Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1905-11-09

lIldL IlS Is III CCIlSldIM VldOlIS VI
drunkenness and blasphemy, or low
and gross debauchery. or that he pro-
fesses atheistical or irreligious princi-
pies; SO that his domestic associations
are such as to tend to the corruption
and contamination of his children; or
that he otherwise acts in a manner in
furious to the morals or interests Of his
children; in every such case the court
of chancery will interfere and deprive
him of the custody of his children and
appoint a suitable person to act as
guardian to take care of them and to
superintend their education"
Can 1t be successfully maintained
then, in view of this law that has been
in force time out Of mind, that the
power and authority given the court
by the juvenile court law Is TAX
ing from the parent any right he there
tofore had? The aim and object of
this law is to do exactly what the
courts OF chance.y have always had
the power to do, and in, this respect,
the Juvenile court is court of equity
in it's very nature.
Lord Eden in the celebrated case of
Wellesley against the Duke of Beau
fort( 2 Fuss 20) said: Il do appre-
bend that Notwithstanding the doubts
that may exist as to the origin of this
jurisdiction. it will be found to be abb
soluttely necessary that such juris-
diction should exist, subject to correc
ton by appeal and subject to most
scrupulous and conscientious convic-
ton of the Judge, that he is to look
n-ost strictly into the merits OF every
0F h c Hy{fh ho r,fn
anxiety to be right
The good of the child must be con-
sidered and his rights under the law
carefully guarded and it is just these
things that are expected of the judge
of the juvenile court. who is as scrup
ulously under the same kind Of laws as
those mentioned by Lord Eden,
The Iowa law elnbodies the very idea
of the great English chancellor In its
meaning and spirit and 1t remains for
the judges Of this state, in its opera
ton and enforcement, to set prece-
dent which will fully recognize the
wisdom and humanity of such an en-
actment.
Objections have been made that the
law is cumbersome and causes much
delay, trouble and expense in dealing
with every trivial matters at times
and that many OF these cases could be
disposed of by a tribunal nearer the
people, presumably a Justice of the
peace. But the learned objector over
looks the fact that this whole matter
Of taking the custody Of child from
the custody OF Its parent, who is It's
natural guardian, Is the exercise of
equitable jurisdiction and not in the
nature of criminal jurisdiction, tho
the Child may be guilty Of the commits
sion of crime, but it Is not to be dealt
with as criminal, but the child is to
be dealt with from the standpoint Of
his own reformation, taking into con-
sideration the matter Of heredity, en-
vironment and other circumstances
leading up to its wrong doing.
The punishment administered by the
courts in the course of the proper
training of the child partake exactly Of
the nature Of the rights OF parent.
and parents have the right to correct
their children by depriving them Of
their liberty. Why should not the
judge Of the Juvenile court exercise the
same kind of control? II it is neces-
sary to dispose of him by any of the
various means provided for in the act
and herein set forth, that is a part OF
his education and training and is one
of the highest considerations of public
policy and the manner Of it much less
expensive and far more practical than
a jury trial.
Lord Eldon has we'll said, "This ex-
ercise of judicial function Is an appeal
to and must be subject to the most
scrupulous and conscientious convic-
ton of the Judge" and we may add no
other tribunal would have this juris-
diction and 1t might be unsafe to en-
trust it to any other.
AS to the delay and trouble / do not
believe it causes more delay. do adj
NIT it is little more trouble to the
judge.
some to stand the culprit up and say
to him, "You nave committed such an
offense. The statute prescribes such
a penalty" Pronounce it and say to
the officer, Take him away" Weigh
the offense ard measure off as much
penalty; away with him; no hope held
out to him, no sympathy given, no con-
sideration of kindness; and you have
just as certainly as the day follows the
night aided in making a boy, who
might have been trained and dis
ciplined into a good and useful man.
an habitual wrong-doer and criminal
This is the same spirit that actuated
the rabble In the so-called trial Of
Jesus at Jerusalem; they could brook
on delay and did not want to be put
to any trouble; so they cried. away
with him. Away with him. Cruelty
him Cruelty him"
Let us be a little patient in this
matter suffer some delay if necessary.
bear little trouble if we must, and
try and save the bad boy, if by any
and all means in our power it is pos
sible to do so.
AS to the expense, it has been terse-
ly stated and often repeated by many
who have had experience and observa-
ton as to this matter, THAT it costs
only one twentieth as much to save a
child as it does to convict criminal
However that may be. Shall we meas
ure few dollars against the rescuing
a boy from life of immortality, ig-
norance and crime? For the saving OF
a few dollars, shall we allow him to
destroy his manhood, lose his soul and
hope of salvation, become a menace to
society, and an enemy to all that is
good and noble? For the institution of
feeble minded In this state, we expend
annually $306,320.4S, or put in another
form s3194o per capita, for which we
do not hope or expect any returns ex-