The Saint Paul globe. (St. Paul, Minn.) 1896-1905, 1902-08-28
Arrested on Complaint of Its Mother,
Who Is Made Constable and
Guards the Child
SECRETARY OF ASSOCIATED
CHARITIES GOES TO JAIL
He Is Charged with Contempt of Court
in an Attempt to Deprive the Mother
Of Her Child-Law Declared Uncon-
stitutionaI and Gives Rise to Public
Indignation.

KEOKUK, Iowa. Aug. 27.-In a legal
fight for the possession of her eleven
months-old baby, which is seriously
i'll, Mrs. Vina KelIar caused the ar
rest of the infant today on charge OF
vagrancy, had herself appointed spe-
ciaI constable to take charge Of the di-
minutive prisoner during a continu-
ance of the case, and thus won a
victory over Secretary Elmer Park
of the Associated Charities, who wag
landed in jail for nearly an hour foI
contempt Of court in his attempt to
deprive the mother of her child.
A construction Of the new socioIog-
ica1 statute passed by the last legis-
lature has resulted All last night and
today several courts were kept busy
and Secretary Park spent forty-five
minutes in jail, being finally released
on writ of habeas corpus. He is now
in legal custody of the child and
the mother has actual possession, hav-
ing obtained the infant by extraordf-
nary means and hidden it. The doctor
says the baby probably will die.
Mothers Natural Desire.
This added to the mothers desire to
see the baby as she hitherto had been
denied all access to it. A new law was
passed at the instance of the scien-
tific socioIogists last winter. 1t pro-
vides the procedure by which children
may be taken from incompetent, dis
solute or immoral parents and given
to persons or charitable societies by
courts or mayors of cities.
Judge Huges, of the superior court,
today construed the law to mean that,
if the mother is found competent by a
trial court and the child be given back,
the filing of a notice of appeal by the
Associated Charities stops the execu-
ton of the order to return the child
to the mother. The effect is to keep
the child away from the acquitted
mother until a long series of appeals
through all the courts to the supreme
court are finally decided, taking gen.
orally two years. The attorney for Sec
retary Park said in open court that
this was the intention Of his client.
Popular Indignation.
Judge Hughes is a lawyer and turist
of the highest reputation in Iowa and
Missouri, and his decision rendered in
the habeas corpus proceedings has
caused a wave of intense indignation
over the new law.
The baby involved in this, the first
case in Iowa under the new law, is
aeuteIy sick, and the neglect of the
mother is charged under the new
statute. On trial the mother was found
not guilty of anything in purview of
the new law, which also was declared
unconstitutional. Secretary Park ap-
pealed and refused to obey the order
of the court to return the baby to it's
mother. He was then arrested on a
bench warrant for contempt of court
and summarily sent to Jail. His law
yer then routed Judge Hughes out of
bed and filed a petition for a writ Of
habeas corpus which had a hearing
today.
In the meantime the mother of the
baby today had a neighbor file an in
formation in justice of the peace's
court, charging the baby, eleven
months old, with vagrancy. A big
constable arrested the baby at the hos
pitaI where it was being treated and
brought the infantiIe prisoner into
court. The vagrancy case was con-
tinued to Saturday and the mother
was made special constable and or
dered to keep the baby prisoner in
safety until the case should be called
again.
Hides Her Infant.
The mother took the baby and hid it
somewhere in the city. County Attor-
ney Marshall said tonight that the
next move would be the prosecution OF
the justice and the mothers lawyers
on charge of conspiracy in the va
grancy case.
Judge Hughes says 1t is true that
the new law makes it possible for any
body to file an information against
anybody's child, and after acquittal,
keep the child from the parents for a
long time by series of appeals to
higher courts If the law is held con-
stitutional he says he can see no es-
cape from such possible outrage.
The law is the result of a former
law being found to be imperative and
incapable of enforcement in some cases
here several years ago. Leading char
table institutions and sociologists then
the drafting Of the new act,
which is the cause Of the present ex-