Arizona republican., 1905-01-22
The Case of the FoundIings.

The decision of the supreme court or Arizona in the case of the Morenci- Clifton foundlings is published in full in this issue of The Republican. Dur ing the litigation of this celebrated case we have refrained from comment for reasons of prepriety. We now print the finding of the court in full, in or der that the world may know the facts, and especially m order that Arizona may be set right before the country at large And every line of the courts statement of the facts, and the opinion based on these facts, should be read. Not only will the document take high rank in the case-law of the United States because of it's lucid, superb English, but because of it's sound req soning.
 That the decision is in strict har- mony with the highest principles of justice cannot be doubted by all the people who divest themselves of prej- udice.
 The New York Founding hospital one of the nobiest charitable institu- tions in the United States, annually takes into it's keeping nearly five hun dred abandoned babies. The waifs are 1enderly cared for until suitable homes can be found for them. Being a sec tartan institution. the hospital man agement depends largely upon infor- nation furnished by the clergy of that denomination as to the homes that are available This information is re ceived in response to circulars sent out at intervals. It happened that young priest, temporarily in charge of the Clifton -Moreuet parish in this terri tory. received ug2e of these circulars Evidently, his head was turned by the attention shn@n him by the great in stitution in faF=away New York. He thought it was up to him to make 9 splurge. Yes he could find excellent homes for forty of the chiIdren-homes in Spanish families. The Spanish peO- pie are famous for their kindness to children. and they rear their children in the Catholic faith. The informa- tion from the priest was doubly wei come Forty children were sent out. attended by the business agent of the hospital, Sisters of Charity and a full complement of nurses. They were met at their destination by the young priest, and 8 buuca of low-caste Mex jeans. the Spanish families" that he had descfiheds The sisters were hOr- riGed by the disclosure. but their hab- its of defareuce led them to surrender seventeea of the babies against their own convictions. because the priest told the41s it was all right.
 The best people of Clifton and Nor enci were aroused to a high state of indignation It was repuIsive to every sense of right that helpless white ba- bies should be given over to be raised by poverty stricken. illiterate, migrat- ory and degraded Mexican-Indians. In this anger no religious lines were drawn. And it should be stated em- phaticaIly that only by distortion of the truth can she case be regarded as q religious controversy. In the upris- ing of the decent citizens of Clifton and MoreRg1. Catholics stood shoulder 10 shouIdeg Eytth Protestants. Within a Few hoUra protests were laid before the business agent of the hospital. It was esscaaaded that the children be = taken. away from the Mexicans and retgrzetl ta New York. The agent be- came stubborn to a bulI-headed de- gree. He e9gald tolerate no dictation from outsiders The babies would stay with the AIeN3eans, he was understood to assert.
 Then the people did arise in their wrath. If the agent would not take the babies back, they would take into their own homes the helpless unfortu- mates. And they did. Here again Catholics and Protestants acted to- gether. Nearly half of the families into which the children were taken were of the Catholic faith. There was no violence. But unquestionabIy vio- lence toward the Mexicans would have been used had it been necessary. And never would violence have been more justified. if the babies had not beer given up peaceably. When recovered the little tots in some cases had beer stripped of the fine raiment in whicl they had been brought from the hos pital; some were covered with vermin some were sick from wretched food some had been made stupid with vile liquors and heer.
 This is the state of facts upon whicf ft has been charged broadcast through out the United States that an "Arizonl naob," filled with the spirit of religion. intolerance, forcfbly took children iron