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and the accused child is apparently or actually over the age of fourteen years, the court may, in its discretion, order the child to be proceeded against by indictment in the ordinary courts in accordance with the provisions of The Criminal Code in that behalf; but such course shall in no case be followed unless the court is of the opinion that the good of the child and the interest of the community demand it. The court may, in its discretion, at any time before any proceeding has been initiated against the child in the ordinary criminal courts, rescind an order so made.

8. Due notice of the hearing of any charge of delinquency shall be served on the parent or parents or the guardian of the child, or if there be neither parent nor guardian, or if the residence of the parent or parents or guardian be unknown, then on some near relative living in the city, town or country, if any there be, whose whereabouts is known, and any person so served shall have the right to be present at the hearing.

2. The judge may give directions as to the persons to be served under this section, and such directions shall be conclusive as to the sufficiency of any notice given in accordance therewith.

9. It shall be the duty of the clerk of the Juvenile Court to notify the probation officer or the chief probation officer, in advance, when any child is to be brought before the court for trial.

10. The trials of children shall take place without publicity and separately and apart from the trials of other accused persons, and at suitable times to be designated and appointed for that purpose.

2. Such trials may be held in the private office of the judge or in some other private room in the court house or municipal building, or in the detention home, or if no such room or place is available, then in the ordinary court room; provided that when held in the ordinary court room, an interval of half an hour must be allowed to elapse between the close of the trial or examination of any adult and the beginning of the trial of a child.

3. No report of the trial or other disposition of a charge against a child, in which the name of the child or of its parent or guardian is disclosed, shall, without the special leave of the judge, be published in any newspaper or other publication.

11. No child, pending a hearing under the provisions of this Act, shall be held in confinement in any county or other gaol or other place in which adults are or may be imprisoned, but shall be detained at a detention home or shelter used exclusively for children or under other charge approved of by the judge or, in his absence, by the sheriff, or, in the absence of both the judge and the sheriff, by the mayor or other chief magistrate of the city, town, county or place. 2. Any officer or person violating the provisions of the next preceding subsection shall be liable on summary conviction before a Juvenile Court or a justice to fine not exceeding one hundred dollars, or to imprisonment not exceeding thirty days, or to both fine and imprisonment.

3. The provisions of this section shall not apply to a child as to whom an order has been made pursuant to section 7 of this Act.

4. The provisions of this section shall not apply to a child apparently over the age of fourteen years who, in the opinion of the judge or, in his absence, of the sheriff or, in the absence of both the judge and the sheriff, of the mayor or other chief magistrate of the city, town, county or place, cannot safely be confined in any place other than a gaol or lock-up.

12. Where a warrant has issued for the arrest of a child, or where a child has been arrested without warrant, in a

county or district in which there is no detention home used exclusively for children, no incarceration of the child shall be made or had unless in the opinion of the judge of the court, or, in his absence, of the sheriff, or, in the absence of both the judge and the sheriff, of the mayor or other chief magistrate of the city, town, county or place, such course is necessary in order to insure the attendance of such child in court.

2. In order to avoid, if possible, such incarceration, the verbal or written promise of the person served with notice of the proceedings as aforesaid, or of any other proper person, to be responsible for the presence of such child when required, may be accepted; and in case such child fails to appear at such time or times as the court requires, the person or persons assuming responsibility as aforesaid, shall be deemed guilty of contempt of court, unless in the opinion of the court there is reasonable cause for such failure to appear.

13. Pending the hearing of a charge of delinquency the court may accept bail for the appearance of the child charged at the trial as in the case of other accused persons.

14. On the trial of a child the proceedings may, in the discretion of the judge, be as informal as the circumstances will permit, consistently with a due regard for a proper administration of justice.

15. When in a proceeding before a Juvenile Court a child of tender years who is called as a witness does not, in the opinion of the judge, understand the nature of an oath, the evidence of such child may be received, though not given under oath, if in the opinion of the judge such child is possessed of sufficient intelligence to justify the reception of the evidence and understands the duty of speaking the truth.

2. No person shall be convicted upon the evidence of a child of tender years not under oath unless such evidence is corroborated in some material respect.

