense charitable.

Representative NORTHWAY. It exists according to terms of law? Mr. CLAY. The property belongs to the United States, the trustees holding the property in trust.

Representative NORTHWAY. All purchases and expenditures are made in accordance with law, are they?

Mr. CLAY. Yes, sir.

Representative PITNEY. What is the earliest age at which boys are committed?

Mr. CLAY. At about 10 years of age; but the law says any boy under 16 years.

Representative PITNEY. Are they held until they arrive at majority, or for a definite or indefinite time?

Mr. CLAY. That depends upon the boy's behavior. They are committed until they are 21, unless sooner reformed. Sometimes they are sent there with definite sentences.

Representative NORTHWAY. But the sentences are generally indefi

nite?

Mr. CLAY. Yes, sir; some come there from United States courts with definite sentences.

Representative NORTHWAY. Is anything known of the boys after they go away from the school?

Mr. CLAY. There is no provision of law about that; but I will come to that later on.

Representative PITNEY. How long on the average are the boys there? Mr. CLAY. Boys not sent there from United States courts with deter minate sentences would be there not less than twenty months. They can not get out in less time than that. If a boy went in there-a bright, intelligent boy-and behaved himself well, was attentive to his studies,

and got no demerits at all, he would earn his honors in about twenty months; but his discharge depends upon whether the superintendent shall consider him fully reformed, even if he has earned his honors, because there are bright boys who conform to the letter of the law, paying attention to their studies, and the sharper the little rascals are the less liable they are to get demerits; so while a boy may get no demerits, yet in heart he may not be reformed. That is where the contact with the teachers and close supervision of the matron come into play. They get to know the traits of character and idiosyncrasies of these boys and learn all about them. You ask the matron about this or that particular boy. She will say, "This little fellow is a fine boy," and "That one is a little rascal."

Representative PITNEY. Can you give any idea of the percentage of reforms?

Mr. CLAY. That will come a little later. Although we have no authority, we learn through friends or acquaintances, or by inquiry, what becomes of some of these boys and what they are doing. I had the superintendent-he had a very short time to do it in-make up a statement about that. He does not give their names, but refers to them by number. In his list there are 61 boys, whose whereabouts are perfectly well known to us, and we know how they are getting along since they left the school. One is foreman of our box shop out at the school, one is a minister of the gospel, several are in the Navy, and one or two are members of the metropolitan police force of Washington; one is at college, and so on down the list. There are others who have not been reported in this list. I met a boy on the cars a few days ago. He said, "You don't remember me, do you?" I said, "Yes; I remember you; you were out at the Reform School." He told me where he was employed; that he received so much a month. I asked him if his parents were living. He said, "No," and I asked how he took care of himself. He said, "I have $103 in the savings bank." I told him he was better off than many people who were making much more than he was.

The third question to be replied to is, Should the control be transferred to the District authorities? The reply is:

The Attorney-General being charged by law with matters relating to the imprisonment or discharge of convicted offenders against the laws of the United States as well as with matters relating to the Reform School and jail in the District of Columbia, it does not appear that any part of his duties in respect to these matters should be taken from him and put in other hands.

For some years after its incorporation no appropriation was made for support of the inmates of the Reform School, the District of Columbia paying a certain sum per week for such of its boys as were committed to the school. Shortly after the adoption of the present system of government for the District of Columbia, and agreeably to the plan of placing upon the District of Columbia the obligation of sharing with the General Government in the payment of certain expenses, appropriation was made for the support of inmates of the Reform School, onehalf to be paid by the District of Columbia. Appropriations have been so made annually since. This legislation simply provided a different method for paying for the support of such boys as should be sent to the school from the District of Columbia. Before that time the District of Columbia paid board for them.

By the act of June 4, 1880, it was provided that "one of the Commissioners of the District of Columbia, to be selected by the Board of

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