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IT IS WISER AND LESS EXPENSIVE TO SAVE CHILDREN THAN TO PUNISH CRIMINALS

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ALABAMA. Mro. Harriet M. Johnson, Birmingham,

Septes United Charity Society.

CALIFORNIA
Hon. F. J. Muraskey, San Francisco,

Judge Juvenile Court
T. X. Todd, San Francisco,

Marchant's Association.
Mi Catherine Felton, San Francisco,
Ghen. Sec. Associated Charities.

NEW YORK
Hon. Willard H. Olmsted, New York,

Judge Juvenile Court.
E. Fellowe Jenkins, New York,

Chief Probation Officer, Juvenile Court
Thos. M. Mulry, New York,

Saint Vincent De Paul Society.
Hon. Robert J. Wilkin, Brooklyn,

Judge Juvenile Court.
Hon. Thos. Murphy, Buffalo,

Judge Juvenile Court.
Frederick Almy, Buffalo,

Sec. Charity Organization Society.

COLORADO. Bon B. B. Lindsey, Denver, Judge Juvenile Court,

CONNECTIOUT. Ohas P. Kellogg, Waterbury.

Sao State Board Charities. Ya Francis Sheldon Bolton, New Haven,

Editor Mother's Journal.

OHIO.

. Chas. A. Allen, Dayton,

Sec. Associated Oharities. O. M. Hubbard, Cincinnati,

Gen. Sec, Associated Charities.

PENNSYLVANIA. Hon. F. A. Bregy, Philadelphia,

Judge Juvenile Court.

KANSAS
J. D. Faxon, Lawrence,

Sec. Associated Charities.
J. E. Howard, Wichita,
Pres. Associated Charities

KENTUCKY.
George L. Sebon,

Supt. Children's Home Society of Kentucky. Miss Mary Bryson, Covington, Gen. Sec. Associated Charities.

LOUISIANA
E. L. Rodenberg, New Orleans,

Charity Organization Society.
James J. McLoughlin, New Orleans,
Society Prevention Cruelty to Children.

MARYLAND.
Hon. Charles W. Heuisler, Baltimore,

Judge Juvenile Court.
Jeffrey R. Bracket, Baltimore,
President National Conference Charities and
Correction.

MASSACHUSETTS. Chas. W. Birtwell, Boston,

43 Charity Building. Leontine Lincoln, Fall River,

State Board Oharities.
Miss Z. D. Smith, Boston,
Gen. Sec. Associated Charities.

MICHIGAN.
James F Hill, Detroit,
Society for Prevention of Cruelty to Children.

MISSOURI. Hon. Judge Wentworth,

Judge Juvenile Court. W. H. McClain, St. Louis,

Supt. Provident Association. Hon. James Gibson, Kangas City, Judge Juvenile Court.

MINNESOTA.
A. W. Gutridge, St. Paul,

Sec. Associated Charities.
Edwin D. Solenberger, Minneapolis,
Manager Associated Charities.

NEBRASKA.
Floyd M. Smith, Omaha,

Sec. Associated Quarities.
G. W. Clark, Omaha,
Supt. Child Saving Institute.

NEW JERSEY.
Hugh F. Fox, Plainfield,

Pres. Board of Children's Guardians. Mrs. E. E. Williamson, Elizabeth,

State Board of Children's Guardians.

DELAWABR
In Mary A. T. Clark, Wilmington,
Supt. Associated Charities.

DISTRICT OF COLUMBIA
Ohas. F. Weller, Washington,
Glep. Supt. Charity Society.

ILLINOIS.
Lon. R. 8. Tuthill,

Judge Juvenile Court of Chicago. Dr. H. H. Hart, Chicago, Ill.

Supt. Onildren's Home and Aid Society. LP. Bicknell, Chicago, IL

Bupt. Bureau of Charities.
Prot. o. R. Henderson, Chicago, IL

Pres. Nat'l Children's Home Society. Bon G. W. Murray, Springfield, n. Judge Juvenile Court.

WASHINGTON. H. Wirt Steele, Seattle,

Gen. Sec. Charity Organization Society.