16. In the case of a child proved to be a juvenile delinquent the court may adjourn the hearing from time to time for any definite or indefinite period; and may impose a fine not exceeding ten dollars, or may commit the child to the care or custody of a probation officer or of any other suitable person; or may allow the child to remain in its home, subject to the visitation of a probation officer, such child to report to the court or to the probation officer as often as may be required; or may cause the child to be placed in a suitable family home as a foster home, subject to the friendly supervision of a probation officer and the further order of the court; or may commit the child to the charge of any children's aid society, duly organized under an Act of the legislature of the province and approved by the Lieutenant Governor in Council, or, in any municipality in which there is no children's aid society, to the charge of the superintendent of neglected and dependent children for the province, if one there be, duly appointed under the authority of any such Act; or may commit the child, if a boy, to an industrial school for boys, or, if a girl, to an industrial school or refuge for girls, duly approved by the Lieutenant Governor in Council.

2 In every such case it shall be within the power of the court to make an order upon the parent or parents of the child, or upon the municipality to which it belongs, to contribute to its support such sum as the court may determine.

3. Every such child, whether allowed to remain at home or placed in a foster home, or if it be in any way committed, shall continue to be a ward of the court until it has been discharged as such ward by order of the court or has reached the age of twenty-one years; and the court may at any time. during the period, of wardship cause such child to be returned to the court for further or other proceedings, including dis

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that in a province in which there is a superintendent of neglected and dependent children appointed under the authority of any provincial statute, no child shall be released by the judge from an industrial school without a report from such superintendent recommending such release.

4. When a child is returned to the court for further or other proceedings as in the last preceding subsection provided, the court may deal with the case on the report of the probation officer in whose care such child has been placed, or of the secretary of a children's aid society, or of the superintendent of neglected and dependent children, or of the superintendent of the industrial school to which the child has been committed, without the necessity of hearing any further or other evidence.

5. The action taken shall, in every case, be that which the court is of opinion the child's own good and the best interests of the community require.

17. Whenever an order has been made under the next preceding section committing a child to a children's aid society, or to a superintendent of neglected and dependent children, or to an industrial school, if so ordered by the Secretary of the province, the child may thereafter be dealt with under the laws of the province in the same manner in all respects as if an order had been lawfully made in respect of a proceeding instituted under authority of a statute of the province; and from the date of the issuing of such order the child shall cease to be a ward of the court and, except for new offenses, it shall not be further dealt with under the provisions of this Act. The order of the Provincial Secretary may be made in advance and to apply to all cases of commitment mentioned in this section.

18. Where a child is proved to have been guilty of an offense for the commission of which a fine, damages or costs might in the case of an adult be imposed, and the court is of the opinion that the case would be best met by the imposition of a fine, damages or costs, whether with or without any other action, the court shall order that the fine, damages or costs awarded be paid by the parent or guardian of the child, instead of by the child, unless the court is satisfied that the parent or guardian cannot be found or that he has not conduced to the commission of the offense by neglecting to exercise due care of the child or otherwise.

2. Where a child is charged with any offence the court may order its parent or guardian to give security for its good behavior.

3. No order shall be made under this section without giving the parent or guardian an opportunity of being heard; but a parent or guardian who has been duly served with notice of the hearing pursuant to section 8 of this Act shall be deemed to have had such opportunity, notwithstanding the fact that he has failed to attend the hearing.

4. Any sum imposed and ordered to be paid by a parent or guardian under this or the previous sections may be recovered from him by distress or imprisonment in like manner as if the order had been made on the conviction of the parent or guardian of the offense in question.

5. A parent or guardian shall have the same right of appeal from an order made under the provisions of this section as if the order had been made on the conviction of the parent or guardian.

19. No Protestant child dealt with under this Act shall be committed to the care of any Roman Catholic children's aid society or be placed in any Roman Catholic family as its foster home; nor shall any Roman Catholic child dealt with under this Act be committed to the care of any Protestant children's aid society, or be placed in any Protestant family as its foster home; but this section shall not apply

to the placing of children in a temporary home or shelter for children, established under the authority of a statute of the province, or, in a municipality where there is but one children's aid society, to such children's aid society.

2. If a Protestant child is committed to the care of a Roman Catholic children's aid society or placed in a Roman Catholic family as its foster home or if a Roman Catholic child is committed to the care of a Protestant children's aid society or placed in a Protestant family as its foster home, contrary to the provisions of subsection 1 of this section, the court shall, on the application of any person in that behalf, make an order providing for the proper commitment or placing of the child pursuant to subsection 1 of this section.

20. No child, other than an infant in arms, shall be permitted to be present in court during the trial of any person charged with an offense or during any proceedings preliminary thereto, and if so present it shall be ordered to be removed unless it is the person charged with the alleged offense, or unless its presence is required, as a witness or otherwise, for the purposes of justice: Provided that this section shall not apply to messengers, clerks and other persons required to attend at any court for purposes connected with their employment.

