Evening star. [volume], April 19, 1946, Page A-5, Image 5

About Evening star. [volume] (Washington, D.C.) 1854-1972

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Text of Report on District Jail Inquiry
A - _A. ^_
(Continued From First Page.)
, amined by the United States at
torney for the District of Colum
bia, and urges that criminal
prosecution be instituted wher
ever the evidence warrants, and
that the full subject matter be
laid before the grand jury for
consideration and subsequent in
dictment of any person or per
sons guilty of violation of the
law under the criminal code.
At the very outset your com
mittee cannot bring too strongly
or forcibly to the attention of the
entire Congress the utter lack of
centralized control of the District
of Columbia government and
multiple divided responsibility
which destroys any weight or
prestige of authority intended
for any group or groups within
the unstable and unsatisfactory
stricture, for the control and op
eration of the District of Colum
bia municipal government and a
complete lack of a definite and
centralized authority.
■This octopus of divided respon
sibility finds its tentacles stran
gulating all hope of authority
which might offer a solution to
this immediate problem and
other problems which might arise
from time to time. Basically
and fundamentally your commit
tee finds that once again this
lack of responsibility and direct
authority which are the offspring
of the laws which have been en
acted by the Congress for the
operation of the District govern
ment, can be charged with the
two-headed monster now threat
ening the welfare of the District
of Columbia, as a result of which
there cannot be safe incarcera
tion of the criminals.
Congress Held Fundamentally
Responsible for Conditions.
While the conditions which
exist cannot be said to be the
direct responsibility of the Con
gress, it can be said that the
ultimate existing conditions un
doubtedly are traceable to the
fundamental responsibility of
Congress in enacting proper leg
islation for the government of
the District of Columbia.
The issue is clear-cut. Con
gress, if it insists upon control
of the District of Columbia gov
ernment, must accept its full
responsibility, and its members
must discharge their duties by
giving proper weight and con
sideration to the problems of the
District.
If it is not the desire of the
Congress to accept that respon
sibility and discharge its duty in
the fullest, then it most certainly
is incumbent upon Congress to
divorce itself entirely of the re
sponsibility for the District gov
ernment and vest that respon
sibility and authority in the cit
izens of the District of Columbia,
who then can be held directly
responsible for the conduct of
the District government.
Your committee has found that
the present difficulties in the
District of Columbia penal sys
tem stem partially from certain
basic shortcomings in the organ
izational structure and a just
commensurate financial support
of the District government, and
partially from the failure of the
Board of Public Welfare, which
is the cognizant authority in the
control of the penal institutions
in the District of Columbia, to
comply with fundamental peno
logical procedures and standards.
Much as it may be desirable to
change some of the basic philos
ophies underlying the District
government and its relation to
the Congress, your committee
feels it is not necessary to await
these reforms before placing its
prison system on a basis where it
will fully protect the public and
faithfully and undeviatingly
carry out the orders of the courts.
It is in this light that your com
mittee makes the following ob
servations on the background and
causes of the breakdown in the
District penal system, and
strongly recommends for both a
long-range program of improve
ment and for coping with imme
diate problems.
DEFECTS IN THE DISTRICT
OF COLUMBIA PENAL
SYSTEM.
From the evidence developed by
the committee it is obvious that
the existing situation is due to:
1. DEMORALIZATION OF
PERSONNEL:
This is the outgrowth of the
shortcomings set forth below,
some of which are of long stand
ing. These have been aggravatecT
by recent conflicts in the District
penal organizations, and super
vision, lack of leadership, con
fusion and wartime shortages
and handicaps. The demoraliza- j
tion extends to guards and offi
cials alike. This breakdown of
morale is, of course, quickly
translated into vacillation, in
efficiency, and provides opportu
nity for illegal activities.
Deplorable Lack of
Discipline Charged.
Your committee has found a
deplorable lack of discipline and
recognition of authority in the
guard personnel of the District
Jail. This breakdown of morale
and discipline has resulted from
small infractions of general rules
of discipline which at the moment
perhaps were not of great im
portance, but which subsequently
developed into a pattern of the
whole which brought about utter
chaos and confusion.
Because of the lack of well
defined authority and recognition
of that authority discipline was
not only broken down to a low
level, but it reflected itself also
in the high levels of the per
sonnel of the jail. Only by reason
of sufficient loyal and honest
guard and other jail personnel a
general breakdown and catas
trophe has been avoided.
