New-York daily tribune., 1859-05-17
p. rics ss5 lc7 ro7s. lceS rsl, ic2 le3, ~ iOa;
n51 loss, 1899. 1880. so

e. ,hldreu a John Lafn sgbo did 10 D co-asr last Toe
sye ,srsof ,ac Pr.yion. 10 IL f. II AZ he 1gu'd
sess-s vhct be ,ra",rrc" 80 eudy Of tho ia;, .
sqS'iv ih- Grandfather ca,d their casy. sad dess'9a
was" od.red in biz favor BY IRE s.ota'e eni 5t on Is
rS iS.,",oS tin r.ssir,d cAren who br,,' sp
,.,S, % es.,. 70. sdn DSs &C. ne }S't cs s sr9 p
Mat the d.c.s~d did Casc ana " &C ';rds,e
synIop s,h ugb the ,at-ct q religion appaTs 70 ns. %
SD.i 70 itssI pciu,e brsrius upon the sstectI
The reia,or alleges IN hs petit on that tie infants,
Csi,s.rine Lsfin and Mary Ann Lnthn, ere nrgaly
a. Scbool Association aid Home for Desiu ute Child
n The respondents, in their tO the writ H.
wed upon the petition, deny the alleged restrsut, and
sver tiat they aye entitled TO the qsoly an1 coplfo
sf the nfarts BY virtne Of the following rnTrunent
g,ed by John Latin, their father, short time he.
8 re his death 70 witt {" John Latin 1T the City OF
Brooklyn father Of Catharine or Kate and Mary Ann
Jo<eI. me Latin do commit and surrentsr to the care
and man aeement OF the Bro kiyD lhdnst1ai school
Association and Hone for Destitute Children, WIN me
pOwcra and subject 10 the provisions Contained IN Tue
act Incorporating SAID AssOcetion and Home. me
relstOr in his traverse among Glner es"s ';n
be has been duly appointed guardian OF tne IN
fsnts by the Surrogate oi h"gs County "his,' paoe
him io loco parents. The effect ot the letters o
.rs.nsIp and the paper referred ~ present. therefore the
salD question IN his cas snd " sIaes pTp @pnp, pad
,ra they execued aud the question tnToyee
~, are ,sI may bJ his deed will dnly eSecnted dis
p.s .ody and tuition Of his minor child curing ~ m
pefsons ~ pDssessoh
- 1nd % m ' IL "a conceded that the paper signed by the
shs n,IST S aSG n%r %o % n s seriously nTse ha,
Association acquire the rsht u CUSTODY OF '' sun
-trvmen,.. ~ the father iis TO make s9cn o | ] M -
s nor children then sorogc Is athcf5ed 70 grant M
Of guardianship 70 some snsos pp - wnn ~ ,beI
s. there b 40 sIb.squen Of the legislature which -T
,bs, ,le r.aor enled the sbu,e control Of the iuiAs
appointment Is revoked or ,hs in.h' sInye tne
wheh he oDly remedy Of the te,Pondint IS 10. Dy aP
E III oh B. Part r. 81 It becomes important inrI'ior
70 s-c.T'aiD what questions the Surrogate d'ea'n s1
whether te parties 70 this p'ceeams were iePIrrn,~i
before him because 1t qli,s CHAR that the queS,
% an ' .eon %c"ia e.cea @rIri The Poop 3 wd
sgd asumea howeyr BY the !spsnasn,s ' I my ,6 % b
doctrine Of res adsdi"c dos n9' apply y was not ~
udsmen rat The lspGS bGx osnosIad es1 bs him and 5
ntfod their claims and the subject matter OF such chh ws
, lI nj tp tIen, now 10 obiectto the Of iher
sppesrsnoe 70 hold diGern dociue would be- % sanction
fraud upon legal grcceedss by slo~lns p 20 & 1 m
win The Ge The Ps having sY 1 ',s T Ig
includes parties who have sht 10 appear ana control tho SC
don and q lgS .P5ar rT IRON s s 5 DeSd 81 Ksms s5s
mind thu the respondents had ht 70 appear
sap ci'bsr under section of Statute referred
oosh Latin, who think clearly acted a. Tho agent or
n,net and his petition be appointed guardian
nen Bs' h m %y % sSIros, SS By ssrn to the
nnuies the Surrogate appears hat on tne rh pecemD
49, DE time ssSd for the cSSs. SsS.If & %' S is s @
Hssocston sppcsrcd aud filed affidavit Oi Miss Kimbaryn
d yrs he Ce of rs execution i was flied for the Purpss
. ss Slscd sppd'iS@ sD BY the the Surrogate
ppon the facts fIih IN the ahd'V hs, tse e.odehr
bad ~ Tshi 70 appoint guardian the The min
