Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1905-11-17
TOOK BOY FROM
NORRIS SCHOOL.
For so Doing Attorney John H.
Bailey, Jr., viii be Taken
To Task.
COMPLAINT ISSUED TODAY.
Lawyer Proposes to Test the Consti-
tutiouaiity Of the Juvenile
Court Law.

AS soon as Supt Thomas Of the In
dustriai school at Ogden arrives in the
city and swears to complaint prepared
by County Attorney Christensen, 1t is
probable that warrant win be Issued
Tor the arrest of Attorney John II
Bailey, Jr., upon the charge OF inter-
fering with an officer in the perform
ance OF his duty. The case arose over
me taking of boy by the name OF
Clarence NJ. Mcdaniel from the Norris
home in this city by Mr. Bailey.
the lad was committed 10 the Indus
trial school by Judge Brown OF tn,
juvenile court about four months ago
and his conduct had been such that Il
was decided to allow him To return to
his home under parole. He was ac-
Wrdinsiy brought To this city and
placed In the Morris home pending ar
rangements for the fling OF a parois
bond
Without waiting for the bond TO be
furnished. II Is alleged that Attorney
Bailey went to the Morris home
and told the boy 10 put on his hat
and leave with him. The lad did as
directed Later when Harry s.
Joseph, one of the trustees of the In
dustrial school. called Mr.. Bailey up
by telephone and asked him about the
matter. the latter replied that he had
taken the hoy away because his de-
tention ut the Morris homo was Illegal.
TELEPHONE TALK.
He closed the conversation with the
following statement; when get
through with you people there won't be
any Industrial school, Morris school or
juvenile court"
Mr., Joseph at once called on the
county attorney In regard to the mat
ter and 1t was decided TO issue COM
plant against Mr. Bailey, The COM
plalnt will be issued as soon as Supt.
Thomas arrives to siGu il, Up to noon
he had not yet reached the city, The
boy has been taken back TO the Nor
ris home TO await further develop
ments.
MR.. BAILEYs STATEMENT.
When seen today In regard to the
matter Attorney Bailey made the fol-
lowing statement: Some time ago
Mrs, MCDANIEL. the mother Of the child,
sent to the detention school, came to
my office and asked me II would not
assist her In getting her boy out Of the
school, as she was going To move from
salt Lake to Riverton, 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 being
paid any compensation.
"She said that Judge Brown had
promised repeatedly to release her child
but that every time she went for him
to see why he was not released he
bluffed her out. I went with her to v-e
Judge Brown, and he expressed him
self as being surprised that the boy
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 heretofore had boys released
the authorities OF the school walving 4
bond
"A day or 80 afterwards. In company
with the mother, I went to the de-
tention school and told the super
intendent that Judge Brown had recon-
mended the boys release, and that we
mad come 20 take him away. The super
tendent Informed me that I would have
to have an order from Judge Brown.
and In reply | told him that had al.
ready wasted greater part OF three
days IN waiting and consulting with
Judge Brown and that we proposed to
take the boy away. I then told the
poy 10 put on MS coat III ne had one
and come with US which he did without
any resistance being made by any off,
Ger or principal of the school.
WILL TEST THE MATTER.
II then wished as | now wish TO
violate no law and believe that IN tax.
Ing the boy az | did take him vio-
lated none. | believe that the whole
law upon which that court Is founded
Is invalid, unconstitutional and void and
without any jurisdiction whatever in
this case, II 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 office and
offered to furnish bond bat he Informed
me that there was no complaint filed.
/ propose to test this matter by writ OF
habeas corpus which today fled in the
district court to secure the release OF
Clarence Mcdaniel"