Your committee found a com
plete lack of follow-through on
orders and regulations and a lax
ity in directional discipline, which
is expressed throughout the entire
custodial system.
On an examination of the pub
lic hearings you will find repeated
assumptions on the part of the
executive officers which instead
of assumptions there should have
been meticulous and continuous
supervision and discipline.
2. DIVIDEND RESPONSIBIL
ITY AND HESITANCY IN A
FIELD OF LAW ENFORCEMENT
WHERE DECISION AND
FORTHRIGHT ACTION ARE
INDISPENSABLE:
These have been so apparent
and obvious throughout the hear
ings that they need no further
elaboration here, although it is
well that the hearings be studied
and the testimony of the wit
nesses examined, which indicate
that for the most part nobody
* ‘ ]
I
REPRESENTATIVE HEBERT,
Makes Report Public.
with or without authority knew
in which direction to go to keep
high levels in definite responsibil
ity and instruction.
3. INSUFFICIENT, UNDER
PAID, INADEQUATELY
TRAINED, AND (IN A PEW
CASES) VENAL PERSONNEL:
The allowance for personnel
at the jail has not kept pace with
the growth of the jail and the
problems caused by patching up
the jail and widening its use
not only for misdemeanants and
felons awaiting trial, but for
women aad those serving sen
tence or awaiting action on ap
peals. Rapid turnover of per
sonnel during the war and the
fact that approximately 60 per
cent of the emlpoyes are tem
porary, war-service appointees,
indicates the problem the insti
tution has faced. Salaries of
guards are not only below those
paid policemen and others en
gaged in similar work, but are
at least one grade below those
paid in the Federal system for
similar work. Competent jail
personnel should be upgraded,
and the incompetent dismissed.
4. PLANT AND STRUCTUR
AL WEAKNESSES:
While the plant and structure
of the jail are no real excuse
for the escapes, it is nonetheless
true that the jail especially is
the result of short-sighted,
hodge-podge planning and fail
ure to make repairs and
strengthen weak points which
were or should have been ob
vious.
In this connection your com
mittee desires to emphasize the
fact that while the plant and
structural weaknesses are evi
dent, not one of the jail breaks
would have occurred had there
not been a failure of the per
sonnel. In other words, as weak
as the physical structure of the
institution is, the escaped felons
could not have succeeded in their
plan of escape if the human ele
ment failure had not first en
tered into the picture.
5. LACK OF DEFINITE POLI
CIES AND REGULATIONS
COVERING ADMINISTRATION
OF INSTITUTIONS, CONDUCT
OF PERSONNEL, AND CON
TROL OF INMATES:
These have never been re
duced to writing in any logical
manner and such as do exist
have been to take care of imme
diate crises or cure some tempo
rary conditions.
6. DEFICIENCIES AND
SHORTCOMINGS IN BROAD
PROGRAM FOR CLASSIFICA
TION, REHABILIT ATION,
MEDICAL TREATMENT, EM
PLOYMENT AND TRAINING
OF PRISONERS:
Although your committee has
laid stress in its investigations
upon escapes and improper su
pervision of prisoners, there exist
as glaring weaknesses and defi
ciencies in the program for re
habilitation and retraining pris
oners. Both personnel and fac
ilities are lacking for a well
rounded program which would
provide the essential information
about the individual prisoner and
for providing inmates with the
vocational and educational train
ing, productive employment,
medical and psychiatric Services,
and the parole preparation re
quired to return prisoners to the
community better equipped to
lead a law abiding life.
7. ABSENCE OP SUBSTAN
TIVE LAW SETTING FORTH
SPECIFICALLY THE DUTIES,
RESPONSIBILITIES, JURIS
DICTION AND AIMS OF THE
PENAL SYSTEM AND OF ITS
ADMINISTRATIVE AND SUB
ORDINATE PERSONNEL:
The District penal system, and
particularly the jail, has had a
“topsy-like” growth out of many
laws, appropriation riders and
Federal statutes without any
codification or modernization of
these laws. The jail, for instance,
has passed in succession through
the hands of the United States
marshal, the President, the In
terior Department, the Attorney
General, the Supreme Court for
the District and finally the Board
of Public Welfare. Many of these
old laws are still applicable in
part and should be revised, codi
fied and amended.
REMEDIAL MEASURES.
