JUVENILE COURT RECORD is published monthly, except in the month of July. Single copies, 10 cents. Subscription price, $1 per year.

Entered at Postoffice, Chicago, as second-class matter.

The JUVENILE COURT RECORD is the official organ of and published by the Visitation and Aid Society and will deal with social problems in hild-saving work and give an account of the workings of the Juvenile Court.

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EDITORIAL

mised that conditions in Washington as they related to juvenile crime needed to be looked into.

It seems strange that here, of all places, there should be no juvenile court law, that in the place where wisdom reigneth, in the nation's law-making center, this great subject, the conservation of the moral life of our young people, should have been left unconsidered in one of its most important aspects.

Legislation in regard to taxation, ship subsidies, coinage, etc., taking months of discussion are bitter mockery if during the time they are in progress the boys and girls in the legislators' very midst are allowed to develop fast into criminals. "Twice as many thieves among children as adults." "More than one-fourth of all arrests (omitting drunks, vags and disorderlies) in the City of Washington last year were among its youth, the boys and girls." These facts, for facts they are, taken from the city's own statistics, demand attention and remedying of the causes that make them possible. Judge Lindsey deserves the gratitude of the whole people for pointing out to them so convincingly this very sore spot in its civic anatomy. Washington should, as the President said in his last inaugural address, be a model city in every respect. The people will willingly consent to any expenditure that will help to make it so, and it cannot be so until all possible safeguards against the downfall of our young citizens are established.

SOMETHING ACCOMPLISHED.

The Juvenile Court Record feels proud that it has helped another Juvenile Court law to be passed-this time in Minnesota, and with the direct aid and influence of the editor of the Record. A few months ago Justice Hurley at the request of the agitators in the Juvenile Court Movement of the northwest, travelled to Faribault, Minnesota and addressed a large gathering at the Minnesota State Conference of Charities. The enthusiasm

aroused led to other meetings in St. Paul and Minneapolis where Justice Hurley, Judges Tuthill and Mack and Dr. H. H. Hart of our sister society, the Children's Home and Aid, made important addresses urging the great need and value of a law governing the care and treatment of dependent, delinquent and defective children. The Record has kept up the agitation from the first. Our pride comes as a result of a righteous satisfaction in having had a part in a movement whose fruitage means so much to present helpless and unfortunate boys and girls. We con⚫gratulate Dr. Hart and the Judges upon this success which has come partly through their fine efforts in the

cause.

JUVENILE OFFENDERS.

It is a serious indictment which Judge Lindsey brings against our nation's capital in his report of an investigation of juvenile crime, made at the request of President Roosevelt. It is an indictment showing gross neglect in instituting, for the saving of young life to future honor and usefulness, those measures proved to be sound, not only as corrective but as preventive influences. By this

JUVENILE CRIME.

Popular education must be tested by social standards. The most delicate and accurate of these is its effect upon the progress of crime. If it does not serve to raise the general standard of society, or at least to bring people generally to adopt the prevailing standard, it has missed its chief function.

There are, of course, other social tests. Society demands trained workers, not merely craftsmen, but men and women trained intellectually and in the discipline, which a school system accustoms them to. It needs that they shall be so trained in order to secure the qualities of steadiness and persistency as well as accuracy and faithfulness.

It needs also to train men and women to wealth producers and to care for the interests of homes, upon the character of which the nation stands or falls. But all these are subsidiary to the moral influences that must be brought to prevail in the lives of the people. It is often asserted that education only shifts off vice; that the educated classes produce as many rogues as the illiterate, and that the crimes of the former are the more serious. To whatever extent this is true, it is a proper arraignment of popular education, the main purpose of which is to make good citizens, on the presumption that they will then be useful citizens.

Every once in a while-indeed, almost continuallysociety is shocked by instances of juvenile crime. Öne infant is a burglar, another a murderer, another a clever forger, and so on until it is difficult to distinguish between the crimes of the precocious criminals and the mature. This is the most sensitive point of popular education. It is preeminently responsible for the moral ideas of the children under its care. Ethics by indirection can never counteract evil by direct instigation. So long as evil is a prevalent and a pressing fact in life it is a social quantum that ought to be considered by society in the care which it assumes of the youth.

SENATE BILL NO. 74.

Introduced by Senator Holman, and read first time January 16, 1905. A BILL

For an Act to provide for the punishment of persons responsible for, or contributing to, the delinquency of children; to give justices of the peace jurisdiction under this act; and to declare an emergency.

