The evening world., 1890-01-13
RIGHT WRONG.
Bill Which Will Prevent the Bn-
Iust Commitment Of Children.
1.-THE Evening Worlds" Crusade
Ending In Victory.
Elbridse t. Gerry the Author Of the
Measure.

which THE EVENING WORLD made In the
last Legislature for the bill which pro.
yided for a review by a superior tribunal
of the cases of children commltteu oy
police magistrates to asylums anu o'hor
institutions.
That measure, designed ns o afeguar
against the injustice often doneto parents
and guardians by hasty commitments
where all the facts and circumstance ave
mot been brought out before the ponce
magistrate, failed to become a law.
Despite defeat, however, The evening
won1p has not gwen up its struggle Tor
the principle which it so persistently
championed last year, and this week there
will be introduced in the Legislature q Dill
that will provide a sure and adequate
remedy, and which 1t may be predicted
with almost absolute certainty will become
n law within a very few weeks.
The new bill has been drawn up by no
less able and learned o lawyer than Presi-
dent Elbridge r. Gerry, of the Chiidren's
Society, who was the principal opponent
of last years bill.
He has come around, however, during
the interval to The EVENING WORLDS
WAY of thinking, and has admitted very
frankly that an evil has existed In the
past which demands q speedy and COM
plete remedy, and he has constructed n
bill which will. as he has shown, fill every
requirement OF the case case, ruv Evrv,xa
WORLD brought up a year ago." said Mr.
Gerry to-day, In conversation with are
porter, !" set me thinking, and when b
cases of the same kind had been taken up
and decided against ns.acaao came W W MS was
right in demanding an amendment OF the
Last Winter, when THE EVENING
WoRLD's bill was pending in the Legisia-
ture, 1 had been studying up the mater
for some time, but had not fully worked
out my idea as to what sort OF o measure
would best answer the purpose. Is
the reason I did not introduce q measure
of my own. .u,
con~scientiously, for / believed then and
still am convinced that 1t was not what
was needed. 1 will explain.
I'm that bill the remedy proposed was
by writs of habeas corpus and c~ertiorari.
Now, any bill which gives Q judge the
power to go behind q final Judgment in q
criminal case, as these commitments are
20 be regarded under the Penal Code, on O
writ of habeas corpus. Is violation OF the
principles of the law as established In
many decisions In the Court OF Appeals.
"Begdes being o cumbersome method,
il would also be expensive. for O Judge
would have to send the matter to a referee
to take testimony, and the parents o.
the institution having custody ofthe chile
would be be obliged to pay big fees, &C
cording 20 the decision OF the referee:
What the new bill proposes Is strictly
In accord with the provisions OF the Cod
Of Criminal Procedure as they exist to-day
and the remedy / believe already exists
In the law. The object of the proposed
amendment is to make the law more sPe.
oiio, and to add other provisions which
will be specially applicable to these easel
OF commitments when q review OF q cas-
on it's merits is desired.
In other words, the remedy Is by APP
peal. Section TAO of the Code Of Crimi
nal Procedure provides that;
A Judgment upon conviction rendered
by court of special sessions, police court
police magistrate or Justice Of the Peace II
any criminal seton Oh pTocseaings OF sPsc "a
Viewed by the Court OF Sessions, Of tn
county upon an appeal ~ prescribed In thl
! title. and not otherwise.
This, Mr.. Gerry argues, already give
the right OF appeal In children's cases
but he proposes to add after the word
special proceeding Of a crimina
nature. " the words Including the com
mitment of children by police magis
trates," SO that there will be no mistak
about il.
This will at once place these cases OF
the same basis with any other crimina
proceeding, and appeals may be taken 4
the General Sessions, and from there .
the General Term of the supreme Court
The addition Of these few words are al
that is needed practically, but othe
clauses in the bill. which is very brief
provide for a few additional safeguards
These are TO the effect that the Societl
Or Institution having b custody OF tn
child shall be served with a notice o
appeal. and shall be heard in the hna
argument, and that pending the appea
the child shall not be removed from tn
institution Of which it is an inmate.
The advantages of bringing ehlldren'
cases under this head OF the law, as emu
merated by Mr. Gerry, are a. follows:
In the first place there Is no principl
of the law violated, IS in the case or
remedy by habeas corpus, and the rem
edy itself is perfectly logical, eonsisten
There Is no expense to the parties. 70
n the county pays all the expenses of sue.
proceedings. and there Is no delay bS
" cause the statute already provides tha
sueh appeals shall take the preference
over all the other business Of the Court
II will also be provided that the takln
Of the appeal shall not be limited 10 th
N parents of the child, but any one who ha
the legal custody of tine child at the tim
OF its commitment shall be authorized
-N apply for IT.
The same time limit shall rule as {
N. present. that is within ten days OF II
commitment. but in cases where the con
mitment has been made without q
knowledge of the lawful guardians Of d
child. and the time has elapsed with
} which the appeal shall be taken. IL
Judge mAy in hls discretion order &
appeal. This provides against all acc
MI dents, shutting OF the right Of the parsn
o. others 10 appeal.
Another provision e made for the 81
iag q sienographic minutes hf The noll'