The correction of all of these
deficiencies and providing a com
plete answer for all of the Dis
trict’s penal problems cannot be
accomplished overnight or by leg
islative fiat. The situation in the
District is complicated not only
by the fact that the penal sys
tem must handle all offenders
from the most petty, usually
taken care of by municipal au
thorities, to the most serious of
fenders, ordinarily the responsi
bility of the State. The intricate
relationship in the District be
tween the local and Federal
Government in the field of law
enforcement and judicial admin
istration adds immeasurably to
the difficulty of finding clear-cut
lines of action and logical co
ordination and integration of fa
cilities and methods. Your com
mittee therefore recommends two
courses of action, one directed to
ward interim measures and im
mediate remedies and the other
looking to a long-range program
of improvement.
RECOMMENDATION FOR
INTERIM ACTION.
1. JOINT ACTION BY THE
COMMISSIONERS AND THE
BOARD OF PUBLIC WELFARE
ESTABLISHING A DEPART
MENT OF CORRECTIONS AND
DELEGATING TO THE HEAD
OF THIS NEW DIVISION ALL
NECESSARY POWER AND AU
THORITY FOR THE ADMINIS
TRATION OF THE DISTRICT’S
PENAL INSTITUTIONS.
The Board of Public Welfare
would under this plan retain only
advisory responsibility for broad
V
penal and rehabilitation policies
and the Commissioners would, of
course, continue to retain their
general executive powers over the
corrections department and see
that it was efficiently, economi
cally, honestly and Intelligently
operated.
But all administrative details,
Including selection, advancement
and discipline of personnel, pro
mulgation of rules and regula
tions, upkeep of plant, main
tenance of control and discipline
of inmates and development of
the details of the inmate treat
ment program, would be left in
the hands of the Department of
Corrections. All of this could be
accomplished immediately and
without legislative action.
Obviously, to accomplish this
without legislative action, imme
diately and for the immediate
safety of the community there
must be full co-operation and
understanding between the
Board of Public Welfare and
the District of Columbia Com
missioners. They must be in full
agreement and accord and waive
all technicalities of legislative re
course in an effort to guarantee
immediately to the District of
Columbia in full protection from
escaped criminals.
In this connection your com
mittee strongly and emphatical
ly urges that:
2. PENDING FURTHER LEG
ISLATIVE ACTION AND SET
TLEMENT OF THE FINAL
STATUS OF THE PRESENT
GENERAL SUPERINTENDENT
OF PENAL INSTITUTIONS.
THE LOAN OF A COMPETENT
DIRECTOR OF THE NEW DE
PARTMENT OF CORRECTIONS
FROM THE FEDERAL PRISON
SYSTEM SHOULD BE OB
TAINED:
This individual, if obtained,
should be given Immediate au
thority to put into effect at once
all necessary changes in person
nel and in operations necessary
for the full protection of the
public.
The situation in the District of
Columbia institutions is critical
and it cannot be permitted to
continue without forthright and
competent leadership. Irrespec
tive of the outcome of the issues
regarding the present general
superintendent and their ulti
mate disposition, it is obvious
that this will require time, and
for the immediate future a com
petent director must be placed
in charge who has not been in
volved in any of the present diffi
culties. The Attorney General
has indicated he would be glad to
co-operate and would doubtless
make available some trained per
son if this could be consistent
with his responsibilities for the
Federal Prison System.
Calls Sperintendent’s
Usefulness at End.
In this connection, your com
mittee does not desire to discuss
or make any conclusions relative
to charges brought against the
present general superintendent,
but because of the very nature of
these charges and subsequent
developments, and the complete
breakdown of the morale and dis
cipline in the penal system, the
usefulness of the general super
intendent so far as the District
of Columbia penal institutions
are concerned, is at an end.
Your committee makes the ob
servation that regardless of the
ability of the present general
superintendent, an impasse has
arisen whereby he cannot under
any circumstances be continued
in the capacity of general super
intendent. Your committee is
also of the opinion that the pres
ent resident superintendent of
the jail has been made an un
willing and unwitting victim of
divided responsibility and lack of
co-ordination by his superiors in
the jail operation and custodial
practice.
He has been placed in the un
fortunate position of being called
upon to serve more than one
master, and at a loss to know and
to determine which one to serve
at the moment. This has re
sulted in a most unfortunte sit
uation, so far as he is concerned,
but at the same time Indicates
that he, too, cannot continue to
serve toward any useful end in
his present capacity. Your com
mittee, however, makes this ob
servation, that the present resi
dent superintendent has been
made a victim of circumstances
over which he had no control and
has suffered in his capacity as a
result of these circumstances.