Be it enacted by the Legislative Assembly of the State of Oregon; Be it enacted by the People of the State of Oregon: Section 1. In all cases where any child shall be a delinquent child or a juvenile delinquent person, as defined by any statute of this state, the parent or parents, legal guardian or person having the custody of such child, or any other person responsible for, or by any act encouraging, causing or contributing to the delinquency of such child, shall be guilty of a misdemeanor, and upon trial and conviction thereof shall be fined in a sum not to exceed $1,000, or imprisoned in the county jail for a period not exceeding one year, or by such fine and imprisonment. The court may impose conditions upon any person found guilty under this act, and so long as such person shall comply therewith, to the satisfaction of the court, the sentence imposed may be suspended.

Section 2. The words "delinquent child" shall include any child under the age of sixteen (16) years who violates any law of this state or any city or village ordinance; or who is incorrigible; or who is a persistent truant from school; or who associates with criminals, or reputed criminals, or vicious or immoral persons; or who is growing up in idleness or crime; or who frequents, visits, or is found in any disorderly house, bawdy house or house of ill fame, or any house or place where fornication is enacted, or in any saloon, barroom or drinking shop or place, or any place where spirituous liquors, or wine, or intoxicating or malt liquors are sold at retail, exchanged, or given away; or who patronizes, frequents, visits, or is found in any gaming house, or in any place where any gaming device is or shall be operated. The word "child" or "children" may mean one or more children, and the word "parent" or "parents" may be held to mean one or both parents, when consistent with the intent of this act.

Section 3. Justices of the peace shall have concurrent jurisdiction with the circuit court in all prosecutions under this act.

Section 4. It is hereby adjudged and declared that existing conditions are such that this act is necessary for the immediate preservation of the public peace, health and safety, and expected from the exercise of the power of the referendum, and, owing to the urgent necessity of providing for the punishment of persons responsible for or contributing to the delinquency of children, an emergency is hereby declared to exist, and this act shall take effect and be in full force and effect from and after its approval by the governor.

SENATE BILL NO. 73.

Introduced by Senator Holman, and read first time January 16, 1905.

A BILL

For an Act to define and to regulate the treatment and control of dependent, neglected, and delinquent children; to provide for their disposition, care, education, protection, support, maintenance, and punishment, and for their guardianship and adoption; to prescribe the powers and duties of courts with respect thereto; to establish juvenile courts in judicial districts containing one hundred thousand or more inhabitants, and to prescribe their jurisdiction and powers and the procedure therein; to provide for the appointment of probation officers by such courts and to prescribe their duties and powers; to provide for the separation of children from adults when confined in jails or other institutions; to provide for the supervision and control of corporations, institutions, societies, and associations receiving children under this act; and to declare an emergency. Be it enacted by the Legislative Assembly of the State of Oregon;

Be it enacted by the People of the State of Oregon: Section 1. DEFINITION.] This act shall apply only to children under the age of sixteen (16) years. For the purpose of this act the words "dependent child" shall mean any child who for any reason is destitute or homeless or abandoned; or dependent upon the public for support; or has not proper parental care or guardianship; or who is found begging, or receiving or

gathering alms (whether actually begging or under the pretext of selling or offering for sale anything), or being in any street, road, or public place for the purpose of so begging, gathering, or receiving alms; roman or who is found living in any disorderly house, bawdy house, or house of ill fame, or with any vicious or disreputable person, or whose home, by reason of neglect, cruelty, or depravity on the part of its parents, guardian or other person in whose care it may be, is an unfit place for such a child; and any child under the age of twelve (12) years who is found begging, peddling or selling any article, or singing or playing any musical instrument upon the street, or giving any public entertainment, or who accompanies or is used in aid of any person so doing. The words "delinquent child" shall include any child under the age of sixteen (16) years who violates any law of this state or any city or village ordinance; or who is incorrigible; or who is a persistent truant from school; or who associates with criminals, or reputed criminals, or vicious or immoral persons; or who is growing up in idleness or crime; or who frequents, visits, or is found in any disorderly house, bawdy house or house of ill fame, or any house or place where fornication is enacted, or in any saloon, barroom or drinking shop or place, or any place where spirituous liquors, or wine, or intoxicating or malt liquors are sold at retail, exchanged, or given away; or who patronizes, frequents, visits, or is found in any gaming house, or in any place where any gaming device is or shall be operated. The word "child" or "children" may mean one or more children, and the word "parent" or "parents" may be held to mean one or both parents, when consistent with the intent of this act. The word "association" shall include any corporation which includes in its purposes the care or disposition of children coming within the meaning of this act.

Section 2. JURISDICTION.] The circuit court of the several judicial districts in this state, to which this act applies, shall have original jurisdiction in all cases coming within the terms of this act. In all trials under this act any person interested therein may demand a jury of six or the judge of his own motion may order a jury to try the case.

