The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1905-06-04
JUVENILE COURT
AGAIN QUESTIONED
Josephine Larsen Applies for Ha-
beas Corpus for Sons Release.
LIKE BENNIE BOOTHS CASE
ALLEGES ORGANIZATION OF THE
COURT UNCONSTITUTIONAL.

Of habeaS corpus, in which she alleged
that her son, Herbert Larsen. aged Is
years. is detained unlawfully in the
state industrial school at ogden by the
superintendent of the institution, E. N.
Allison. ST.
Judge T. D. Lewis issued an order
directing superintendent Allison to be
in court at 10 a. N. Monday, June r.
ready to make answer to the allega-
tons Of the bill Of complaint filed by
Attorney Ray Van Colt, counsel for
the petitioner. Superintendent Allison
was also directed to have the boy IN
court at the same time.
Herbert Larsen was committed TO the
state industrial school by Judge Wills
Brown of the juvenile court May 70.
The allegations made in the petition
are similar to those made in the petl-
ton for the release of Bernie Booth
filed In the same court two weeks ago
and on which Judge G. G.. Armstrong
turned Bonnie loose when Superinten-
dent Allison failed to come into court
and make 8 defense. The juvenile
court law is averred to be unconstltu-
tional and Judge Brown Is alleged 10
be disqualified to fill the judicial office
by reason of not being a citizen OF
Utah.
Judge Brown Makes Statement.
Judge Willis Brown said last night
that there was to some extent mis-
taken idea. of Just what the juvenile
court stands for, and what it hopes 10
accomplish. So far as he is concerned,
he said. he has just one object IL view,
and that is the reclamation Of boys
and girls who are apt to go wrong De
. cause of unfavora bic home influences
and tendencies. He believes that all
right-thinking people viii admit that II
is better for d boy or girl to be placed
under restraining influences while they
are yet of tender age and susceptible
to the good that may be brought TO
them through favorable surroundings
When the influence of any home or
I the environment is such that 1t pro-
duces boys who act regardless Of either
state or moral laws and drift into Grim
inality," said Judge Brown. 1T Is the
right and duty Of the state TO take
charge of such. and it is of far more
importance that all children, growing
up in these environments, should be
/ taken by the state and saved from
possible career of crime or degradation
As justification of the establish
ment of the Juvenile court of Salt Lake
City. I can only say that it came about
through a natural sequence Of events.
There existed here a condition that was
deplOrable among the young folk of the
town. Boys, as a usual rule I have
I found. do not incline TO an evil career if
the home surroundings are of the right
character. If the father and the mother
are thoughtful enough and cOnsiderate
enough TO look after the welfare of their
children. to give them proper food,
clothing, instruction. pleasure and re-
lgious training there is no reason why
i a boy or a girl should step aside from
{ the right path. In the majority Of the
! cases which have come before me dur
ing the brief time the juvenile court
has been in existence. ] frankly admit
that the fault could be traced TO the
! home surroundings.
State Should Save Child.
THE laws of Utah provide that the
juvenile court shall have Jurisdiction in
all dependent as well as all delinquent
cases. Where conditions of home or
play life are such that a small child is
| being contaminated or is contracting
habits which will eventually ruin him
I believe it is only right that the state
, should step in and save that child from
the ruin which COnfTOnts him.
If too young to be claSSed as a de-
linquent, then, indeed, he can be classed
as a dependent, and no effort that
tends to hinder the state from assum-
ing parental control. should be permit
ted to succeed. l mean by this that
Q
Tected towards the checking of the
work that was begun and has been con-
tinued thus far with more fIattering
results than was expected at the be-
ginning. No right minded person viii
, deny that the juvenile court has done
a great deal of good since its incep-
ton. I do not mean to take any of the
/ credit to myself, but 1 will say that the
members of the Legislature who drafted
! and passed the bill by which the court
{ became possible. were actuated by one
/ single purpose, and that was the bet
/ terment OF the young people of Salt
Lake City. They sowed good seed
and the town viii eventually be the
/ gamer thereby, and there is no posi-
I biIity of the spirit of the law being de-
/ feated It cannot befpOssible that Utah
OF the twenty-five states now conduct
/ ing juvenile courts. has such laws that
/ the state itself cannot assume parental
/ control Of misguided and misdirected
{ children
Boys Under Sixteen Not Criminals.
Along these lines 1 deny. empbati-
/ cally, that any boy under the age OF
! sixteen is a criminal We have cases,
/ where the act. if done by an adult,
would constitute a felony, and yet, TO
save the boy and protect his record,
! sho1zId rndaouo himself We call him =