3. CONTEMPORANEOUSLY
WITH THIS ACTION AND AS
A REASSURANCE TO THE
NEW DIRECTOR, THE PROPER
OFFICIALS WOULD REQUEST
AN EMERGENCY APPROPRIA
TION OF APPROXIMATELY
$300,000 TO BE IMMEDIATELY
AVAILABLE AND CONTINUE
AVAILABLE DURING THE
NEXT FISCAL YEAR:
This would .be used to
strengthen the more critical of
the existing structural weak
nesses in the District Jail, pro
vide additional personnel and re
■ classify salaries to the level of
of those applying to the Federal
system.
A. The tightening of the cus
todial features of the jail would
include:
1. A wire cyclone fence about
the jail and at least two guard
towers to cost about $42,000.
2. Sallyports, internal elec
trically controlled gates, grills
and bars, new locking devices,
to cost about $50,000.
3. Remodeling dining room and
visiting room facilities, to cost
about $25,000.
4. Control center, $12,000.
(5) Automatic alarm and in
ternal telephone system to oost
on rental basis about $6,000 per
year.
B. Increasing the number of
personnel at the jail to approxi
mately 120 forty-hour-week posts
would cost about $145,000 an
annually.
C. Reclassification of person
nel would cost about $20,000 an
nually.
All of the foregoing estimates
are tentative only and based on
•quickly assembled data. There
are other construction needs,
principally a new control corri
dor, which can be added later
as funds become available. Be
fore final decision as to the funds
needed is made the District au
thorities should be asked to sub
mit detailed budget estimates.
4. REVIEW AND REVISE IM
M E DI AT ELY RULES AND
REGULATIONS GOVERNING
THE CONDUCT OF THE PE
NAL INSTTTUTTONS.
It seems obvious that a new set
of policies and directives are ne
cessary covering security pro
cedures, disciplinary measures,
•
CLAUDE O. BOTKIN,
Dismissal Recommended.
visiting and correspondence priv
ileges, receipt of packages, in
spection of prisoners, assignment
of prisoners to work details,
searching of cells, operation of
commissary, etc.
5. ESTABLISHMENT OF DE
TAILED PROCEDURES FOR
HANDLING ESCAPES, DIS
TURBANCES AND OTHER
EMERGENCIES.
6. IN CO-OPERATION WITH
Federal system inaugu
rate AT ONCE A SYSTEM
ATIC COURSE FOR TRAINING
PERSONNEL:
This would include training in
handling of prisoners, use of
firearms, jiujitsu and defense
methods, control of keys and lock
ing devices, and attitudes toward
prisoners. In this connection an
immediate request should be
made of the Federal system and
its director for the loan of an ex
perienced officer to immediately
institute such training as indi
cated.
RECOMMENDATIONS FOR
LONG-RANGE ACTION.
In addition to the foregoing
recommendations which should
be implemented immediately,
there are a number of steps
which should be inaugurated for
future consideration by the Con
gress. These would include:
1. THE APPOINTMENT BY
THE CHAIRMAN OP THE DIS
TRICT OF COLUMBIA COM
MITTEE OF A SUBCOMMIT
TEE TO STUDY AND FORMU
LATE A PLAN FOR THE AD
MINISTRATION AND DEVEL
OPMENT OF THE DISTRICT
OF COLUMBIA PENAL SYS
TEM AND DRAFT THE NECES
SARY SUBSTANTIVE LAWS
FOR THE CONSIDERATION OF
THE CONGRESS:
This committee should be com
posed of a member of the Dis
trict of Columbia Committee, the
chief justice of the District Court
of the United States for the
District of Columbia, a represent
ative of the Attorney General,
preferably the director of the
United 8tates Bureau of Prisons;
a representative of the District
Commissioners, preferably the
corporation counsel, and a private
citisen of the District, preferably
the chairman of the Board of
Public Welfare.
It is suggested that this com
mittee be immediately appointed
to consider seriously the estab
lishment by law of a separate de
partment of corrections for the
District, reporting directly to the
Commissioners, and being directly
responsible to the Commissioners.
The law should carefully but in
fairly broad terms define the
powers and duties of the depart
ment of corrections, but within
this framework the director of
corrections should be given broad
general administrative responsi
bility for all operating details.
Should Consider All
Correction Plans.
