The New York herald., 1876-08-15
SENDING CHILDREN WEST.

TIE HOPE cAsI-IxPonTAXr DECISION OF
JUDGE NEu.soT DENYING THE APPLICATION
OF THE MoMHn-How AGENTS NAY ACT
PARENTS.
Yesterday Justte Nielsen, Of Part ], Brooklyn Cisy
Court rendered saecison in the matter Of the appica
tion of counsel f Mrs Hope who sought tor writ OF
habcas corpus tocompel the managers of the Brook
yn Industrial s. hool and Home for Destitute Children
TO produce her bur children-,hrcc girls and boy
whose ages ranse from four to fourteen years. The
case, which has attracted considerable local attention,
was of peculiar interest and involved nice Ques
ton OF law andequty touching the right OF an insiitu
ton to send away out West to unknown homes
children committed by parent for temporary caro-
without the knowledge or consent OF the natural
GUARDIAN ; appeared IRON the complaint lhat
in the early part OF last fall the husband
OF the plaintn who was person OF humble crcum
stance and education deserted his vile and family
in Brooklyn and. in November the wife being unable
10 support tho children, gave them to the custody
OF the Bosd OF Commissioners OF Charity OF Kings
county Tie latter body surrendered the four county
wards-thf Hope chdren-to the Home for Destitute
Children. II was the custom OF the mother to call
irequcnty at the Home and see her children. but on
they had been out West, under the auspices Of
the Children's AID Society," and the managers could
not where they located until such time as the
agent OF that cooccrn reported the disposition ho had
made OF them. The distracted mother APP
piled to the Mayor, and tho local news
papers expressed their sympathy with her
while several citizens volunteered to render
pccunhry aid TO effect the restoration OF the little ones
ibrcush legal processes den wing the right of any
tuition 10 take minor children from the custody OF
mothtr. Tho argued in court, and The man
ayers OF the Home Tor Destitute Children IN their
answer alleged that The pain was an inebriate, had
been IN the Penitentiary and was generally an I'M
proper person TO rotan the charge OF ber offspring.
Judge Nelson, in rendering his decision yesterday,
saf:-'No rcliof can be given under this writ The
children have not been restrained OF their liberty
within this State. II is not necessary to consider
whether any relief could be obtained ia any oiher pro-
coedngs, by action in equity had occason
10 consider such question In the case OF
Nash Douglas, reported In vol. H. Abbotts re-
ports, L. s. y. 1871 where the plaintiffs son had
been sent West, and the action was brought in the
broper form 10 compel Douglas the agent for the
Home for destitute Children to return the son or pay
damages. In that case tbo father was, and had becn
able provide properly for his son. and the son had
been useful to the family. The son. however assumed
a false NAME represcnte himself to be destitute and
the agent without the knowledge or consent OF tho
parents the West. In that case considered
that the question OF Inability depended the good
faith OF the agent, Home for the Destitute, &c, in
thus accepting and providing for the boy, and that
clam could arise where there NJ negligence in
the defendant la view of the argument then pre-
sented by counsel had occasion to expres my convic
tons the character and merit Of the institution
thus established for tho benefit Of the desti-
tule ! have seen no occasion to change
or modify tho Vows then stated In Tue
before the TOUR children were brought TO
the Home by Mr.. Cunningham, as one OF the Commits
soners OF Charity Tor this city. The mother had
paupers. They atterward, and without her
knowledge. sent West, and there provided with good
homes, and. according to the return IN the same
locanty. where they can frequently see each other
The father had previously abandoned his family and has
not since been heard from. Tho mother now making
this application has been, according to the proofs, IN
distress; not only poor but dssolutc. So far as The
children are concerned and with regard TO ther IN
terosts and welfare Is doubtless well that this applt
cation cannot be granted their condition " they
hero under the control OF the mother and dependent
upon her Tor support would be ccplorable But STILL
Shn had fhn tyht N
would be granted, though With reluctance.
the writ and proceedings discharged.