The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1905-11-18
ATTORNEY GIVES SIDE
J. H. Bailey, Jr., Explains Tangle
With Juvenile Court Resulting
in Warrant for Him.

| A warrant for the arrest of John H.
Bailey, Jr.. was issued from Justice
Dana T. Smiths court yesterday after
noon. The complaint charges interfer-
ence with an officer in connection with
the case of Clarence Mcdaniel. who
was taken from the Morris detention
home by Mr.. Bailey
} Mr.. Bailey called at the county at
torney's office yesterday TO inquire
whether the warrant had been issuei.
1t had not at the time OF his visit.
and i'm the absence of County Attorney
Christensen none of the other attaches
of the office could give Mr.. Bailey a
( definite answer Mr.. Bailey left word
that he would not try 10 evade arrest,
but could be found at his Office or his
home at any time. He was anxious
to ascertain whether he would be al
lowed to go on his own reCogni ZinCe,
so that he might provide i bail bond
if necessary.
/ Mr. Bailey yesterday filed an applica.
| tion for a writ of habeas corpus for
! the boy. In the writ he attacks the
cOnstitutionalitY Of the iuVenils court
alleging among other things that Judge
Brown was not a qualified eiectCr Of
! the state at the time ne took action in
/ the matter and was not therefore COM
petent 10 act as a judge.
! In discussing the case Yesterday Mr.
Bailey said:
Some time ago Mrs. Mcdaniel, the
mother Of the child sent TO the Ce-
! tention school. came to my Office and
asked me if ] would not assist her IN
getting her boy out of the school, IS
she was going to move from Salt Lake
/ to RiyertOn. and needed his services
! She said that she was poor and had no
money with which to pay me for my
} services in the matter, and therefore /
! took the case without b5ing PAID any
| compensation.
"She said that Judge Brown had
promised repeatedly to Fele Sc her child
! but that every time she went to him
! 10 see why he was not released he
bluffed her out. / went with her to SEE
! Judge Brown, and he expressed him
self as being surprised that the hoy
/ had not already been released. and i'm
mediately grabbed the telephone and
! said that he would see that there was
no further delay in the matter. that
he had therefore had boys rele sed,
the authorities OF the school waving
a bond.
a day or so afterwards. IN company
with the mother. | went to the de-
/ tention school and told the super
Iintendent that Judge Brown lad recon-
2
had come to take him awav The super
( intendent informed ne that / would
have to have an order from Judge
Brown. and in reply / told him that 7
had already wasted a greater part Of
three days in waiting and con ultiug
with Judge Brown and that we pro-
posed to take the away l then
. told the boy to put on his coat If he
had one and come with US. which ne
did without any resistance being ma Re
by any officer or Principal OF The
( school
II then wished as | now wish TO
violate no law and believe that in taxi
ing the boy as ] did take him ] yio-
lated none. ! believe that tie whole
law upon which that court is founded
! is invalid. unconstitutional AMI vo d
and without any jurisdiction WIZ teveT
in this case. If Mr.. joseph wishes to
have this tested he will find me in my
office any time during the day. but !
have gone TO the county attorneys Of
fee and offered to furnish bond but he
informed me that there was no COM
plant filed. ! propose to test this mat
ter by writ of habeas corpus. which l
today filed in the district court II Sc
cure the releas Sc of Clarence Mcdaniel. "