In considering the structure to
be recommended for the District
the committee should consider
not only the policies and or
ganizational pattern followed by
the different States, but also the
corrections plan recommended by
the committee of senior United
States circuit judges for the Fed
eral Government and incorpo
rated in the bill (H. R. 2445) now
pending before the Judiciary
Committee. It is of the utmost
importance that the committee
should clarify existing statutes
relating to the payment by the
Federal Government for prison
ers held in or committed to Dis
trict institutions.
The committee should define by
statute who are District prisoners
and be handled and supported by
the District penal system, and,
define by statute those who are
to be charges of the Federal Gov
ernment, and provision should be
made for compensation by the
Federal Government to the Dis
trict of Columbia for their
custody.
The committee should also con
sider as within the purview of
its activities the need for organ
izing the District’s penal facil
ities, methods of treating alco
holic cases, a prison employment
and vocational training program,
the application of the indeter
minate sentencing procedure for
misdemeanants, the Integration
of the probation and parole sys
tems, and specialized procedures
for handling young, reformable
offenders, similar to the youth
correction methods followed in
California and other States.
Proper Legislation
Should Follow Report.
A definite requirement of this
committee should be that it
makes a report on its findings
in a period not to exceed two
weeks from the time of its ap
pointment. Your committee then
strongly urges that the proper
legislation, as recommended by
the committee, be immediately
prepared and introduced into the
Congress for prompt action.
Your committee feels strongly
in regard to obstacles placed in
the way of the efficient opera
tion not only of the penal insti
tutions, but of the metropolitan
police, by misunderstanding and
misconception of the functions of
the Civil Service Commission.
While your committee appre
ciates the value of the protection
of the individual under the civil
service laws of the Nation, it
cannot escape the fact that the
most efficient and effective police
force in the world today is the
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Federal Bureau of Investigation,
which is not hampered by the
restrictions of civil service.
The executive of the Police
Department should have full au
thority to select as police officers
those individuals he considers
most competent and able, to pro
tect the safety of the general
public and the enforcement of
the law and the apprehension of
its transgressors.
In submitting this report your
committee in ho way desires to
reflect upon the splendid civic
service being rendered by the
civic-conscious citizens who com
prise the Board of Public Wel
fares. The testimony before the
committee showed that not one
member of that board of public
spirited citizens, who serve with
out pay, has ever had any expe
rience in the operation and con
duct of penal institutions.
It is patent, therefore, that
while their desires and motives
are undoubtedly of the highest,
and certainly most laudable, they
cannot be expected to be experts
in a field of endeavor in which
they had had no previous expe
rience.
Urges Removal of Control
From Welfare Board.
Without Implying any criticism
of the present director of Public
Welfare, who is loaded with far
too many and diverse respon
sibilities, it seems obvious to this
committee that under no circum
stances should he, the director of
Public Welfare, be in charge of
the District Penal System.
We think further that matters
disclosed by the present inquiry
emphasize that under no circum
stances should the general su
perintendent of prisons, the res
ident superintendent of the jail,
or the director of public welfare
be a part of the administering or
custodial structure of the reme
dial plan for the penal system
recommended by your commit
tee.
Your committee is of the opin
ion, and emphatically so, that the
necessity of public safety and the
proper administration of the
penal institutions of the District
of Columbia are of far greater
importance than the clashing of
personalities Involved.
Your committee also empha
sizes the fact that it casts no re
flection on the honesty of the in
dividuals Involved, but must insist
that there be a general reorgan
ization, and the only manner in
which this can be acocmplished is
for the immediate appointment
of the trained and experienced
penal officer to be made available
by the director of the United
States Bureau of Prisons until
such time as permanent legisla
tion can be enacted into law and
future definite responsibility and
authority established.
Your committee also recognizes
the laxity of certain members of
the metropolitan police who were
assigned to guard duty in the City
Jail, which laxity and disregard
of instructions either directly or
indirectly contributed to two con-,
demned prisoners' escape from the
death cell. The committee de
plores the reprehensible laxity of
the two members of the metropol
itan polioe which directly con
tributed to the escape of the two
convicted murderers.
Police Chief Should Check
Force for Proper Personnel.
The major and superintendent
Of police of the Metropolitan
Police Force should therefore
make a complete survey of his
department and separate from
the service any individual officers
who do not meet the high stand
ards which should be justifiably
expected of police officers of the
District of Columbia.
