The Dallas daily herald. [volume] (Dallas, Tex.) 1873-1887, 1881-04-15
The State of Texas,
EXECUTIVE CrFICE,
A,,rIlll lhSl

n luae 10 prOVlue Tor c lmfnittinS minors TO the
same, and to pr vide for the support and main.
tsuance Of the same - p .ssed by botn houses
=. u the Seventeenth legislature on the 3lst Of
llrch, 1881, and pres sntrd to the cover uor on
ee DAY OF ADJ ournment, the frat Of April,
. 1881, Is hereby disapproved; and with the fol-
lowing OF 'ctions thereto, Is this ,ay filed In
the office Of the secretary Of state, in pursuance
. 10 the cOnsti uLion
0 TIL dlsapproval of said bill 10 because it
contains provisions utterly suhversive of the
, family relations of parent and child, as they
have existed In civil z d and free cpuntries
centuri past; and bscause II carried ont In
N the te ms Prescribed, 1t won violate the con-
stitut onai rights OF persons of The most sacred
n character, secured by the bill OF RIG hts CON
tain In the constitution Of the STATE u
! Texas.
The bill provid for tho establishment of
such hOus Of refuyc, by the u ajorltv OF the
council any city, when fifty persons shall
n have subscribed TWEEN y tiyedo Ia sesch for the
cree lon OF buildings, one Tor m les and one TOR
irmsles, not less than u quarter If Iniis
apart,
a Ii is placed In charge Of nine directors ap-
pom ed by the mayor. the county judge and
The district judge. each appointing three di-
n rtctors Tue directors are given plwar toe
pei their own members, and to fill var ANGLES
Ia tteir own boarh. thereby maxi Z il u close
n corporation In perpetuity, to keep and take of
other people, children. The board of olrec-
to appoint persons TO manage the institu-
, lion, and dictate TO the city council
the amount, of money to be collected for
n 10 the one hundred dollars upon The taxable
pr perry tthe city Saii boad OF directors
are author lied to receive under tneir guardlau-
a ship and coHtrol infants under tho sge OF Fix
teen, a d Keep and employ them in the institu.
n tlOn, or bind tIem ouv until thep are TWEEN v
one years OF age, unless they think proper 10
discourage them, or uni ssthey a. taken away
nom them BY some remedy provided in said
- | bill.
U The direc'ors receive such infants
when committed to their care by a
0 justice Of the peace; mayor, judge Of
Judge, di'trict Judge, or probate judg., upon
:, consent and app ication OF the par mt. guard
= Ian. or next friend upon proof that the in.
fant rs 50 inco 'rigible nm Wei US rs not to be
N subject to the control ofsuch parent, guardian,
or mex friend
a Such officers may also con- nit such infants
" On the ground that the parent, guardian, or
y other cause. Is iacapuole or unwilling TO
exercise proper cara and dicp,iDe
over theu. The county judge Is authorized 10
4, comm tany infants. whether goud or bad who
are stitu,e of suit bic home. and of de-
qusie means of obtai ing an honest liv NJ, or
n who are Ia niger of being br lught up to lead
an Idle and immoral life A great obj elton
TO the G provisions VI the D II by which q child
may % forciOly taken IRON the parent il. that
n there are no proceedings pointed out by which
y the NECESSARY facts are sscer aimed acd Diet T.
mined nnd 1t Is LETT to the officer w.tnont
Judgment to determine the fitne s
or unGtness OF n parent TO etain the custody
and care of his or her own child aud to de.
4, termine the danger OF the chilG being brought
up to lead an idle and immoral f., III It
would Justify the torcibe taking OF a child
from his or her father or mother Thus far
N the law provides for committing chi d EN- Of
~ both sexes under the age OF siSten years to
prison, and keeping them there uonn nei pos.
N sibly for five wears or over, who have commit.
" tel no offence known TO The law of
the land bat VINO are udjudye 20 be incorrig
| N
" poverty, or arr liable TO be raised up 10 an lille
ant immNr ol life.
n here use Q word pr son, because prac'l.
" cally II must be prison with locks, bolts,
and guards, who W use for q TO Ike p tn ,se
N ncnrrgible and vicious childreo from twelve
" 10 sixteen years OF age, aud the good CHI ldren
too; who ere committed agains, the will of
M their parents. If they are truly incorrlsible
" and vicious sou of them will rsfu,e 10 work,
viii refuse to ob'y their managers, will do
mischief. What then? The ansSe
\, Is the lash, tho dark room, or scant food, to
" bring them t, suOj elton, and vet they may
have committed no orense known to the law
OF the lard.
