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THE JUVENILE COURT RECORD

diciary committee on February 28, 1917, that went beyond all our expectations; we not only had the support outlined above, but the probate judges themselves rose up to be counted as in favor with the rest; the probate judges present were the legislative committee of the state probate assembly, and are the pick of the 113 probate judges of the state; one of their number, Judge L. P. Waldo Marvin, of Hartford, has rendered invaluable assistance to the writer in the different drafts presented, helping to arrange and co-ordinate such a children's court to the probate district plan of our state.

Invaluable assistance was also rendered during our work of the 1915 session for the children's court bill by Miss Julia Lathrop, of the children's bureau, who kindly furnished each member of the then judiciary committee with the 1914 report to the attorney general of the committee, of which she was a member with Hon. Bernard Flexner and others, appointed for the purpose of redrafting the District of Columbia juvenile court law; a pamphlet that not only contains the draft submitted, but also discussions of the work and legal citations of invaluable assistance to any lawyer or other person interested in this work. And it was with a very great sense of thankfulness and gratitude that the writer was informed by certain members of the 1917 judiciary committee who served on the same committee at the 1915 session, that they had the copies Miss Lathrop sent them; six out of a committee of thirteen being the same members at both sessions. In addition to the above we have had letters of encouragement and endorsement from Hon. Bernard Flexner, of Chicago, and from Judges Lindsey, of Denver, and Hadden, of Cleveland, Ohio, probate court which were presented to the committee.

Another important feature of this work during the last two sessions including this present 1917 session has been a juvenile court exhibit that has been kept and maintained in the lobby of the state capitol during a period of six to eight weeks at both sessions, reproductions of which can be seen on another page of this issue.

And before discussing this feature further, the writer wants to make public acknowledgment of the services rendered in this work by one who has done far more in carrying it on than the writer himself; the writer has tried. to take care of the legal end of the work as best his experience and his knowledge of the work would allow, but to his wife, Mrs. William H. Macdonald, is not only he indebted, but the children of Connecticut will also be indebted if this bill becomes a law; her efforts and labor have been untiring, her ingenuity unsurpassed, her love and prayers for the work unceasing.

Together a few years ago we went across the continent to a national convention of the National Congress of Mothers, in Denver in 1910; and while there we met and twice visited the court of that great and noble man and diviner of children's hearts and minds, Ben B. Lindsey, and we came away with our minds made up that we had much to learn, but determined to do something for the children of our own state.

Together we have labored down through the years since, each taking an interest in the work of the other, and each became more and more convinced of the iniquity and injustice of allowing the dependent, neglected and delinquent child of Connecticut to be treated and cared for in the criminal court; experiences in the criminal courts of our state, both the high and low courts, in which the writer was engaged, and in handling of which the writer always felt that he needed the counsel and assistance of the one who stood always ready to help silently and unseen or unheralded, taught us both lessons of the cruelty and oppression to which these children were subjected by our criminal courts and those in authority; taught us how little difference in treatment there was between the child and adult; in all our experiences, one has had the benefit of the legal perspective, while the other has had the view of the mother heart toward God's little ones; and so far as the writer's experience in this work is concerned, he can ascribe credit to no? other agency to the extent that is dues. to his wife, and in making this statement there is no purpose or desire to

detract from other women who have also worked hard for the accomplishment of this purpose.

It was through her efforts in enlisting the interest of the owners of our largest department store, that she secured the movable frame for holding the charts, which was and has been freely loaned for the purpose; it was through her talks with her washwoman that she learned that she had a little boy 15 or 16 years of age who could make some of these charts shown; and in this connection especial attention should be directed to the charts this boy made or copied, "Disturbing the Public Peace"; "Earthbound"; "Justice"; and numerous others such as the rules for probationers, and others; it was through her efforts that many clubs of the Connecticut Congress of Mothers were interested, for during several years of service as state organizer, and state magazine chairman of the Connecticut Congress of Mothers, she never failed to bring this matter to their attention; it was also through many, many hours of reading and searching of magazines, books and publications that she was able to secure the articles, data, pictures and materials for these charts and other propaganda work; her understanding of publicity and public press work has enabled her to secure for the work the needed publicity and space; the charts have been of the greatest educational value during the last two sessions, and either Mrs. Macdonald or the writer have tried to be there in the lobby of the capitol daily during session days, giving out printed material and explaining the charts and work. Standing as it does near the public telephone booths in the lobby, and at the foot of the stairs that lead from the house and senate, it has been a vantage point to reach the legislators and public too.

