New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1904-05-10
THE CHILDREN'S COURT.
Justice CLmsted Tells What 1t Is
Not Intended to DO.
70 the EDITOR Of IRE Tribure.

arisen in some quarters concerning .ho exact place
which Tie Chlldren's Court has in he political and
social iise % our city.
The idea OF the school r-.nci-,i in question az
Iinyer) seems 10 De that the created Tor
Sic purpose 81 removing every dlsorseriy child
who Is a source ~ annoyance 1T school o. who
annoys or INJURIES good little school children.
similar notion is entertained by many parents
whose love ot comfort and peace Of mind are dis
uU-b"d by unTuly children the os whom they
would. through the medium OF The court rio them
selves. Then there are the neighbors Of the de-
lnque1ts who suffer in their property and some
times IN tEet- person. by ~ some juvenile
depreciation They are usually quite as certain
that there IS no other remedy than Imprisonment
f"r life or as Principal Boyer is quoted advo-
eating tho brai1iug OF the culprit with Ratchet.
In The main. The adverse critics OF the Childrens
Court come from the classes named and their
fiEgs the court made because the Justice
presiding has not either imprisoned or given the
happy dispatch every little delinquent they have
complained against
There others who complain Of the courts
action. but they os another class-Jhe parents
Of the children committed TO institutions. one
% The most bitter OF these IS the mother 81 an
eight-yesr-old footpad one Of Mr.. Boyer's pupils.
who concert with others but little older. robbed
thirre~a-y ear-old boy o. some pencils and other
p.svthings That little fellow. who the law SAYS
is presumed 70 he incapable OF committing crime
. such persistent offender that II demon
sJ-ated 10 the satisfaction OF the court that his
mother could not control or restrain him. ard he
had To be placed under sevsrer discipline In this
connection +, .1v he stated that two % the four
boys compIa... Of by Nj. Boyers pupils We're
COMMITTEES O.. Institutions by the court. and tho
other were convicted and may be committed at
any time should thev offend again.
The schco' principal named may have had one
hundred and dfty pupils who have been robbed.
bat the cases have never been brought 10 the at
tenfion % the court When the police arrest the
offenders they VIII De disposed by the Childrens
Court well as II IS possible within human and
Legal limitation
Right here IT may he stated that these legal
limitations not understood and appreciated by
Mr. Boyer and other aymen- Will not be tech
nical IN explaining. For instance a boy confesses
10 his mother. his teacher or whoever may be the
complainant against him In court that he did the
act with which he is charged That confession IS
sufficient for his parents or the school authorities
10 warrant them IN Furnishing him; but court q
law cannot convict him on such evidence In the
court he is represented by counsel who pleads not
guilty for him There is no confederation of his
confession which Is required nv law The court
T. bound 70 acquit- Then ~ must re remembered
that the law says child under seven years old
70 twelve years Of age If presumed Incapable %
be examined to determine IFS capacity The boys
complained % by Mr. Boyer are nearly an under
twelve wears OF age. and many OF them less than
hovs 10 braiTsd She7 r6e ieFsI doG5T AZ 10 their
capacity for committing crime Is 80 strong, The
might have a serious time with the Law in such
The whole trouble with critics 81 the Boyer stripe
IS that they look upon the Children.s Court as a
cure-sN for Juvenile delinquency- and they expect
the cure 10 be administered 20 their precoHceived
NoT. this court IS not. what they imaene. T.
school in the proper moral training ~ child
course 81 spraVts 10 make Them m teachers ~
moral precepts and ethics II has not had here
before had 70 deal with one who advised his pupils
presumed not 70 Be crimes when committed nF
Them.
sss eHf Sss s8a h .anir5s s ,2 caoo f
The failures 81 The parents end school teagner,
there many failures Is due presumably 70
home and public school training are much more
effective than in the greater cities Al social ties
there are closer and community ~ interest is
greater. There is a coaesiveness u N" social
atoms that pseFen-S TnanE going ASH ,l NE
parent Is made aWare OF MS chlia ms ni+L-
act more serious nlsdonE. and re does what
rorre-,s The youhEster Seldom is a lad haied
10 court, ana NJ oompainant ~so Goes - Se maj
home treatment, is the most hated man IN the COM
The reverse. % this IS true n its relation 20 a
large class % the youth 81 this city. Huddied
ment neiEhborhood-. with both parents probably
ready fun with no playground oui the streets " hat
N windows and Showcase 10th crimes They
will steal rides on cars another misd-meanori-
They wt do many more mischievous things which
Continually neglected.. they viii gradually drift
the commission OF worse crimes. lsrceuies. burg
larry and robbery. The fact that the Juvenile Of
fender has 20 break lock or window % ger AZ
M coveted bicycle or candy insl4e. or oS IqT."
thing from another boy. does not seem % his mind
M I, r. becapse ~ This peculiar condition OF the
child mind that offenders. although tried by the
court for burglary. robbery and all degrees ~
crime must be done under the law, are, an CON
yicton. treated for just what they Juvenile de
linqnents II they are old enough and havf sum
1aroled-if the conviction be the hrst-aud big
percentage Of salvage has been the result OF the
parole system OF this II the children be too
young the parent must ne lectured and brought 70
a realizing sense Of his duty toward his child ana
court on account The parents neglect IS quite
Iflxev tbaf me iad will BE- committed TO an institu-
~ 40 ~ ,srs1+ be ordered 10 nav for mis- care
and maintenance during the period OF his commit
Had the court the authority 70 administer pun
ishmeut 10 the children convicted before it, as a
might BE- more effective. but when IL is limited 20
the necessity OF committing child 10 an institu-
derstood why there are 50 many paroled cases and
cases where Judgment has been suspended after
nit every child convicted before him for an in
definite period. even 70 make M Boyer's lot more
The justices desire TO deny with emphasis the
assertion that the ChlldTens Court = fostering
crime and criminals Since its establishment more
Juvenile deIinquents may have been arrested than
notion that through the medium Of the court.
every disorderly ana ootherSone chlid would be
orange IL no worse than the country boy who raids
the farmers orchard ne -. ~ 20 os IN a0Wevsr II
Court The farmer tells the country boys father.
DAD in the barn In the city bows case a public
criminal record IL made In that Of the country
ana memory where il will DO the good
with proper home environment nm and good parental
school authorities. through agents who are not SO
lost 10 moral sense MAJ yey I5 adSse dner pupils 70
the right place-in the minds OF the children. and