The bill provides also for cases wherein
y Chi dren urdsrsiAtsen wears If age are ac,G ed
o. lenses under the law.
The mode Of accusation and Of prnocalinrs
N peter 'mnttment, ant "f possible re iei from
section Of the b II, ana referring ~ tnt sub
IN ancs oil tn OF rrs;
W section :, II any accusation 4 the
snmmi sin OF any crime shall
be made agalns' an Infant under la axe OF
n Ell ustn ears. lief re The Z AM in y OF I Q
~ cou'ty, IN which such hon of refJg, NAY be
inaled, snu e charge 'ueIrs I. he sup.
n por'td by sufficient 'vidc c. IT. put he ac-
" cnsed on trial, III and Juror ma,, In th.ir
uis re'ion, ins'e1d Of Il ding an ind 'ctment
against the accuse |, return 10 the cpurt that
~ appears TO III m that th' y cusct Is suit
o able rsrson to BE- comm tied to the qua dian
y ship OF the director, e ire house Il RET g.,
ami 'he court shall q ereupnn I'd n .uch
M commitment When this commitment is
" uttered upon the OCCASION OF n crimiral
charge, 1t Is al the entry that oan he msds,
N according 10 Sc ri n IA Of the bill, EXCEPT
" upon demand of the infant his parent or
Ky, ulan SUI there are no provisions in the
elll requiring that the infant or his parent
N shsil be notified OF the acc 50 ion, or as to
" how or whea the d mani should be made,
either before or after the commitment is en-
yer, d ny the court. There Is no provision for
N bail, rs upon an Indictment. in 5 entry az
" commitment Is msd = by section 10 OF The nill
!, anal answsr 10 and de ense against writ of
~ h Nheas corpus
Ry section - it's provided that IL any pa.
rent, gurdl N, 'r re atlvo as near IA =
N onuSlu, shall oel asgrieyel bv he commit.
v ment TO tue di 60 ors, snd de mana custody OF
!he int ~, me aprllcation must nr' be mate
a 3 lhe d'rtc orr, wna sir In judgment on the
" ioatie /, and irlhey decli \, t, uoerate III In.
~ 'the applcint may tnetcnpIn, upon nras
A wv ny security tr tre Gymeut OF sll ros' :,
S'mmrnce ~ ac lou in zoe district Q urt OF
-, ''"'i'N Aui wv l''NNcTg Nl lne 'n.t uy OF
n snoh tnhnt ySust the dire ors OF
v the u uSrlt refuge, when seldom shall be
eon.uN y N ~ spec MS 9TH r actions are
v ure'' " W.
There lSNo such acton "a thi',i the T,yas
n DEE criminal proc dmc AID never was,
Ihe nearest approach - 4 is by writ % htbe 3
corlus sud mats pc II velv forbidden any
N iur'her hAN to have 'NhiDited the ord,r III
" com ultmeut ny the 'glh sect m of the hill.
the oil or right. IN our cons lituilon TO tae
contrary notwilhst,nu Ing.
n This same secti N gee fur ther, and provides
" mat although the applcan should succeed In
thisunkuown action for the custody OF tho
niant, 1.-The cost OF such ac-
Ton shall be pad by the an
pllcan' unless the court shall certify before
signing ne jur gment that the refusal OF Inc
u,teciors TO grant the application Of the
plaintn was plainly unreasonable, or the
original commitmeut mAu,festiy Improve
a, snu unnecc ~ r
!" ,Alar, from the srevlous disadvantages which
"A WIS oill Imposes upon the par mt Ia protect,
" anu N Keeping control of his or her own en- IA,
" must tc tecolected hat our children under
sue ave OF sixteen are citizens Of Texas, aud
M a.e entitled u the prot. elton OF the consiItu-
~ anu avs of the state, AZ much ss anyone
Use ~ that Point ,f view tina hill
n, questionable nom be innlng 10
snn' As WI, be exhibited by r f,rencs to y
Jew provisions of the c,-s tuition, without
N ,m,ntr telerree to particular 4 arts OF it by
|" way II application. "
NO neis.n shall he held 10 answer f,r o
4, ,,r.nn !, onence unless on indictment Of a