Section 3. JUVENILE COURT.] The judges of the circuit court in each judicial district containing one hundred thousand, or more, inhabitants shall at such times as they shall determine designate one or more of their number whose duty it shall be to hear all cases coming under this act. All cases coming under the provisions of this act shall be heard at a special session of the court, and no matter other than cases under this act shall be on the calendar, or shall be heard at such session, nor shall there be permitted to be present at such special session any person on trial, or awaiting trial, who does not come under the provisions of this act. The finding of the court shall be entered in a book or books to be kept for that purpose, and known as the "Juvenile Record" and the court may for convenience be called the "Juvenile Court."

Section 4. PETITION TO THE COURT.] Any reputable person being a resident in the county, having knowledge of a child in his county who appears to be either dependent or delinquent, may file with the clerk of a court having jurisdiction in the matter a petition in writing, setting forth the facts verified by affidavit. It shall be sufficient that the affidavit is upon information and belief.

Section 5. CITATION.] Upon the filing of the petition a citation or notice shall issue requiring the person having custody or control of the child or with whom the child may be, to appear with the child at a place and time stated in the citation or notice, which time shall not be less than twentyfour hours after service. The parents of the child, if living, and their residence, if known, or its legal guardian, if one there be, or if there is neither parent nor guardian, or if his or her residence is not known, then some relative, if there be cne and his residenec is known, shall be notified of the proceedings and in any case the judge may appoint some suitable person to act in behalf of the child. If the person summoned as herein provided shall fail without reasonable cause to appear and abide the order of the court, or bring the child, he may be proceeded against as in case of contempt of court. In case the citation can not be served or the party served fails to obey the same, and in any case when it shall be made to appear to the court that such citation or notice will be ineffectual, a warrant may issue on the order of the court, either against the parent or guardian or the person having custody of the child or with whom the child may be or against the child itself. On the return of the citation or notice or other process, or as soon thereafter as may be, the court shall proceed to hear and dispose of the case in a summary manner. Pending the final disposition of any case, the child may be retained in the possession of the person having the charge of the same, or may be kept in som

suitable place provided by the city or county authorities, or may be held otherwise, as the court may direct.

Section 6. The circuit courts of the several judicial districts to which this act applies shall have authority to appoint or designate one or more discreet persons of good moral character, of either sex, to serve as probation officers, during the pleasure of the court making the appointnemt; said probation officers to receive no compensation from the public treasury. When more than one probation officer is appointed, the court may designate one of the probation officers as chiet probation officer and the others as deputy probation officers, and it shall be the duty of the chief probation officer to see that the deputies properly perform their duties. In case a probation officer be appointed by the court it shall be the duty of the clerk of the court, if practicable, to notify the said probation officer when any child is to be brought before the court; it shall be the duty of such probation officer to make investigation of such case; to be present in court to represent the interest of the child when the case is heard; to furnish the court such information and assistance as the court or judge may require, and to take charge of any child before and after the trial as may be directed by the court. A probation officer or deputy probation officer under this act shall have as to any child committed to his care the power of a peace officer. At any time in his own discretion such officer may bring such child before the court committing such child to his care and custody, for such further or other action as the court may see fit.

Section 7. DEPENDENT CHILDREN.] When any child under the age of sixteen (16) years shall be found to be dependent or neglected, within the meaning of this act, the court may make an order committing the child to the care of some suitable state institution, or to the care of some reputable citizen of good, moral character, or to the care of some institution as may be provided by law, or to the care of some suitable association willing to receive it, embracing in its objects the purpose of caring or obtaining homes for, dependent or neglected children. The court may thereafter set aside, change, or modify such order. The court may, when the health or condition of the child shall require it, cause the child to be placed in a public hospital or institution for treatment or special care, or in a private hospital or institution which will receive it for like purpose without charge.

to

or

Section 8. GUARDIANSHIP.] In any case where the court shall award a child to the care of any association or individual in accordance with the provisions of this act, the child shall, unless otherwise ordered become a ward, and be subject the guardianship of the association whose care it is committed. individual to Such association or individual shall have authority to place such child in a family home, with or without indenture, and may be made party to any proceeding for the legal adoption of the child, and may by its or his attorney or agent appear in any court where such proceedings are pending and assent to such adoption. assent shall be sufficient to authorize the court to enter the And such proper order or decree of adoption. Such guardianship shall not include the guardianship of any estate of the child.

