The Mankato free press. [volume] (Mankato, Blue Earth County, Minn.) 1879-1924, 1902-08-29
NOVEL LEGAL TANGLE
kEokUk (IA.) WOMAN FIGHTING
FOR POSSESSION OF HER
SICK INFANT.
HAS THE CHILD ARRESTED

Baby Taken From the Care of the AS
ISOLATED Charities and Brought Into
Court on a Charge of Vagrancy.
Mother Made Special Constable to
Keep the Little One Safely Until the
Case Comes Up Again on Saturday.
Keokuk, Ia, Aug. 2S.-In a legal
fight for the possession of her eleven
months-old baby, which is seriously
Ill, Mrs. Vina Kellar caused the arrest
of the infant during the day on a
charge of vagrancy, had herself ap-
pointed a special constable to take
charge of the diminutive prisoner dur
ing a continuance of the case, and
thus won a victory over Secretary
Elmer Park of the Associated Chart
ties, who was landed in Jail for nearly
an hour for contempt of court in his
attempt to deprive the mother Of her
child. A construction of the new
sociological statute passed by the
SS0S ASSoA0ASIu1S uuS AOou1ISu. AL udy
several courts were kept busy and
Secretary Park spent forty-five min
utes in Jail, being finally released on
a writ of habeas corpus. He is now in
legal custody of the child and the
mother has actual possession, having
and hidden it. The doctor says
the baby probably will die. 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
scientific sociologists last winter. 1t
provides the procedure by which chill
dren may be taken from incompetent,
dissolute or immoral parents and
given to persons or charitable socie-
ties by courts or mayors of cities.
Judge Hughes of the superior court
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 long series of appeals
through all the courts to the supreme
court are finally decided, taking gen.
orally two years. The attorney for
Secretary Park said in open court that
this was the intention of his client
Judge Hughes is a lawyer and jurist
Of the highest reputation in Iowa and
and his decision rendered in
the habeas corpus proceedings has
caused wave of intense indignation
over the new law.
The baby involved in this, the first
case in Iowa under the new law, is
acutely sick, and the neglect of the
mother is charged under the new
statute. On trial the mother was
found not guilty of anything in pur-
view of the new law, which also was
declared unconstitutional. Secretary
Park appealed and refused to obey
the order of the court to return the
baby to its mother. He was then ar
rested on a bench warrant for con-
tempt of court and summarily sent to
Jail. His lawyer then routed Judge
Hughes out of bed and filed a petition
'or writ of habeas corpus which had
! hearing during the day. In the
meantime the mother of the baby had
! neighbor file an information in
Justice of the peace's court, charging
he baby, eleven months old, with
7agrancy. A
Big Constable Arrested the Baby
1t the hospital where it was being
.reated and brought the infantile
prisoner into court. The vagrancy
Ease was continued to Saturday and
he mother was made a special con-
stable and ordered to keep the baby
prisoner in safety until the case
should be called again. The mother |
;ook the baby and hid it somewhere
n the city. County Attorney Mar
shall said that the next move would |
De the prosecution of the justice and
he mothers lawyers on a charge of |
conspiracy in the vagrancy case.
Judge Hughes says it is true that |
he new law makes it possible for any
body to file an information against |
lnybody's child, and, after acquittal,
Keep the child from the parents for a
ong time by series of appeals to |
higher courts. If the law is held con-
he says, he can see no es-
ape from such possible outrage.
The law is the result of a former |
aw being found to be imperative and |
Incapable of enforcement in some |
Eases here several years ago. Lead |
ng charitable institutions and So |
biologists then caused the drafting of |
he new act, which is the cause of the |
present excitement.
DIED OF HIS wOIJNDc