Your committee in this in
stance re-emphasizes again the
misunderstanding of the major
and superintendent of the Metro
politan Police in relation to the
civil service regulations, and
urges that an immediate meet
ing be held with the proper au
thorities of the Civil Service
Commission in an effort to tem
per the strict sense of the law
with the application of common
sense in the public Interest.
Your committee is also of the
opinion that the Board of Com
missioners should have expedited
the disposition of charges pend
ing against the general superin
tendent of penal institutions,
which have contributed a great
deal to the over-all picture of
confusion which exists. The de
lay by the Commissioners was
most unfortunate and contributed
in no small measure to the gen
eral confusion.
Your committee unhesitatingly
accepted the grave responsibility
of conducting this public investi
gation. and just as unhesitatingly
discharges its duties by making
this report and recommendations,
but points out that unless the
recommendations as set forth are
acted upon immediately and
forthrightly, conditions which are
critioal will become more critical,
and therefore urges immediate
and prompt action.
Respectfully submitted,
OREN HARRIS,
J. M. COMBS,
SID SIMPSON,
JOSEPH O. O’HARA,
F. EDWARD HEBERT,
Chairman.
D. C. Jail
(Continued From First Page.)
the problems of the District.” If
Congress wishes to evade that re
sponsibility, the subcommittee said,
“then it most certainly is incumbent
upon Congress to divorce itself en
tirely of the responsibility for the
District government and vest that
responsibility and authority in the
citizens of the District.”
In recommending the new depart
ment of corrections, the subcommit
tee said:
“The Board of Public Welfare
would under this plan retain only
advisory responsibility for broad
penal and rehabilitation policies and
the Commissioners would, of course,
continue to retain their general
executive powers over the correction
department and see that it was effi
ciently, economically, honestly and
intelligently operated.
“But all administrative details, in
cluding selection, advancement and
discipline of personnel, promulga
tion of rules and regulations, upkeep
of plant, maintenance of control and
discipline of inmates, and develop
ment of the details of the Inmate
treatment program, would be left in
the hands of the department of cor
rections.
Legislative Action Not Needed.
“All of this could be accomplished
immediately and without legislative
action.
"Obviously, to accomplish this
without legislative action, imme
diately and for the immediate
safety of the community, there must
be full co-operation and under
standing between the Board of
Public Welfare and the District of
Columbia Commissioners. They
must be in full agreement and ac
cord and waive all technicalities of
legislative recourse in an effort to
guarantee immediately to the Dis
trict of Columbia its full protec
tion from escaped criminals.”
Proposing the "loan” of a tempo
rary director of corrections from
the Federal prisons system, the sub
committee added: “This individ
ual, if obtained, should be given
immediate authority to put into
effect at once all necessary changes
in personnel and in operations nec
essary for the full protection of the
public.
“The situation in the District
of Columbia institutions is criti
cal and it cannot be permitted to
continue without forthright and
competent leadership.”
Gill’s Usefulness Held at End.
It was pointed out that the At
torney General had indicated he
would be glad to co-operate and
undoubtedly would make available
some trained person to direct local
prisons.
The committee said it did not de
sire to discuss or make any conclu
sions regarding the charges against
Mr. Gill. Yet, the report added, “be
cause of the very nature of these
charges and subsequent develop
ments, and the complete breakdown
of the morale and discipline in the
penal system, the usefulness of the
general superintendent so far as the
District of Columbia penal institu
tions are concerned is at an end.”
The report added: “Your com
mittee makes the observation thgi
regardless of the ability of the pres
ent general superintendent, an im
passe has arisen whereby he cannot
under any circumstances be con
tinued in the capacity of general
superintendent.
"Your committee is also of the
opinion that the present resident
superintendent of the jail has been
made an unwilling and unwitting
victim of divided responsibility and
lack of co-ordination by his superiors
in the jail operation and custodial
practice. He has been placed in the
unfortunate position of being called
upon to serve more than one master
and at a loss to know and to de
termine which one to serve at the
moment.
Situation Called Unfortunate.
“This has resulted in a most un
fortunate situation, so far as he is
concerned, but at the same time
indicates that he, too, cannot con
tinue to serve toward any useful end
in his present capacity. Your com
mittee, however, makes this observa
tion, that the present resident su
perintendent has been made a vic
tim of circumstances over which he
had no control and has suffered In
his capacity as a result of these
circumstances.”
The report assailed “divided re
sponsibility and hesitancy In a field
of law enforcement where decision
and forthright action are indis
pensible."