21. It shall not be lawful to commit a juvenile delinquent apparently under the age of twelve years to any industrial school, unless and until an attempt has been made to reform such child in its own home or in a foster home or in the charge of a children's aid society, or of a superintendent of neglected and dependent children, and unless the court finds that the best interests of the child and the welfare of the community require such commitment.

22. No juvenile delinquent shall, under any circumstances, upon or after conviction, be sentenced to or incarcerated in any penitentiary, or county or other gaol, or police station, or any other place in which adults are or may be imprisoned.

2. This section shall not apply to a child who has been proceeded again under the provisions of section 7 of this Act.

23. There shall be in connection with the Juvenile Court a committee of citizens, serving without remuneration, to be known as "The Juvenile Court Committee."

2. When there is a children's aid society in a city or town in which this Act is in force, the committee of such society or a sub-committee thereof shall be the Juvenile Court Committee; and where there is both a Protestant and a Roman Catholic children's aid society then the committee of the Protestant children's aid society or a sub-committee thereof shall be the Juvenile Court Committee as regards Protestant children, and the committee of the Roman Catholic children's aid society or a sub-committee thereof shall be the Juvenile Court Committee as regards Roman Catholic children.

3. Where there is no children's aid society in a city or town in which this Act is in force the court shall appoint three or more persons to be the Juvenile Court Committee as regards Protestant children, and three or more other persons to be the Juvenile Court Committee as regards Roman Catholic children. The persons so appointed may in their discretion sit as one joint committee.

24.

It shall be the duty of The Juvenile Court Committee to meet as often as may be necessary and consult with the probation officers with regard to the cases of juvenile delinquents coming before the court, to offer, through the probation officers and otherwise, advice to the court as to the best mode of dealing with such cases, and, generally, to facilitate by every means in its power the reformation of juvenile delinquents.

25. Wherever no probation officer has been appointed under provincial authority and remuneration for such has been provided by municipal grant, public subscription or otherwise, the court shall, with the concurrence of the Juvenile Court Committee, appoint one or more suitable persons as probation officers.

26. Every probation officer duly appointed under the provisions of this Act or of any provincial statute shall have in the discharge of his or her duties as such probation officer all the powers of a constable, and shall be protected from civil actions for anything done in bona fide exercise of the powers conferred by this Act.

27. It shall be the duty of a probation officer to make such investigation as may be required by the court; to be present in court in order to represent the interests of the child when the case is heard; to furnish to the court such information and assistance as may be required; and to take such charge of any child, before or after trial, as may be directed by the court.

28. Every probation officer shall, as far as practicable, discuss each case and the recommendation proposed to be made with The Juvenile Court Committee before reporting to the court, and convey to the court the recommendation of the Committee.

29. Any person who knowingly or wilfully encourages, aids, causes, abets or connives at the commission by a child of a delinquency, or who knowingly or wilfully does any act producing, promoting or contributing to a child's being or becoming a juvenile delinquent, whether or not such person is the parent or guardian of the child, or who, being the parent or guardian of the child and being able to do so, wilfully neglects to do that which would directly tend to prevent a child's being or becoming a juvenile delinquent, or to remove the conditions which render a child a juvenile delinquent, shall be liable on summary conviction before a Juvenile Court or a justice, to a fine not exceeding five hundred dollars or to imprisonment for a period not exceeding one year, or to both fine and imprisonment.

2. The court or justice may impose conditions upon any person found guilty under this section, and suspend sentence subject to such conditions; and on proof at any time that such conditions have been violated may pass sentence on such person.

30. Prosecutions against adults for offenses against any provisions of The Criminal Code in respect of a child may be brought in the Juvenile Court without the necessity of a preliminary hearing before a justice, and may be summarily disposed of where the offence is triable summarily, or otherwise dealt with as in the case of a preliminary hearing before a justice.

2. In addition to those expressly mentioned in this Act, the Juvenile Court Judge has all the powers and duties, with respect to offenders, under or apparently under the age of sixteen years, vested in, or imposed on a judge, stipendiary magistrate, justice or justices, by or under The Prison and Reformatories Act, chapter 148 of The Revised Statutes, or any amendment thereto: Provided that the discretion of the Juvenile Court Judge as to the term for which a juvenile offender may be committed is not affected by this subsection.