The arrangement of the charts, and the appeal made by the pictures as well as the charts, shows the mother's heart, and the soul that lies beneath it all; and in all this work, and during the times we have had to turn away from our judiciary committee after its adverse report, it has been comforting to hear her say, "We should not be discouraged, this is God's work, not ours, we must keep on doing the best we can, and by

and by perhaps He will raise up someone who will carry it forward successfully."

To the press are we greatly indebted for the help and assistance we have received; two years ago the Saturday Chronicle of New Haven, in its issue of March 13, 1915, printed a splendid article on the work unsolicited, in fact they solicited the article, so great was their interest; this year after the hearing before the judiciary committee, we received splendid articles from the Hartford Post in issues of both Feb. 28th and March 1st, and another lengthy article appeared in The Bridgeport Standard, of March 1st, as well as numerous smaller articles in other papers.

In closing I wish to quote from a reprint of Charities of some few years ago which seems apt and to the point:

"There is a double appeal to us all in the creation and maintenance of the children's courts. They call for the display of all the boundless wealth of our aggregated and personal charities, and they appeal to the economic side of our financial nature. It is easier and cheaper to prevent crime than to punish it; spacious and commodious reformatories and penal institutions should never be the subject of civic pride; it may never be possible to do without them, it is entirely possible to diminish the number of their inmates. The constructive genius that reared them to the skies and made them architectural ornaments can be superceded by the constructive work of the children's courts, which will build up and fashion the weak and erring and usually neglected child into a well developed moral, Christian man or woman; the work demands the earnest and sympathetic co-operation and interest of all people."

"It is not the will of your Father in Heaven that one of these little ones should perish."

SUBSTITUTE BILL REPORTED BY THE JUDICIARY COMMITTEE FOR SENATE BILL 142

AND ITS SUBSTITUTE. Section 1. In all criminal cases, where the defendant is a child under 14 years of age, except when such child is taken into custody in the act or upon speedy

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information, prosecution shall be commenced by summons and not by arrest unless the authority issuing the writ is of the opinion that the accused may abscond; but when the accused has failed to obey the summons, the accused may be arrested.

Sect. 2. In all cases where a child under 14 years of age is taken into custody or arrested, the accused shall be confined either in a detention house provided by any municipality, or placed in the care of some suitable person, some probation officer or charitable institution pending the disposition of the case by the court.

Sect. 3. Every town is authorized to provide or maintain detention homes for the holding or confining of children or such persons accused of crime as in the opinion of any judge or prosecutor are in need of reforming rather than punitive treatment. The courts in appointing probation officers, may choose (one)?, such officers with the view to special fitness to care for juvenile offenders.

Sect. 4. The superior courts, district court of Waterbury, courts of common pleas and police, town, city or borough courts and justices of the peace shall hear the criminal cases of all children under 18 years of age in chambers, in the case of the first prosecution, unless the offense charged is one that shall be punishable by imprisonment in the states prison or by the death penalty. Upon the second or subsequent prosecutions it shall lie within the discretion of the court hearing the prosecution whether the case shall be heard in chambers.

Sect. 5. The authority issuing writs in said courts shall have the discretion and power to commence criminal proceedings against defendants between the ages of 14 and 18 years of age by summons rather than by arrest, and shall have discretion and power to confine or detain such defendants in accordance with the provisions of Section 2.

Sect. 6. The said courts shall not make any public record of the first prosecution against a defendant under the age of 18 years unless there is a committment of an offense of so aggravated a nature as to necessitate a punishment by imprisonment or inflic

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Care of Delinquent and Dependent Children in Minnesota