It was stated:
“This octopus of divided respon
sibility finds its tentacles strangulat
ing all hope of authority which
might offer a solution to this im
mediate problem and other prob
lems which arise from time to time.
"Basically and fundamentally
your committee finds that once
again this lack of responsibility
and direct authority which are the
offspring of the laws which have
been enacted by Congress for the
operation of the District govern
ment can be charged with the two
headed monster now threatening
the welfare of the District of Co
lumbia, as a result of which there
cannot be safe incarceration of the
criminals.”
The subcommittee found that
present difficulties in the penal
system “stem partially from certain
basic shortcomings in the organi
zational structure and a just com
mensurate financial support of the
District government, and partially
from the failure of the Board of
Public Welfare, which is the cog
nizant authority in the control of
the penal institutions, to comply
with fundamental penalogical pro
cedures and standards.”
Pointing out triat the changes in
the basic difficulties relating to the
administration of the District gov
ernment cannot be awaited, the re
port said the prison system mean
while could be placed on a basis
“where it can fully protect the pub
lic and faithfully and undeviatingly
carry out the orders of the courts.” i
The committee found “a deplor
able lack of discipline and recogni
tion of authority in the guard per
sonnel of the District Jail.” This
breakdown of morale and discip
line, it was added, “has resulted
from small infractions of general
rules of discipline which at the mo
ment were not perhaps of great im
portance but which subsequentl'
developed into a pattern of the
whole which brought about utter
chaos and confusion."
In speaking of insufficient, under
paid, inadequately trained and (in a
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few cases) venal personnel, the com
mittee pointed out that salaries of
guards not only were below those
paid policemen and others engaged
in similar work, but at least one
grade below those paid in the Fed
eral prison system.
"Competent jail personnel should
be upgraded and the incompetent
dismissed,” the committee said.
Shortsighted Planning.
“While the plan and structure of
the jail are no real excuse for the
escapes,” it added, "it was nonethe
less true that the jail is the result of
shortsighted, hodge-podge planning,
and failure to make repairs and
strengthen weak points which were
or should have been obvious.”
The subcommittee said it felt
strongly “in regard to obstacles
placed in the way of the efficient
operation not only of the penal in
stitutions, but of the Metropolitan
Police, by misunderstanding and
misconception of the functions of
the Civil Service Commission.” It
was added:
“While your committee appre
ciates tire value of the protection
of the individual under the civil
service'laws of the Nation, it can
not escape the fact that the most
efficient and effective police force
in the world today is the Federal
Bureau of Investigation, which is
not hampered by the restrictions
of civil service.”
Competent Guards Stressed.
It was held that the head of the
police department should have full
authority to select the most com
petent men he could get.
"In submitting this report,” it
was added, "your committee in no
way desires to reflect upon the,
splendid civic service being ren
dered by the civic-conscious citizens
who comprise the Board of Public
Welfare. The testimony before the
committee showed that not one
member of that board of public
spirited citizens, who serve without
pay, has ever had any experience
in the operation and conduct of
penal institutions. It is patent
therefore that while their desires
and motives are undoubtedly of
the highest and certainly most laud
able, they cannot be expected to
be experts In a field of endeavor
in which they have had no previ
ous experience.”
The Commissioners were criticized
for not expediting the disposition
of charges against Mr. Gill, "which
have contributed a great deal to
the overall picture of confusion
which exists.” The report added:
“The delay by the Commissioners
was most unfortunate and con
tributed in no small measure to
the general confusion.”
The emergency appropriation
which the subcommittee suggested
would be used to build a wire fence
about the jail and at least two guard
towers and to make a number of
other structural improvements. An
automatic alarm and internal tele
phone system would be part of the
program.
Jail personnel would be increased
to approximately 120, which would
cost about $145,000 a year. It was
estimated that reclassifying salaries
would cost no more at the outset
than $20,000 annually.
In addition to the chairman, the
investigating subcommittee included
Representative Harris. Democrat, of
Arkansas; Combs, Democrat, of
Texas; Simpson, Republican, of Il
linois, and O’Hara, Repuublican, of
Minnesota.
Gill
^Continued From First Page.)
tration or D. C. penal institutions.”
pie report called for designation
of a temporary superintendent by
the Federal Bureau of Prisons pend
ing establishment 9f a city depart
ment of corrections. It recom
mended dismissal of Mr. Gill, who
has just been tried by a special
three-man non-official board on in
efficiency, incompetency and insub
ordination by the Board of Public
Welfare, and of Jail Supt. Claude O.