31. This Act shall be liberally construed to the end that its purpose may be carried out, to-wit: That the care and custody and discipline of a juvenile delinquent shall approximate as nearly as may be that which should be given by its parents, and that as far as practicable every juvenile delinquent shall be treated, not as a criminal, but as a misdirected and misguided child, and one needing aid, encouragement, help and assistance.

32. Nothing in this Act contained shall be construed as

having the effect of repealing or over-riding any provision of any provincial statute; and when a juvenile delinquent who has not been guilty of an act which is, under the provisions of The Criminal Code an indictable offence, comes within the provisions of a provincial statute, it may be dealt with either under the provincial Act or under this Act as may be deemed to be in the best interests of such child.

33. Whenever and so soon as this Act goes into force in any province, city, town, or other portion of a province, every provision of The Criminal Code or of any other Act of the Parliament of Canada inconsistent with the provisions of this Act shall stand repealed as regards such province, city, town, or other portion of a province.

34. This Act may be put in force in any province, or in any portion of a province, by proclamation, after the passing of an Act by the legislature of such province providing for the establishment of Juvenile Courts, or designating any existing courts as Juvenile Courts, and detention homes for children.

35. This Act may be put in force in any city, town, or other portion of a province, by proclamation, notwithstanding that the provincial legislature has not passed an Act such as referred to in section 34 of this Act, if the Governor in Council is satisfied that proper facilities for the due carrying out of the provisions of this Act have been provided in such city, town, or other portion of a province, by the municipal council thereof or otherwise.

2. The Governor in Council may designate a superior court or county court judge or a justice, having jurisdiction in the city, town, or other portion of a province, in which the Act is so put in force, to act as Juvenile Court Judge for such city, town, or other portion of a province, and the judge or justice so designated or appointed shall have and exercise in such city, town, or other portion of a province, all the powers by this act conferred on the Juvenile Court. 36. This Act shall go into force only when and as proclamations declaring it in force in any province, city, town, or other portion of a province are issued and published in the Canada Gazette.

Assented to by the Governor General, July 20, 1908.

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Juvenile Court Laws.

A Statement by the Judge of the Denver Juvenile Cour concerning Juvenile Court Laws with information and suggestions concerning the Work of such Courts.

Continued from August number. That law went into effect June 1st, 1899. It declared that the circuit court, for convenience, in the trial of children under the act, might be called the juvenile court and required that court to assign one of its judges to try such cases. They assigned Hon. Richard S. Tuthill. In all other counties outside of Chicago jurisdiction under this law was given the county or probate court and each county judge in Illinois thus became the judge of the juvenile court in the trial of children. But naturally the city of Chicago, because of its tremendous population, mostly employed the act. It seems to have been very little followed in Illinois for several years after its enactment outside of the city of Chicago. These laws permitted the child to be corrected in this manner by requiring the chancery court to treat the case very much as it had always treated the case of the dependent child and this was the new principle in such acts. In other respects they were merely a sort of compilation of older well-known laws already existing in the particular state or taken from other states. But this is not said to minimize their importance. This change was profoundly important. It certainly gave an impetus to probation work for children that had been entirely lacking before. It took them out of the old jail conditions and eventually led to building up a splendid work for children in Chicago, Denver, and recently nearly all the large cities, that could not have been built but for this spirit thus diffused and made possible by this law. Its good effects and the credit due those (good women, principally) who started it can never be overestimated. The third new legal principle was that holding all persons legally responsible for the moral welfare of children announced in a statute generally termed the "contributory delinquent" law which grew out of the experience and the work of the juvenile court in Denver and was first enacted in Colorado about six years ago. The fourth principle that may be said to be somewhat new was to get into one court before the same judge and the same set of officers all cases that pertained to children, and indeed all the youths and minors of the city, including those of adults who violate laws for their protection. This has reached a degree of perfection so far in only a few of the

courts

It seems to be difficult of accomplishment in some of the very large cities like Chicago, for instance, where, so far, only children are tried in the juvenile court. All of these cases tried in one court has been of immense advantage in carrying on the fight for youth and childhood in the juvenile court of Denver.