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Section 9. DISPOSITION OF DELINQUENT CHILDREN.] In the case of a delinquent child the court may continue the hear ing from time to time, and may commit the child to the care or custody of a probation officer, and may allow said child to remain in its own home, subject to the visitation of the probation officer; such child to report to the probation officer as often as may be required, and subject to be turned to the court for further or whenever such, action may appear to be necessary; or the court other proceedings may cause the child to be placed in a suitable family home, subject to the friendly supervision of a probation officer and the further order of the court or it may authorize the child to be boarded out in some suitable family home, in case provision is made by voluntary contribution or otherwise for the payment of the board of such child, until a suitable provision may be made for the child in a home without such payment: or the court may commit the child to any institution incorporated under the laws in this state, that may care for delinquent children, or be provided by a city or county, suitable for the care of such children, or to any state institution which may be established for the care of delinquent children. may thereafter set aside, change, or modify such order. In no The court case shall a child be committed beyond his or her minority. A child committed to such an institution shall be subject to the control of the board of managers thereof; and the court shall, on the recommendation of the board, have power to discharge such child from custody whenever, in the judgment of the court, his or her reformation is complete; or the court may commit the child to the care and custody of some suitable association that will receive it, embracing in its objects

the care of neglected or dependent children. Any child who shall have committed a misdemeanor or felony and shall have been found by the court to be a delinquent child within the meaning of this act and committed hereunder, and who shall thereafter be found by the court to be incorrigible and incapable of reformation, or dangerous to the welfare of the community, may, in the discretion of the court, be remanded to the proper court of the county in which such crime was committed and be proceeded against and tried for such crime, and, if found guilty of the commission thereof, be subjected to judgment therefor in the same manner as if he had been over the age of sixteen (16) years when such crime was committed.

Section 10. TRANSFER FROM JUSTICES AND POLICE MAGISTRATES.] When a child under the age of sixteen (16) years is arrested with or without warrant, such a child may, instead of being taken before a justice of the peace, or police magistrate, be taken directly before such court; or if the child is taken before a justice of the peace, or police magistrate, it shall be the duty of such justice of the peace or police magistrate, to transfer the case to such court, and the officer having the child in charge to take the child before that court, and in any case the court may proceed to hear and dispose of the case in the same manner as if the child had been brought before the court upon petition, as herein provided. In any case the court shall require notice to be given and investigation to be made as in other cases under this act, and may adjourn the hearing from time to time for the purpose.

Section 11. CHILDREN UNDER TWELVE YEARS NOT TO BE COMMITTED TO JAIL.] No court or magistrate shall commit a child under twelve (12) years of age to a jail or police station, but if such a child is unable to give bail it may be committed to the care of the sheriff, police officer, or probation officer, who shall keep such child in some suitable place provided by the city or county outside of the enclosure of any jail or police station, or it may be held otherwise, as the court may direct. When any such child shall be sentenced to confinement in any institution to which adult convicts are sentenced, it will be unlawful to confine such child in the same building with such adult convicts, or to confine such child in the same yard or enclosure with such adult convicts, or to bring such child into any yard or building in which adult convicts may be present.

Section 12. The court may, at any time, require from any association receiving or desiring to receive children under the provisions of this act, such reports, information and statements as the judge shall deem proper or necessary for his action, and the court shall in no case be required to commit a child to any association whose standing, conduct or care of children, or ability to care for the same, is not satisfactory to the court.

Section 13. SURRENDER OF DEPENDENT CHILDREN-ADOPTION.] It shall be lawful for the parents, parent, guardian, or other person having the right to dispose of a dependent or neglected child to enter into an agreement with any association or institution incorporated under any public or private law of this state for the purpose of aiding, caring for or placing in home such children, for the surrender of such child to such association or institution, to be taken and cared for by such association or institution or put into a family home. Such agreement may contain any and all proper stipulations to that end, and may authorize the association or institution, by its attorney or agent, to appear in any proceeding for the legal adoption of such child, and consent to its adoption, and the order of the court made upon such consent shall be binding upon the child and its parents or guardian or other person the same as if such person were personally in court and consented thereto, whether made party to the proceedings or not.

Section 14. COUNTY BOARDS OF VISITORS.] The county judge of each county may appoint a board of six reputable inhabitants, who will serve without compensation, to constitue a board of visitation, whose duty it shall be to visit, as often as once a year, all institutions, societies and associations receiving children under this act; said visits shall be made by not less than two of the members of the board, who shall go together or make a joint report; the said board of visitors shall report to the court, from time to time, the condition of children received by or in the charge of such associations and institutions, and shall make an annual report to the court in such form as the court may prescribe. The county board may, at their discretion, make appropriations for the payment of the actual and necessary expenses incurred by the visitors in the discharge of their official duties.

