St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1893-02-12
The BOY GOES FREE.
Judge Willis Reviews the
Commitment Of the Boy
Burglar,
And Declares His Punishment
Contrary to Public
Policy.
The Seeger Contract May
Hitch If Mac Proves
Festive.
Distressing Tragedy in the
Burning Of j. E. STRIKERS
Child.

Judge Willis has disapproved the COM
mitment of John johnson, an eight
year-old boy, by the municipal court to
the reform school. In his opinion Judge
Willis reviews the case and gives his
reasons for not sending the lad to the
penal institution. The experience OF
his honor on the board of charities for
several years gives weight to his opln-
ion, which is given below:
1.-The warrant of commitment evil
IDENTIFY attempts to set forth a statement
of conviction of the crime OF burglary,
and the certificate of the judge of the
municipal court attached to the minutes
of testimony transmitted to this court
describes tie crime with which the
defendant is charged as burglary. The
intent with which the defendant did
burglariously break into and enter the
school house building known as the
Cleveland school," ETC.. is not stated.
The warrant of commitment also dl-
reefs that the chief of police, police
officer, sheriff OF constable, to whom
the warrant is directed, shall convey
the said defendant, John johnson, to
the Minnesota State Reform school, in
the county of Ramsey. This court Will
take judicial notice of the fact that the
only reform school in Minnesota is 10
Gated in the county of Goodhue. Again.
the testimony is not sufficient to war-
rant conviction upon the charge
of a breaking and entering with in
tent to steal the goods and chattelS of
the city of st. Paul. The evidence tends
to show breaking with intent to take
property belonging to 5. A. FarnsWorth,
a private person. The evidence also
tends to show the commission OF acts OF
malicious mischief on the part of the
defendant. 1t is a serious question
whether the defendant is of an age suf-
ficient to render him capable in law OF
committing the very serious offense
of which the documents under
consideration attempt to declare
him guilty. The most serious
bjection to the conviction in
question, however. is that The munich
pal court of the city of st. Paul has no
jurisdiction to try any person and con-
Wet him of felony. The only juris-
diction of that court in cases OF felony
is to hold preliminary examination OF
the alleged offender, and either dlS-
charge him or commit him for trial after
the Investigation of the grand jury. 1t
makes no uluCIeHCG WHCtHCl tiiO pOl-
son apprehended as a culprit be
child of tender age. OF per
son of mature age. Children have con-
stitutional rights which are just
as precious to them and to the com
munity as the Erights of older persons,
and the courts must protect all classes
of persons in the preservation OF their
eonstitut onal rights. Therefore, as the
Judgment under review was not suS-
talnable as a conviction of felony, and
was improper under the circumstances,
the defendant must be discharged. 1t
may be proper to observe in this con
nection that the practice of taxing chill
dren of tender age from the domestic
circle and committing them to penal in
situtions is opposed to the most enlight-
ened thought of the present age. Pa
rental correction IS far better than the
penal or reformatory methods of jails,
OF reform schools"