In considering this brief history of the juvenile court, so far as laws are concerned, it is impossible of course, to do credit to all those who are entitled to credit, sirc.e the juvenile court is really a growth with reference to law as well as work, and no one man or woman can be credited with its origin. The writer has always said that the women of this country in particular are responsible for this court, and I have frequently credita! some of them as mothers of the juvenile court. The women's clubs are entitled to much credit, and in Pennsylvania the Mother's Congress, of which Mrs. Hannah K. Schoff is the president, were the most active workers for the juvenile court, and indeed its origin in that part of the world may be directly attributed to the work of Mrs. Hannah K. Schoff, president of the National Mother's Congress, which has also done much to advance and sustain an effective probation work in the state of Pennsylvania. Mrs. Schoff has lectured and written much upon the subject,

having been the first to present the matter to the women of Utah about four years ago, as well as some other states. These good women are especially entitled to credit for that long, hard fight they made to establish the equity of the court in the state of Pennsylvania, where it was first denied in 1902, and then affirmed later after they had brought into the state a number of the juvenile judges of other states, to present the matter correctly, thereby winnig the first victory in the supreme court for the application of the equity or chancery, jurisdiction in dealing with the delinquent child. Its far-reaching effect in other states cannot be over-estimated, nor can the credit due these women for their part in the fight for childhood, be too generously accorded. The settlement houses like that of the University settlements and especially Hull House in Chicago, have done much for these courts. Such work has been largely due to the efforts of Miss Jane Addams, Mrs. Joseph T. Bowen, Miss Julia Lathrop, Miss Minnie F. Lowe, the Visitation and Aid Society and others in Chicago. The help of all the settlement houses and institutional churches in the cities is a most promising development in the work of juvenile courts.

In this brief pamphlet no attempt can be made to give more than a passing reference to some of these agencies and the progress of the laws and work. But a word must be said of the splendid work of the children's courts in New York City. They are pioneers in work of this kind. But there is an essential difference in proceedings in these courts. In the children's courts of New York these proceedings, we understand, are still of a criminal character and are, at least technically, under that jurisdiction, though a splendid system of probation and personal work has been inaugurated in which Mr. Coulter, clerk of the court, as well as the judges and others are taking a lively interest. This court has always been asisted by the well known original society in New York for the Prevention of Cruelty to Children, that is entitled to so much credit for pioneer work for children. It was the first to maintain, as it does now, the most elaborate detention home that exists anywhere in the world. The work of Mr. Brace and the Children's Aid Society in this direction is also like that of others really too well known even to require any reference here, further than that some who may not be well informed may know the chief sources of information as to work and laws for the protection of children, and that the importance of such sources may not be inferred to be underestimated or unacknowledged by the writer. There are no nobler or kinder judges of children's courts in this country than those in New York City, such as Judge Wilkin, Judge Olmstead, Judge Holbrook and others, and especially former Judge Julius M. Mayer, who has added much in the way of literature and helpful suggestions in this work. Indeed the list of judges in both the children's and juvenile courts of this country, who have already performed magnificent services, is so long that the brief character of the pamphlet upon juvenile courts can not well attempt the personal reference to which they are all so honorably entitled. One of the most effective schemes of probation work is to be found in the "Big Brother" movement that is being systematized by Mr. Coulter and others in New York. It is extending the excellent idea of enlisting one young man as a probation worker to become interested in one boy in the Juvenile Court limiting his efforts to the one case. Over one thousand young men have so far cont

ributed to this work and various men's church organizations in particular are taking it up with good results, according to the reports we have.

Its Real Significance. Perhaps the real significance of the juvenile court movement in America has not been so much the spread of law, or anything new in law, as the spread of the spirit involved in regarding every boy or girl brought to court as one to be saved, to be strengthened, understood, helped and not hurt or degraded. To know, for instance, how to get the truth of offenders through sympathy and understanding; to make them obedient to the law whether it be the law of the home, the neighborhood, the school or the state; to know how to teach them to be trusted even to going alone to institutions unattended because we have been able to convince them that we are absolutely just, that we are working for them and not against them, and because they have been taught to be willing to want to get strong enough in character to want to do right because it is right-to do this because they want to and not so much because they have to. In a word the juvenile courts mark the employment by courts of the divine instruments in the building of human character. These, of course, are the wise and proper use of sympathy, that is not permitted to be confused with justification of any wrong, patience, kindness and yet the firmness that yields respect and not hate. These are all more significant than any law. Thus we are gradually building up for the benefit of the children of the state a more scientific and systematic scheme for their correction and protection, which, as to the child, means literally education and character building through the law of love that does not overlook justice, for there is no real love without justice. This of course does not mean to tolerate sentimentality any more than brutality. It is hardly necessary to say then that the real law of the juvenile court and the qualities for its successful application will not be found in statute books alone, however complete they may be as to so-called juvenile court laws, or where they originated or who is responsible for them.