I

By Arthur J. Todd

In Journal of Criminal Law and Criminology

N MANY respects Minnesota is far better off than other states with

regard to the care of delinquent and dependent children. But for some time past a considerable group of forwardlooking citizens in that state has been conscious of numerous gaps and soft spots in both the public and private systems of child care. Two years ago they made a sturdy attempt to impress the state legislature with the need of a child welfare commission to prepare the way of co-ordinating such work in the fields of legislation and administration. The state Committee on Social Legislation, judges of Juvenile Courts, Minneapolis Humane Society, Juvenile Protective League and many other organizations backed the project. But owing to the unaccountable but passionate objections of a few legislators it failed of passage. In spite of that fact, perhaps because of it, social workers became the more convinced that a children's code and a children's commission were necessary. This conviction grew stronger after a meeting between Minnesota delegates and child welfare experts from other states at the National Conference of Charities and Correction last May. Finally the governor decided to act, and appointed a voluntary Child Welfare Commission to serve without expense to the state. Its function is specifically "to revise and codify the laws of Minnesota relating to children.” Judge E. F. Waite of the Hennepin County Juvenile Court is its chairman. Other members include Mr. C. E. Vasaly of the State Board of Control and chairman of the Board of Parole. Judge G. M. Orr of the Ramsey County Juvenile Court, G. A. Merrill, Superintendent of the State Public School, T. D. O'Brien.

J. B. Sanborn, Otto W. Davis, A. L. Ward, Rabbi Rypins, Miss Agnes Peterson, Mrs. Robbins Gilman and Mrs. Andreas Ueland. The Commission is organized into four sub-committees; Generald Child Welfare, Defective Children, Dependent and Neglected Children, Delinquent Children.

From the standpoint of the criminalist the most important objectives of the first sub-committee will be its study of vital statistics, school attendance, control of recreation, and crimes against children; of the second, the feebleminded and epileptic, regulation of marriage, and sterilization; of the third, courts and procedure, illegitimacy, placing-out agencies, institutional homes, abandonment and desertion. The fourth will concentrate on courts and procedure, correctional institutions, moral safeguards and adults contributing to juvenile delinquency. Each committee has planned at least one public hearing before the opening of the legislature. One has already been held, at which attention was focused particularly on the treatment of illegitimates.

Considering the incoherence which characterizes the great mass of legislation for children in most of our states, the conflicts and ambiguities, the dead or obsolescent laws, the amendments upon amendments, the overlapping of jurisdiction, etc., the creation of this commission is to be commended as a notable step in the direction of economy and efficiency. Only a few feeble attempts have been made so far in the United States to clean house after this fashion. Thus the New York State Board of Charities' code of charity legislation, valuable as it was, relating to women and children prepared by private

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organizations for example, in California and Minnesota and such works as Bonsall's Social Laws of Pennsylvania, while of enormous service to social workers, lack the authority and precision of a real code. Likewise such studies as Capen's Poor Laws of Connecticut, or Brigg's Social Legislation in Iowa, are primarily historical investigations rather than definite guides to administration.

So far as I am aware we have nothing in this country to compare with say, the admirable Code de l'Enfance An

note (Annotated Children's Code) of Belgium prepared by Picard, Dansaert de Bailliencourt and Oliviers three years ago. The Minnesota Commission may not be able to complete its work in time for discussion and enactment by the next legislature, but it is to be hoped that it will receive such enthusiastic support that it can produce a code which will not only serve the needs of its own state, but also as a model to other states whose needs are at least as challenging, if not indeed far more pressing.

Patriotism and Child Poverty in Pennsylvania

A

By Judge Henry Neil

Father of Mothers' Pensions

Ta time when mothers are being asked to give their sons in defense

of the nation, and are so loyally responding to that request, it should be easy to induce the state legislature to provide the $800,000 needed to put the mothers' pension system on a better basis in Pennsylvania.

Red-blooded, patriotic and capable men are the product of normal home environment. They do not spring from the bogs of child poverty, under-feeding, enforced neglect and bad sanitation. Nothing has cursed and handicapped England during the present war crisis so much as the rank poverty she had permitted to accumulate in London, Liverpool and elsewhere, and which has repaid the state's official neglect with a crop of dwarfed and sickly men.

On the other hand, the German government is supported today by a population to which gross poverty and slum life have been unknown for more than a generation. Great and unforgivable as are its other faults, that government must be credited with having foreseen

that child poverty was a menace to the state, and with having prevented its development.

Pennsylvania took the right step in 1913 when its legislature established the principle of state responsibility for the support of dependent children in their own homes, with their own mothers. But the funds provided for mothers' pensions have never been either sufficient or properly distributed. There have always been large unused sums at the disposal of counties where but little child poverty prevails, while none could be had for hundreds of deserving and needy families in such centers as Philadelphia and Pittsburgh.

In other places, Illinois for instance, the money is used where it is required and not kept lying in idle reserve for counties which neither need nor want it.

Considerations of patriotic preparedness, of economy and of justice require an increase in the appropriation for mothers' pensions and a radical improvement in the methods of distribution.

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