WISCONSIN. Hon. N. B. Neelen, Milwaukee,

Judge Juvenile Court, G. Frellson, Milwaukee,

Agent Associated Charities.

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RHODE ISLAND. Miss V. K. Conyngton, Providence,

Sec. Society for Organizing Charity.

TENNESSEE. Mise M. F. Battle, Nashville,

Sec. United Charities. John Boring, Chattanooga, Supt. Associated Charities.

INDIANA. A. W. Butler, Indianapolis,

State Board Oharities. son. Gleo. W. Stubbs, Indianapolis,

Judge Juvenile Court. 0. Mohler, Fort Wayne, Glen. Sec. Associated Charities.

TEXAS. Miss F. Saylor, Dallas,

Sec, United Charities.

CANADA

IOWA. Amer R. Park, Keokuk,

Gor Sec. Associated Charities. John Beardsley, Des Moines,

Qen. Sec. Associated Charities.

J. J. Kelso, Toronto.

Supt. Children's Aid Society.

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ALL agents for the Juvenile Court Record carry credentials.

You are referred to the above Board of Reference, and verbal references to other people are unauthorized.

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The agent presenting this paper to you is authorized to sell single copies at roc. and to take annual subscriptions at

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Necessity for the Lawyer in the Juvenile

Court

By T. D. HURLEY

Paper read before the National Conference of Charities and Correction, Portland, Oregon, July 16th, 1905.

T. D. Hurley

As the name implies, the Juvenile Court is a part of the judicial system of the State. In most States it is a branch of some other existing court. In some jurisdictions it is supposed to cover the probation system only, and in others it is a distinct court and building, where all cases pertaining to children are heard.

In Illinois where a Juvenile Court exists it is understood to mean that all cases of truant, neglected, dependent and delinquent children are heard in the Circuit Court, that court being a court of original, inherent and unlimited jurisdiction. The judges of the Circuit Court in counties having a population of 500,000 are directed to assign one of their number to hear and dispose of all children's cases that are transfered from the police or justice courts, or that first originate in the Circuit Court on petition.

It is generally understood and accepted as true that the Juvenile Court, as such, is a distinct and separate court. Such, however, is not the case; it is simply a branch of the Circuit Court. The chauncery side of this court had all of the jurisdiction that was conferred upon it by the Juvenile Court la* before this latter law was enacted. The Juvenile Court deals with the person of the child, only leaving the property to be cared for by some other court.

The law has ever been solicitous in regard to the child's property. Ample provisions are made for the care and treatinent of children having property rights. Foster homes and institutions are carefully selected where the child may be reared and educated. Parents and guardians of the child are compelled at all times to treat the child in a proper manner. To enforce the above provisions there are to be found in the statute books of various States; laws for the regulation and custody of children

as between husband and wife; care and support of children by those who stand in loco parentis; laws preventing cruelty to children; the employment of children; the sale of tobacco and other injurious articles to children; abandonment of children; indenture of children; apprenticeship of children; adoption of children, all relating to the property of the child or the punishment of the parent or custodian or guardian for any offense they may commit towards the child. Especially is the law solicitous in regard to the management and control of the child's property. Persons dealing with the child's property without first obtaining an order of court, make themselves liable to severe penalties. Even after obtaining power and authority of the court he acts only as the officer of the court, and not as an individual. He is required from time to time to make complete reports as to his acts, no matter how insignificant or small the estate may be, nevertheless the court takes cognizance of it and sees that it is administered for the best interests of the child. All these procedures are conducted in the various probate, county, surrogate and chancery courts by a member of the legal profession, on the theory that the child's property is essential to the child's welfare and that it is necessary and essential that all legal proceedings should be in strict accordance with the law.

In the past the person of the child was not taken cognizance of by the court unless there was an estate, and then the court very guardedly cared for the maintenance and education and welfare of the child. Property seems to have been uppermost in the minds of all lawmakers throughout the entire country. Thousands of volumes of legal lore have been written on the property rights of the child, but little, if anything, is said of the person of the child.

