The Birmingham age-herald., 1902-08-28
Adopts Novel Scheme to SG-
 cure lis Possession
LEGAL FIGHT WILL RESULT
According to New Law In iowa Pro ceedinas Can Keep Child From It's Mother for at Least Two
 Years--PeopIe Indignant.

Keofu1k. la. August 27.--In legal fight for the possession of her 11-month-old baby, which is seriously i'll. Mrs. vina Kellar caused the arrest of the infant today on a charge of vagrancy, had her self appointed a special constable to take charge of the diminutive prisoner during a continuance Of the case, and thus won victory over Secretary Elmore Park of associated charities. who was landed in jail for nearly an hour for contempt of court in his attempt to deprive the moth- CT of her child. A construction of tho new sociological statute passed by the last legislature has resulted
 Last night and today several courts were kept busy and today Park spent 45 minutes In jail, being finally released on writ of habeas corpus. He is now in legal custody of the child. but the mother has actual possession, having obtained the infant by extraordinary means and hidden 1t.
 New Law Works Badly. A new law was passed last session at the instance of the scientific sioeologists. It provided the procedure by which chil- dren may be taken from incompetent and absolute or immoral parents and given to persons or charitable societies by courts or mayors of cities.
 Judge Hughes in the superior court, this afternoon construed the law to be: "If the mother Is found competent by trial court and the child be given back the filing of a notice of appeal by the associated charities stops the execution 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 generally two years. The attorney for Secretary Park said in open court that this was the intention of his client. Judge Hughes 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 casa in Iowa under the new law is actually sick, and neglect of the mother is charg- ed under the new statute. On trial the mother was found not guilty of anything in view of the new law which was de- clared unconstitutional
 Park Refused to Obey.
 Secretary Park appealed and refused to obey the order of the court, to return the baby to its mother. Park was then ar- rested on a bench warrant for contempt of court and summarily sent to jail. His lawyer then reused Judge Hughes out of bed and filed a petition for a writ of habeas corpus, which had hearing to- day. In the meantime the mother of ths baby today had a neighbor file informa- tion in a justice court charging the baby, eleven months old with vagrancy. A big constable soberly arrested the baby at the hospital. where it was being treat- ed and brought the infantile prisoner into court The vagrancy case was cons tinued to Saturday and the mother was made a special constable and ordered to keep the baby prisoner safely till tha case should be called again. The mother took the baby and hid 1t somewhere fn the city. County Attorney Marshall said tonight that the next move would be the prosecution of the justice and the lawyers for the mother on a charge of conspiracy in the vagrancy case.
 Judge Huges says 1t is true that the new law makes 1t possible for anybody to file information against anybody's child and after acquittal keep the child from the parents for a long time by a series of appeals. If the law Is held con- stituuonal he says he sees no escape from such a possible outrage.