The Washington times., 1894-08-05
What European Nations Have Done to
Protect the Little Ones.
A SUBJECT OF LEGISLATION
Evils of Child Labor Have Been Recognized
and the Strong Arm Of the Law Has Been
Thrown About These Helpless Ones
Progress of the Reform.
Written for THE TIMEs.l

is less serious than it was twenty years ago
In this connection are interesting the investi
cations of United States Consul Henry @
Morris, at Ghent, Holland, as to the variou:
European enactments on child labor. Oppo
nents of the evils of child labor have a larger
field of effort in the old world than the new
and the history of their efforts is the record
of great and good reform.
For the purpose of reference children re-
quiring the Intervention of State protection
may be divided into four groups. First, or
phans and abandoned. Second, youthful
| paupers, Deggars. and vagabonds, generally
under eighteen years of age. Third, minors
| who have not reached the age of judgment,
and acquitted of crime by reason of want Of
| discretion, and young criminals and law
| breakers, who, notwithstanding their I'M
| doubted perversity. have not yet attained the
| age of responsibility, and children under evil
| influences either by the example or by the
| instruction of depraved parents.
Perhaps the law most generally enacted is
that which forbids the sale of intoxicating
liquors to children. and Furnishes those who
| cause children to drink excessively.
Among the most pitiable, however. are those
children whom their parents or guardians
cause to go about begging, performing some
acrobatic feat or singing for the sake of gain
| ing some small pittance from the charity OF
| the bystanders. Formerly in European states
their number was enormous.
II is this difference between the theories of
the Romans AID the Germans, which dis
tinguishes even in modern times, the various
| legislation upon this subject. In a modified
| form where one or the other of these
| ideas have been adopted as the juris-
| prudence OF a country it is derived from
one or the other OF these two sources. Most
nations have adopted measures for the pre-
vention of crime by those of youthful age, as
well as TO protect young persons from ex-
ample and instruction in crime by their
elders. These various enactments afford q
field of interesting study.
HOLLANDS PRINCIPLE OF FORFEITURE.
In its latest code, dated March 81, 1881, Hol-
land has admitted the principle OF forfeiture"
as regards parents who cause their children
TO participate in any misdemeanor whatsoever.
or who commit any specified infraction of law
to their prejudice. In ease OF the 'impossi-
bility' of the father his rights pass to the
mother, and the courts consider in this
category his unworthiness or his incapacity.
Russia and Poland have specified numerous
instances when the parents may forfeit their
prerogatives. The Portuguese code deprives
of the paternal power those who may have
been convicted OF abuse in its exercise.
Against "a father guilty of slight offense the
Judge may also pronounce a supplementary
sentence which deprives him, for a certain
time, of the custody and care of his child and
its property. Ii Portugal, however, the laws
seeks TO punish after the wrongful act rather
than to prevent its commission.
The Italian law takes account Of the double
necessity to prevent as well as 10 punish the
wrong conduct of the parent. but admits tire
hafn
misdemeanor, a preventive measure against
the father who either fails in his obligations
or is incapable of fulfilling them. The court
may, on the demand OF the family or the
proper public official, remove the child from
the paternal roof, even against the will of the
father. As consequence OF this prinaiple.
when the parents abuse their authority. when
they violate or neglect their duties. the court
has the right to appoint guardian over the
person and goods OF the child.
In Switzerland, in all the cantons. with
their various laws, there does not exist any
difference between the paterDal power and
guardianship; these two powers are composed
and are subject to Il tutelary authority, which
is vested in the administration OF most of the
cantons. The fathers power is given to a
delegation OF the communal council, under
the superintendent of the prefect or of the ex-
ecutive council itself. Swiss legislation be-
trays a tendency more and more marked to
let the interests OF the children outweigh the
natural rights of the parents and to subord-
mate these latter to the power of society.
PUBLIC GUARDIANS IN GERMANY.
The same is true in Germany and Austria,
where the paternal power is subject to the
supervision of a public guardian. This
functionary, corresponding to justice of the
peace, interferes in virtue of his Office, in
certain eases. besides the full deprivation of
his authority. German and Austrian legisla-
tion admits that the rights OF the father shall
be suspended or limited if he show unworthi-
ness or incapacity. Controlled in their en-
ployment and practice by the orphans coun-
ell of the commune, these rights may in Hum
gary be extinguished when the education and
support of the child are neglected, and when
its morality, health or fortune are endan-
gered.
In Norway and Denmark. whose institu-
tions are strongly affected by Germanic tradi-
tions. the paternal power is placed under in
creased restriction. In this respect Scandi-
navian laws resemble those OF the Swiss can
tons. The tutelary power is confded to GER
tain local authorities, assisted after the man
ner of council by certain members of the
family. The applications of this power are
not defined or regulated beyond its right to
prevent excess or to supplement all weakness
of the paternal authority In Denmark it is
ernment by means of protests; in Norway it is
purely administrative. The authority of the
State comes to the aid of the child when the
father neglectS his obligations by Indifference
or misconduct, when his health or his poverty
prevent him from taking care of his child,
when he is convicted OF immortality or
brutality, or when by his fault the child hap
pens to be condemned for vagrancy or beg
gary.
ESGLAND's DESERTED CHILDREN.
More than any other nation, perhaps, Eng
land has been menaced by the progress Of
dangerous classes, composed of or originat-
ing largely from children deserted or ILL
treated by their parents. The right of the
father to the care, education. and guardian
ship of the child has always been dominated
by the traditional principles. by virtue of |
which the lord chancellor. in the name OF the |
has a control higher than the |
father. The law has always had the right of |
a guardian in the place of the in /
capable or unworthy father. By virtue of the |
act of August 10. 1866, supplemented by that |
Of August 2, 1880, every person has the right |
to apprehend and conduct before the magis-
rate abandoned children found in a condi-
lion of beggary or vagabondage. or known to
frequent bad resorts. The Judge
mas the absolute authority to order them to be
sent to industrial schools.
Spain, 1t is true. freed from the Roman
tradition. has separated from the principles
,f the Roman law. The new code, promul-