Now that the State has come forward and assumed the responsibility not only of the property of the child but also of its person, is it not advisable that we acquaint ourselves with the laws, rules, regulations and power of the court that is to have charge of the case? It is certainly essential that a practitioner in any court first understand fully the procedure, jurisdiction and power of the court. So that before practicing in the Juvenile Court it would seem advisable that we first acquaint ourselves with the full meaning of the term "Juvenile Court."

Referring to the Juvenile Court law of Illinois we find that Circuit and County courts have original and exclusive jurisdiction in cases of neglected, dependent and delinquent children. A petition must be filed in accordance with the wording of the statute; summons must be served and notice given to the parent or custodian of the child at least 24 hours before the case is heard, otherwise the court will not acquire jurisdiction; in addition to the causes of dependency or delinquency, the petition should also state the names of the father and mother, if known, and guardian, if any there be. If the father and the mother are dead that fact should be stated, and the names inserted, if known to the officer. The petition should also state if the parent or guardian is or is not a fit person to have the custody of such child. Facts should be inserted showing wherein said parent or parents are unfit, or if the parents are fit that they consent to the child being found dependent. Should the officer be unable to ascertain any of these facts he should insert in the petition a statement to the effect that after diligent inquiry (stating facts on which his inquiries were based) that he was unable to procure the same. Facts and not conclusions or opinions should be stated. Cases should be

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prepared so that the judge will have all the facts before hiris There has been a popular outcry throughout the country, when the case is heard; hearsay statements should not be relied insisting that the proceedings in the Juvenile Court should be upon. Witnesses should be procured so that they may testify

informal. Such is the wording of the Juvenile Court 'laws of to the facts as alleged in the petition. The practice in the Illi

various states, however, this idea should not be carried too far.

God, in his goodness and mercy, blessed parents with children, nois Juvenile Court is to file a history of the case, which shows and before the court severs the relations of parent and child, takes the essential facts. The history should contain' the names and the child from its home and transfers it to a foster home or to an addresses of the child's parents, the religion, nationality and name

institution, the greatest care should be exercised. of school where the child had been in attendance; the character

In conclusion, I contend that the same care, the same atten

tion, the same consideration should be accorded the person of of the neighborhood; the conditions of the home, and the reputa the child as is accorded the child's property. There is more at tion of the family should be given. This history in Illinois is stake when the child is taken from its parents, taken from its not jurisdictional, but is provided for by rule of the court.

own relatives, than when the property of the child is affected. The law has definitely fixed the definition of truancy, dependi

If a lawyer is essential in the care of a child's property, then the

lawyer is doubly essential in the care of the person of the child. ency and delinquency; and unless one or more of these causes is alleged and proven the child cannot be adjudicated a dependent or delinquent. Proof without allegation will not suffice any more than averment without proof. Children and parents have con

DENVER, COLO. stitutional rights and they must be observed. We have on the Illinois statute books 70 pages of laws relating to children.

The judge had left the bench at five o'clock and gone into

chambers to hear half a dozen children's cases that had been Industrial school laws; manual training school laws; parental carried over from the juvenile session last Saturday. After an school laws; juvenile court laws; state training school for girls' hour and a half the last case was called, and as the lad entered laws; training school for boys' laws; laws relating to apprentice

the room the judge arose and took him by the hand and invited ship, adoption, various criminal sections, and others too numer

him to sit down at the end of the table at his side. The police

had placed the boy under arrest on the charge of robbing a saloon. ous to mention. No doubt similar laws exist in practically every He was fifteen years old, physically well developed but morally State of the Union.

of no value in the eyes of a large number of complaining witThe contention has been made from time to time that a law

nesses. He had inveigled four younger boys in the robbery. A yer should not appear to plead the case. The fact remains that

past record of numerous offenses stood against him; and after

frankly talking over the seriousness of his wrong conduct and the Juvenile Court law is the result of mature thought on the of the importance of placing him under good influence and propart of a lawyer. The general idea of the law may have been tection, the lad was sentenced to the State Industrial School. prompted by public opinion, but it remained for a lawyer to draft

The Superintendent of the Detention School was instructed the law, and after it became law to put it in force and effect.

