The Montgomery advertiser. [volume] (Montgomery, Ala.) 1885-1982, 1902-09-05
A DANGEROUS LAW.


In Keokuk, Iowa. there was recently
tried a case under a law of that State
regulating or providing for the care and
protection Of homeless and friendless
children. In this case some society or
organization with more zeal than pru-
dence. took a child away from Its moth
er's home during her absence and refused
to give 1t up. The mother sued for pos
session Of her child, the Judge held that
the law was unconstitutional and ordered
the child delivered to the mother. This
the society refused to do and the case
decision Of which will be watched with
interest, Is 1t involves q question of no
little interest to parents as well as to
children.
The Iowa law provides that "any soci-
ETY. legally Incorporated for the purpose
of securing homes for friendless chill
dren may, by proper steps. take away
from their natural custodians any child
neglected or abused or subjected to i'm
moral influences or surroundings" The
trouble in the case before the court seems
to be that the required proper steps"
were not taken. In fact, from the infor-
nation we have. the society acted in a
very arbitrary method in order to get
possession of the child. and IL it had
either law or justice on its side, the fact
is not apparent. And in this connection
we copy from contemporary. the name
Of which has unfortunately escaped us.
the following reasoning, In a discussion
OF the Iowa case:
The necessity for taking children away
from parents who abuse them or neglect
them or bring them up amid immoral sur
youndfngs Is conceded by everyone who
comprehends the nature of our social sys-
tenn and the dependence of our social or
der and government upon good citizen
ship. The State cannot concede the right
of any parent to brine up criminal or
a pauper. The only question Is as to the
method or process by which neglected
children shall lbe taken from parents who
abuse their natural privileges or duties.
The Iowa law appears to be defective In
that It does not give the right of trial by
jury, which would make 1t unconstitu-
tional In any State. In a law of this
kind every possible parental right should
be safeguarded to the end that evidence
Of neglect or abuse or incapacity to prop
erly care for the child may be complete
and conclusive.
The reasoning of this contemporary in
with the case before the courts
brings up a question of legal powers.
legal ethics and sociology, which will be
tn ecause of unending trouble and litiga-
ton. The argument that the State may
arbitrarily take charge Of children is a
dangerous one. Who Is to measure the
degree of abuse or neglect which will
authorize the State to interfere? Who is
to decide the nice question of immoral
surroundings and to say when these are
of such character that father and moth
er are to be deprived of their little ones?
These are nice questions. They may be
legal, moral or sociologic, but they are
none the less delicate. Some over-zeal-
Gus or overnice society may decide that
child is neglected or abused merely be-
cause 1t is not receiving the care, atten-
ton. food, clothing or education which
the well-provided and fortunate members
of the Society are accustomed to give
their own children. Again, the parents
Of child may feed, clothe. educate and
otherwise treat 1t properly, but their
surroundings may be such, without any
fault of theirs. that the Society would
hold that the little one was being brought
up amid criminal surroundings"
Any or all of these suppositious cases
might occur in real life and an actual
wrong and injury be done. 1t Is a seri-
GUS thing to rob parents and make or
phans of children, even If it is done in
the name of the law and a statute like
that OF Iowa may be the means of doing
lnfniteiy more harm than good. The
statement or assertion of our contempo-
rary that the State cannot concede the
right Of any parent to bring up a crimi-
nal or pauper" is sound reasoning, with
proper limitations Conversely we might
asert that humanity cannot concede the
right of the State to rob parents of their
offspring, and one assertion is as sound
as the other.
The concluding sentence of the extract
quoted is sound, but the difficulty still
remains of deciding how far the law may
go. or how far a society may go. The
Iowa incident shows that apparently good
Intentions may go astFay.