Section 15. CRIMINAL AND OTHER LAWS NOT AFFECTED.] Nothing in this act shall be construed to repeal any portion of the criminal law of this state, nor of any law concerning or affecting minors, except such portions thereof as are in con

flict with the provisions of this act concerning the jurisdiction of the courts in this state over children coming within the meaning of this act, and all such portions thereof are hereby repealed. And in all commitments to institutions acts in reference to said institutions shall govern the same.

Section 16. In any case in which the court shall find a child neglected, dependent or delinquent, it may, in the same or subsequent proceeding, upon the parents of said child, or either of them, being duly summoned or voluntarily appearing, proceed to inquire into the ability of such parent or parents to support the child or contribute to its support, and if the court shall find such parent or parents able to support the child or contribute thereto, the court may enter such order or decree as shall be according to equity in the premises, and may enforce the same by execution, or in any way in which a court of equity may enforce its orders or decrees.

Section 17. CONSTRUCTION OF THE ACT.] This act shall be liberally construed to the end that its purpose may be carried out, to wit: That the care, custody and discipline of a child shall approximate as nearly as may be that which should be given by its parents, and in all cases where it can properly be done, the child to be placed in an approved family home and become a member of the family by legal adoption or otherwise.

Section 18. EMERGENCY.] It is hereby adjudged and declared that existing conditions are such that this act is nec essary for the immediate preservation of the public peace, health, and safety, and excepted from the exercise of the power of the referendum, and, owing to the urgent necessity of providing for the care, protection and control of dependent, neglected and delinquent children in thickly populated communities, an emergency is hereby declared to exist, and this act shall take effect and be in full force and effect from and after its aproval by the governor.

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25

Matters involving disputes between husband and wife, Cases of misunderstanding between attorney and client, Cases of disputes between landlord and tenant,

20

Cases where property was wrongfully withheld,

9

Cases of persecution by suits or threats of suits, or levies on unjust claims,

12

Cases where unearned wages had been assigned, Cases involving transactions in real property,

It will be seen that more than two-thirds of all the actual arrests for stealing in Washington last year were among the boys and girls, 675 boys and 101 girls out of a total number of 776 minors, and, as there are about four times more adults than minors, it follows that, in proportion to the population in Washington City, there are more than twice as many socalled thieves among the children as the adults. If you need criminal courts and tens of thousands annually in money to punish the criminals, we say it is worth while to spend a little money and time for a new and commonsense method to save the children.

Other figures, equally demonstrating the importance of enlightened preventive measures to save the citizenship of tomorrow could be shown by this report. It fairly teems with them and Washington seems to have more incipient criminality among its youth than any city I ever investigated. For instance, there were, according to this report, 5,112 minors among the arrests last year and 23,359 adults (over 26,000 born in the United States-not foreigners). Eliminate the drunks, vags and disorderlies from both adults and minors and take offenses against the property and person of others and we have:

Total arrests,

11

14

ADULTS.

Among which there were for

Disorderly conduct,

4,950

Among which there were for disorderly conduct, intoxication and vagrancy a total of Total arrests among minors for other offenses than disorderly conduct, intoxication and vagrancy,...... 3,135 It will thus be seen that, eliminating drunks, vags and disorderlies and counting serious offenses against the person and property, more than one-fourth of all arrests in the city of Washington last year were among its youth, the boys and girls, and when we figure that the ratio of population under 21 is about one to four over 21 years of age, the authorities are arresting more children and youth than men and women, with no adequate laws or system affording real correction and protection. I doubt if Congress has any knowledge of these facts.

556 New Matters received attention at the offices of the Bureau during the last month. This is in addition to matters carried over and cases still pending from previous months. This number exceeds the new cases of February, this year, by 20.

FREE PRINTED MATTER ON CHARITY

Many of our readers may not know that they can have for the asking copies of several little publications on charity matters which the Bureau of Charities has issued in the past. Those on hand now are: "The New Charity is Old," an article by Mr. Alexander Johnson, secretary of the National Conference of Charity; "The Fence or the Ambulance," a booklet of interesting tales of cases treated by the Bureau, and illustrative of its principles; "Ideals and Methods of Co-operation," reprint of an address given at the 1904 National Conference of Charities at Portland, Me., by Mr. F. H. McLean, General District Secretary of the Bureau; and "Suggestions Regarding Co-operation Between Charities," a summary of Mr. McLean's address.

It may be mentioned in this connection that at the General Office, where the above printed matter may be had, our friends may also consult at any time reports of very many local and outside charitable societies and institutions as well as the reports of the Illinois and National conferences of Charity which are on file. Address Chicago Bureau of Charities for any of the above.