Of the Surrogate from time to i 's,e @ 'Re 10 aPPShv & rance S %
, objections tep."d, aud decided 10 P1c-ed VIII
,. d.n that the oSciious . the appointment areor
and application filed While III evident to my mind
G aren't or under advice Of the rrspondents ia attempting
10 dsEa, application Of the Telai9r impute none o'G'f
,aph
sirug r,lsiu the custody OF the nien IL "n % WI
,he respondeui. only directly nteresed IN the pro-
.oings before the soIIosae but IN an snnns i@
guardian did necessarily decide thst te h
not EseIs'%sn ans sHa. ~. ,Sg sG While I guardian npronedb By
as control Of ~ % e.;es infant. % % '%S @sh chrr In s
evident appointment oi ths sdIIsae pau sh
soins he says: c children danFhcls Of John iaiI w@
The sarrossc ther,foI In appointing earSau % 49, 9 % b
ccs.iy deoed that the Iespnaens hah 40 ns" 20 % %
sppOnept eonied saIs upon the sPp&se & %GhS h Dc & o
said. II the sussto hsS ne sh 20 % ~ r ,Ss rights and
ow,fs conferred by sections and D. t Gu g. i. 81 rs
a, rsh, eu,toy and snhcie the susida to enforce 'pch
light wl not be so'end.d nun M td tast u g m % nv @ @
Co,s would have had rish to make The order he da
nse ScS .ppCs,mr depend, upon the fact shelter hf father
has mode such disposition Of his snds9 HT n & TS % oc n1
sens & i'm IN .s he same disabilities upon sarosa,e tho
pntmen Of parliamentary guardian. IL would be clearly - iu
EJECT by express The appointment OF the Suro
gate affirmative acta mater Of sab'thce' aud ot oi
mere form and clothes the appontes VIII az srmaS ChsI
sctr and impoSs hn dees aud ooeau' bo;H icsa!
ad mmn is no, contingent bu; absolute. II takes effect in
pre- aud It is tine duty Of Courts 10 srT tna is 20
Lpg uPeatd. Ii ani night III these eosiura
tins iGlows a. matte 'i eo'sf 'st h oao ,S Stn s
of the right of eus,Sdy was properly egOfe 'he % sun
,ogsie, and have been passed upon y MN can hO
b. svhs, tlcrefGc Of review here Boz, pdsPendent OF
Illegally restrained Of tair liberty IL was urged "iih fnci
ssaaut hut the act Of INC rp"Is'ion eoIe,s ao.oss
rights usn iespondens only sNeI m,uor lad, injured
yursuapi The that until such sppuiic,shP lh s.is e
u Tn, 9Th section of the act which VA fvid urSn
by .pnd counsel IN rne this proposition relates simply
20 the government Institution and IS nustes previous to
ceshp The ph declares that iho Board Of
hdentued by Ni1a' shd Ia plsueIoc u anc " s.
From The view, however which take OF the objects eod
C the et IN nneo!on w the alleged endeT aud the cir
whether The cOud Of John Lsn such that ne
hi ngik ~ Is quite c!aI in the ehasAo tSt tMs -ut
.ud D. entitled to SERIOUS consideration tht decision ct the
oass A. al depended upon Yet ~ d. no, material
lc decision % the 1an question e nan non Apfcne any
ofnon H. The second question u toe etrt 81 the pP'r
i ming for sh" sake q Ari' 'aat JVsn
tlou authorizes tbo TesPndcns 70 take BY snTrsndeF
tho ard euody Of Children Tor the Pups and oeecis
specified in toe 6:h section bJ sny in,1n nt OF oeSsS1 10
writing t1eood BY tae "nainis OF other suSdian SHi'
rr0dcr mems yicd:o giye uPo rsgn IN Vo ct snoiheI
s'n pSsi& ssS IA o. S s ss mus TAX. esc, in present.
A. was no, the the Legislature make the surrender
subStiinc for deed w It intended tha; h. sc,
In any way eject the statute such dp siou
of ohp. Th' Objects of thea sfe oirary dehn' 10
sai siss aud 10 csssbuh and maintain it
,sdr,n Tie objects here b accomplished
snys,e The legislative design least 10 pIovdc fo5 the
,stte and doubt that sOch dcsS eeinS carried
.t hy tic Association While Is the duty II s e. sssist The
p,yeu snd huuane In thc agdakle Caos 20 alleviate the
rss ef the deute was not tee design oi tue isSoA
and