An Interesting Development. A significant fact in connection with this work for children and as showing that the law without the spirit availeth nothing, is, that in a number of states, believing they needed juvenile court laws, big hearted judges have become imbued with the spirit of this work and found ample authority under laws already existing in their respective states, together with their inherent chancery powers, or right to suspend sentences or continue cases, to do work for erring children or youth that compares favorably with that of judges who are equipped with elaborate laws. No doubt such work of an intermittent or spasmodic character has been done by many judges before the juvenile court ever came as a systematic scheme. One of the most notable instances of systematic work of this kind by a judge, not only handicapped by the lack of sufficient juvenile laws but also physical affliction, is Judge N. B. Feagin, of Birmingham, Alabama, who has been judge of one of the municipal courts in that city for a decade or more and who for five or six years has conducted a splendid juvenile court.

Exaggerated Dangers. The fear so often expressed by many that the judges of the courts will not take the interest necessary in the children's cases is in the judgment of the writer very much exaggerated. As a matter of fact, when there is a demand for such work the supply will come. Judges of courts as a rule become imbued with the spirit of the juvenile law and very little is known of the splendid work of this character that is being and has been for years quietly done by the judges of our courts of record in many cities and states. If the entire number was known it would be surprising and overcome much of these unneccessary

fears. The juvenile court in some form or other now exists in the majority of the states and in nearly all of the large cities. What these julges most need is help and support in their local communities. In most instances they are doing their part. Again where they may be deficient in those qualities necessary to successful dealing with the child, their efforts may be supplemented by the services of the probation officer, and these officials must necessarily do most of the personal work with the children, including visitation of homes, neighborhoods, etc.

The Schools. The judge in the court may not only be greatly assisted by the schools as has been the case in Denver and other cities, but he may also greatly assist the schools, as has been pointed out in detail in papers on this subject in "The Problem of the Children," a little booklet by the writer. Business men and churches and other agencies like the Y. M. C. A. may also render much assistance, as they have in many cities.

Decisions of Courts. The following cases as to the law may be examined with interest:

In re Harry Benson, 62 Cent. Law Journal, page 219 (1906), (and numerous authorities there cited). Ex-parte Loving, 178 Mo., 194 (1903). Mills vs. Brown, 88 Pac., 609 (Feb., 1907), Utah. Commonwealth vs. Fisher, 62 Atl., 198 (1905). Re The Milwaukee Industrial School, 40 Wis., 328 (1905). Farham vs. Pierce, 141 Mass., 203. State vs. Home Society, 10 N. Dak., 493. Reynolds vs. Howe, 51 Conn., 472. Ex Parte Liddell, 93 Cal., 633. Ex Parte Nichol, 110 Cal., State vs. Phillips, 73 Minn., 77. In re Mason, 3 Wash., In re Kelly, 152 Mass., 432. State vs. Kilvington, 41 L. R. A. 284. Matter of Knowack, 158 N. Y. 482.

651. 609.

The Detention School. In the large towns and cities. a detention home school should be provided for the temporary care and custody of dependents and delinquents. It is very necessary and has been called the right arm of discipline of the court. It need not be very expensive, except in large cities where there should of course be a permanent building for this purpose, as in New York and Chicago. In the smaller towns and cities it has been found that a residence house can be rented and someone who has had experience in teaching and handling children, preferably a man and his wife, can be placed in charge with one or two employes such as a cook and helper about the house. The juvenile law generally directs how these children should be cared for in so far as their detention is concerned. It then becomes the duty of the legislature by separate enactment to provide for such a detention home, or they may be maintained by the county authorities or city councils. State industrial schools exist in most of the states, and if they do not exist, they should be established by separate acts. Cities may pass ordinances providing for detention homes or other industrial schools for the large cities. In the country or sparsely settled districts where the child is apprehended it has been found that the Sheriff is generally able to provide separate quarters for the child, sometimes keeping it in his own family under the supervision of his wife or some member of his household. Again in the country districts the evils of the jail that resulted in the debauchery of so many children are not so generally encountered.

Criminal Children. Discretion is vested in the court by a section of the juvenile delinquent act to direct a criminal prosecution under the statutes of the state within the discretion of the judge, which, of course, is only used in vicious or depraved cases of criminality, and is seldom necessary with boys or girls coming within the ages of delinquents. This elastic provision will avoid any abuse of the statute in differentiating between the child who is merely misdirected and mislead and the older boy who has become vicious or

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