The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1893-03-22
HABEAS CORPUS ARGUED
Board of Children's Guardians Oppose
Release of Gertrude Shutter.
Five Divorces Filed Yesterday, Charging Moral
and Other Dslinq uepcies-Dr. Levi Rit-
ter's Will Probated in Open Court.

Judge Baker yesterday heard the argu-
ment In the habeas corpus case for the
release from the custody of the Board of
Children's Guardians of Gertrude Shutter,
aged thirteen. Her father. Shade Shutter.
was represented by McCray and Ashby.
and the board by Charles Martindaie and
c. l.. Hare. Judge Baker informed
the attorneys at the outset that
the only point that he cared to
hear discussed was whether the statute
creating the board is or is not contrary to
the Constitution of the United States.
Mr.. McCray occupied the attention OF the
court for two hours, and then Judge
Baker said that he had before decided such
q case. and that his mind had been made
up. Since bearing the argument he had
not been convinced contrary to his former
ruling. The question had. no viewer. re-
solved itself into the question whether q
failure in the statute to provide for serv-
Ice of summons on the child re nders tho
statute void. He said he would give the
petitioners until Q O'Clock to-day to find
authorities on the point.
The case is one presenting the ques-
ton of the right Of society to pro-
tCCb AtoCik W INV
public agent instead of the parents
cult Court gave the legally created Board
or Children's Guardians the custody of the
girl. and the law, to be operative, must Dc
construed. it is held. to give power to pro-
tect the child against former associations
and Influences. In this case the father was
in another city when the girl was taken
from q dissolute woman. according to the
testimony. and committed 10 the ooards
-a<I L. a.-a la ~ nIla 4 cara fnr tia
girl, to clothe and educate her. 1t is said
several members of the board are doubt
full of the evidence on which the Circuit
Court acted. and Rey. DE-. Hyde. president
of the board. Is much exercised In spirit.
He told the United States marshal that he
would have nothing more to do with such
cases, and that he wanted no more papers
served on hin.
On the other hand. members of the board
say that the allegations in Shutters petit
tion to the United States Court are baseless
in fact. and present wholly q different and
false idea of the case. 1T Is an outrage"
said a gentleman interested In the board,
that respectable lawyers should allow AL
legations SO reckless and false TO Do MADE
and sworn to by their clients"
Much 10 made by Shutters friends that
the child is not allowed to see either her
parents or an attorney. They say also that
the only evidence before the trial court
was that Of the boards officer. Mir. Elster:
whose position in the role OF the actual
dRenb OF Tue INV, scpofdtHue poiCnso ahu
children. is not an enviable one. 1t brings
him much abuse. and his credibility is
fiercely assailed by those directly interest
ed and by those whose sympsthies 90
NOT extend beyond the superficial
consideration in the cases before the board.
The report of officer Elster shows that no
matter how abusive. cruel or neelectfui
some depraved mother Is to her child. when
the law steps in TO protect the child and
save it from it's rulnous environment. she
will suddenly become the most devoted
and tender of mothers, and in the loudness
of her protestationA the benign purpose OF
the separation is entirely lost IN the minds
of good people who become cognizant OF
the laws interference.