she juvenile would inevitably come into contact with them and suffer the same type of treatment as they do, would in effect stamp the case of the juvenile as a criminal case except insofar as his records would be protected from public disclosure. In such criminal prosecutions, Constitutional safeguards must be vouchsafed the accused.
It is a basic rule of statutory construction, however, that where legislation as drawn may be susceptible of two interpretations, by one of which grave and doubtful Constitutional questions arise, and by the other of which such questions are avoided, it is the Court's duty to adopt the latter construction. United States v. Rumely, 1953, 345 U.S. 41, 73 S. Ct. 543, 97 L. Ed. 770.
In light of the history of the manner in which Congress has dealt with erring youths in the Juvenile Court Act, D.C.Code, § 11-901 et seq., indicating no purpose to stamp the juvenile with criminal conviction, D.C.Code, § 11-929, except in extreme cases where waivers are made by the Juvenile Court, D.C.Code, § 11-914, it is reasonable to interpret the Act of Congress conferring authority on the Attorney General to designate places of confinement as intended to be limited to those where special facilities are provided for training and care, somewhat comparable to those of the National Training School for Boys, but with closer supervision where necessary for those that may prove to be otherwise intractable. In the absence of evidence to the contrary, the Court must assume the Attorney General will follow this interpretation. The transfer of a youth committed by Juvenile Court to the Medical Center for Federal Prisoners at Springfield, Missouri, as in Riley v. Pescor, D.C.Mo.1945, 63 F.Supp. 1, may be justified under this view if the Center provides necessary medical facilities not otherwise available and special provision is made for training and treatment of the youth, if not physically incapacitated, similar to facilities available at the Training School. Cases such as Harwood v. State ex rel. Pillars, 1947, 184 Tenn. 515, 201 S.W.2d 672, holding a person committed by Juvenile Court to a State Vocational School may be transferred to the State Penitentiary, can only be reconciled on the theory that Juvenile Court proceedings there are criminal and penal in nature, since the statute there in question provided for transfer of any incorrigible girl over fifteen years of age 'who was regularly convicted of a felony.'
From what has been stated, the District of Columbia Jail is not a proper place for the continued detention of petitioner. His detention there from April 23 to October 13, 1954, was lawful, since it arose out of criminal charges preferred against him in this Court. Since October 13, 1954, he has been held under the parole violation warrant based on the commitment of August 15, 1952. While a juvenile properly held in jail for a time may be further held there pending determination of the institution to which he shall be transferred, the transfer much be made with reasonable dispatch.
Accordingly, the writ of habeas corpus will be discharged, without prejudice to its being renewed unless the Attorney General has within ten days designated that petitioner be transferred to the National Training School for Boys or transferred to an institution with similar facilities.
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