Botkin.
The subcommittee also insisted its
recommendations had no bearing on
the findings of Mr. Gill's trial board
headed by Walter M. Bastian, prom
inent Washington attorney.
Commisisoner Guy Mason took a
similar attitude, pointing out that
the one resulted from an investi
gation of the jail administration
while the other findings would be
based on specific charges.
Charles V. Morris, secretary of
the corrections division of the Coun
cil of Social Agencies, supported the
congressional recommendation for a
separate department of corrections,
but said the District “would be los
ing one of the best penologists in
the country” if it fires Mr. Gill.
The congressional committee
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flouted civil service rules requiring
dismissal for cause when it said Mr.
Gill should go "just because of an
impasse,” he charged. Taking th<
administration of penal systems
from the Board of Public Welfare
would remove the "impasse” over
penal administration, he said. ;
It was "unfortunate,” Mr. Morris
added, that the congressional com
mittee made its recommendations
before any inquiry board hearing
charges of inefficiency against Mr,
Gill had reported its findings.
Prancis W. Hill, member of the
inquiry board which conducted g
seven weeks’ hearing on the charges,
said he did not believe the Commis
sioners could dismiss Mr. Gill with
out, at least, considering the recom
mendations of the inquiry board. '
Civil service rules do not require •
a hearing on charges used as a basis
for dismissal, but when the em-,
ployer has gone beyond the written
rules and accepted the right to a,
hearing “I don’t see how the em
ployer then could act before the
recommendations are in,” he com
mented.
Corrections Department Urged.
Mr. Morris, observing that he had
give “a great deal of study to the
District’s penal problem.” said he
believed a corrections department
responsible to the commissioners
would eliminate the conflicting re
sponsibility that has created the
difficulties in which the penal sys
tem is enmeshed.
Edgar Morris, chairman of the
Welfare Board, could not be reached
for comment on the recommenda
tion taking administration of the
penal system away from his group.'
A. Harding Paul, vice chairman,
who has fought for continuation of
the present system to "give the pub
lic a say" in the operation of its*
institutions, said he preferred to
read the report before commenting.
The District Commissioners will
receive Monday a recommendation
either for removal or reinstate
ment of Mr. Gill from the inquiry
board that began hearings two
months ago on charges of Ineffi
ciency filed by the Board of Public
Welfare.
Mr. Bastian. chairman, announced
today that the Inquiry board has
reached its verdict but would make
no announcement of its decision.
The findings will be written out
today and tomorrow, and copies will
be sent to the Commissioners and
attorneys in the hearing, who can
make them public, Mr. Bastian said.
Civil Service feulee Govern.
The possibility that the inquiry
board’s recommendation might dif
fer from the congressional jail rec
ommendations is of no concern to
Mr. Bastian, he declared. The In
quiry board is operating under Civil
Service regulations and in any case
it is up to the Commissioners to
make the final decision for removal
or reinstatement, the chairman
pointed out.
Defense Attorney John J. Wilson
pressed for an early report when
the hearings closed last Friday so
that Congress could have the “bene
fit of the thorough Investigation” of
the charges ordered by the Commis
sioners.
Suspension of Mr. Gill by the Wel
fare Board followed the escape of
five. felons from the District Jail
November 24, but the charges of In
efficiency, insubordination and vio
lation of Welfare Board regulations
were not connected with the escapes.
Out of 16 original charges, three
have been abandoned by the Wel
fare Board and one droppef by the
inquiry board. The Civil Service
Commission ruled that six of the
charges were not sufficiently specific
to support removal proceedings. T2m
inquiry board, however, heard all of
them.
Marine Charged in Theft
After Capture by Guard
Rex Earl Shaffer, 20, Marine, sta
tioned at the Naval Gun Factory,
was charged with housebreaking and
grand larceny today in connection
with theft of rings and bracelets
valued at $175 from The Gift Shop,
514 Tenth street N.W., where he was
captured last night by a guard sta
tioned in the Lincoln Museum, across
the street.
The guard, Joseph P. Eaglin, 30,
colored, 1153 Sumner road S.E., told
his superiors that at 3:10 am., he
heard the crash of glass and looked
across the street to see a man, whom
he identified as Shaffer, breaking
into the store through a smashed
window.
Mr. Eaglin said that when Shaffer
refused to obey a challenge to halt,
he brought him Into the museum,
together with the loot. The guard
then telephoned Park Police.