to take charge of him for the night and to secure the commitNo person not a lawyer would pretend to manage or conduct a

ment papers the following morning and start him to the Indus

trial School alone. minor's estate, either in the Probate Court or a Court of Chan The boy dropped his head on the table and sobbed: "My cery; no matter how small the estate may be letters of guardian- boy,” said the judge, as he arose and laid a friendly hand on ship must be prepared by the legal adviser. Bonds must be

his shoulder, "you may not get away from the Industrial School

for several years. It would be better if you were able to live as secured; reports made; accounts required. Final settlements are

a citizen here at home, but you have shown that you are too provided for by the statute in the interests of the child's prop weak to do this; therefore, I feel that I am doing you the very crty, on the theory that by preserving the child's property suit best kindness in my power in sending you to a place where you able provision may be made therefrom for the care of the person

will be well cared for and trained. It is not necessary for me to and education of the child.

send an officer with you, even though I am told you will never Such care being required by the stat

go alone; I know you will-good-bye." ute in reference to the child's property, is it not reasonable to The boy and the superintendent left the office and the night's ask, “Why should not like care be required in reference to the work was ended,

* * * person of the child ?" The proceedings of the Juvenile Court, in many cases, may

The close of another day of strenuous life found the judge

and myself in chambers talking over the victories and failures of fix the status of the child for life, and certainly they should fol the work which is filled with so much heart interest, and as we low the forms required by law. How can the statute be com believe-good results. "Judge," said I, "have you heard from plied with and the requirements of the law fulfilled, by a person-

our boy whom you committed last evening?” I was not quite though a probation officer if you will, prompted by highest of

certain whether the confidence of the judge had been well remotives, interested solely in the welfare of the child, looking

warded, for faith in the honor of some lads whose record has only for the interests of the child and the parent, but having

been so depreciated by a vast number of officers and well meanno legal conception of the statutes, who has never read law, who

ing citizens is so subtly undermined that we are at times tempted cannot point out the difference between the various acts relating

to doubt the word of honor which is pledged to us at such a to children?

depressing moment as when the commitment is made to an insti

tution. In my humble opinion all legal documents relating to children's cases should be prepared by a trained lawyer, so that the

The judge glanced up from his paper: "Why, no; I have proceedings when concluded would result in a valid judgment.

not heard, but he is there. You need not make inquiry unless The Supreme Court of Illinois has repeatedly passed on this

your personal interest is such that you want your curiosity satquestion, and as late as 1900 in the case of Watts vs. Dull, 184th

isfied." I felt that I did; therefore, I called the Superintendent Illinois, page 86, in relation to the adoption of children the

of the Industrial School over the phone, and was immediately court said:

assured that the lad had arrived promptly and delivered his

mittimus with a smile of good courage and apparently a sense of "The adoption act being in derogation of the common

having stood by the friendship and trust of the judge who had law must be strictly construed, and to sustain proceedings faith in his honor. The judge was visibly pleased, for this lad thereunder the jurisdiction of the lower court must affirma

had completed an unmarred record of two years of unviolated tively appear of record, as nothing can be construed in

trust. "I am proud of the record,” said Judge Lindsey, "for aid of it."

despite the fact that many of the boys have had criminal records, "Second: A child adopted under the provisions of the some of them entirely out of proportion to their ages, every sinstatute cannot inherit from the adoptive parents unless the

gle lad whom I have committed under normal conditions has requirements of the statute are strictly followed in the adop kept his word with me. In many cases the police have warner! tion proceedings."

me against permitting certain offenders to have the chance of It will thus appear that if the proceedings of the Juvenile skipping and have entered an emphatic protest against my plan Court were not regular and in strict conformity with the statute of allowing these boys to go to the school alone, but I have under which the child is found dependent or delinquent, and that 11ever been thrown down in any instance. It proves there is such facts did not appear in the record, that the judgment of the always some good in every boy, no matter what his previous Juvenile Court will not only be voidable but void, and that any surroundings or his life may have been, if you only go about it adoption proceedings based on such Juvenile Court procedure in the right way to find that good." will be absolutely void.

And I guess the judge is right. DR. LILBURN MERRILL.

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