Evening star., 1898-01-19
BERTHE MUDD FREE.
Opinion Rendered by Justice Bradley,
Presiding in Criminal Court.
NOT LAWFULLY IN CUSTODY OF BOARD
ChiIdren's Guardians Committed
Her to House Of Good Shepherd.
WRIT OF IIABEAS CORPUS

Judge Bradley today in Criminal Court
No. made a ruling of considerable i'm
portance, affecting the commitment of
children to the custody of the board of
children's guardians. The ruling was made
in connection with the case of BERTHE Mudd.
The latter, who was taken into court on
writ of habeas corpus, was discharged
from custody by Judge Bradley, after hav-
ing been an inmate, against her will, of the
House of the Good Shepherd for more than
three years past. Upon the delivery of his
opinion BERTHE left the court room, appar-
emily we'll pleased.
Arguments in the case, as reported in The
Star, were made Saturday last, the court
taking the matter under advisement until
today 1t was explained that Berthe was
committed to the care Of the board by one
OF the judges of the Police Court the 18th
Of December, 1895, being at that time fif-
teen years of age. The reason for her COM
mitment "evil surroundings The
girl reached her eighteenth birthday the
any offense, and is capable of caring for
herself, it was argued. 1t was never in
tended, it was further set forth, that the
board should retain the custody of the girl
after she reached mature age. Attorney
j. H. Smith, who represented BERTHE, en-
phasized the fact that the latter was de-
prived of her liberty because Of no ofrense
committed by her.
The Boards Contention.
The board of guardians through AS
sistant District Attorney Baker contended
that BERTHE was properly committed to
the care of the board, and, it was argued,
as there is no law in force in the District
of Columbia that fixes the majority of
female at eighteen years, the board should
n q unit CHI
tains the age of twenty-One years.
In deciding the matter Judge Bradley
remarked that Berthe, during the period
she has been detained at the House of the
Good Shepherd, has not been permitted to
go outside the walls of the building except
to go into the yard, for exercise, inclosed
by high wall. Her parents and members
of the family We're permitted to see and
speak with her only iii the presence and
hearing of some one connected with the
institution. Unless the board of guardians
could show proper authority of law for its
action, Judge Bradley stated. that condition
of things ought not to be permitted to con-
tinue.
The board of guardians was created for
humane purpose and very beneficent
work, Judge Bradley went on to saw 1t
was intended that it should protect chill
dren committed to its care, see that they
are Kept from evil associations and are
provided with homes. i
THE board undoubtedly does good
work. the court said, but that is not the
question at issue. We are called upon to
decide whether not the detention of
this girl by the board is lawful. Infer
entially she should be detained if she was
lawfully committed until she reaches the
age of twenty-one years, as the board has
the authority to apprentice during mi
norlty children committed to it's custody"
continuing, Judge Bradley said that the
humane Society is an organization &C.
tuated entirely by humane and charita ole
motives and is supposed to look after the
interests of poor abandoned, destitute and
cruelty treated children. The board of
guardians looks after children who need
protection and have been committed to its
custody.
Judge Bradlcy's Ruling.
Judge Bradley then announced ruling
that, unless reversed, will necessitate
most pronounced change in the custom
that has beer followed in taking children
before the Police Court for the purpose OF
securing commitment to the custody of the
board of guardians.
There Is no provision under the law for
the board of guardians to arrest violaters
OF the laws relating to children said the
court. 1T appears to me to be clearly
contemplated that such steps us are nee
essafy to bring to justice violaters of the
laws referred to, and to take into court
children in need of protection. should be
through the medium Of arrest by officers of
the Humane Society.
The United States attorney" continued
Judge Bradley, has no authority what
ever to cause the Police Court to be inform
ed by information that any child comes
within the province of the law when the
protection of the child is concerned. There
does appear way, and only one way, OF
bringing these cases before the Police
Court. and that is by the officers of the
Humane Society. l do not mean to say
that the Police Court cannot commit to
the board after the child has been taken
into court under different proceedings
In my opinion it is unlawful to institute
such proceedings as this through the
United States attorney, and thereby have
the children taken into court as criminals
Judge Bradley also stated. The humane
way is through the medium of the Humane
officers
No Order of Comm itncnt.
I'm this case no order of commitment
was ever made Judge Bradley said fur
ther. There was merely memorandum
entry, Turned over to poor chidrens guar
diars,' ON the Police Court record. What
turned over may mean is left to the i'm
agination. 1t is of the utmost Importance
that there should be, in these cases, dis
tinct, definite order by the Police Court
committing the child and stating the rea-
sons, age and the period of the commit
eht There are other questions of inn
Foftance involved in connection with this
mater mat may come up for considcra-
tion at some future time, but it is not nee
essary for me to go into them now"
In conclusion, Judge Bradley remarked
that 1t might be better for her own inter-
ests that Bertle remain at the House of the
GOOD Shepherd, but the court said he would
not touch on that question
About Prominent Men,