Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1905-05-24
Conslltutionallty OF Bill Creating
II VIII be Tested In
The Courts.
ACTION IN THE BOOTH CASE.
SeyeD'Year.0ld Boy Sent to Industrial
School by Judge Brown
Points lnyelvsd,

The constitu,ionalIty Of tho Juvenile
court bin passed by the last Lcglslt.
turo and ih( right Of person who Is
not qualified oloctor OF this state 10
III ne Judge Of said court, win be test.
I'D IN court a petition for a writ OF
haboas corpus raising those points wns
illod In the district court today by Al.
torney Ray Van Cot IN behalf Of Ben.
ME Booth, u soyon'yeur.old boy, who
was committed to the state industrial
eohool on saturday by Judge WINS
Brown,
Bcnnlo was committed for The reason
thui no violated hls probation and
ialltd To report 10 the court whom or,
dcrod TO do 20, About two weeks ago
ho was up before the court unon the
alleged charge OF buying and uslng TO.
baoco, lie was placed on probation and
was ordered 20 report on last Friday
lnsotcad of doing 40 he and another
boy remained away and whom they
returned later In the day they stole u
bottle Of Wine which had been cached
ln a lumber yard by two other boys
ana drank II, with tho result that both
became Intoxicated, Tho next day
they were taken before Judge Brown
ana committed to the industrial school
Tho petition for writ Of habeas
corpus was slDnod by Julia Booth the
mother OF tho boy and IN directed
against u, NJ, Allison, aE, supernton.
dent Of the industrial school II alleges
that the conviction aud commitment OF
the boy Is illegal and that the
'uad detention, confinement ana re.
slrnlnt Of said Bonnie Booth are Illegal
and that the illogalIty consists IN this,
10 VIII
Frst~-llccouso the act Of she LogIsa-
turc of Utah, chapter NJ Of the Ses-
Flon Laws Of 1906, creating Juvenile
courts and approved the 10th day Of
March, 1905 and under which BCnni0
Booth WAS tried, convicted and sem
toncod, Il unconstitutional and void,
Second Became the Hon Wills
Brown who trlol convicted ana sen.
tonccd said Bonnie Booth, as Judge of
said court IL not and was not ne the
time Of said ,rl0l, conviction and sen.
tcnco, or nj nll n 1uNliiled eleotor Of
the state Of Utah, and hence was dis.
qualified To slt or act ns said court
Third"-Beoauso pnld Bonnlo Booth
was ana IL incapable If committing
any crime onensc or delinquency
known 10 the law.
Fourth b. Because said Bcnnlc Booth
was nov3r charged by sworn legal
complaint or statement with any Of
itnso or delinquency known 10 tho law
Fifth Because the alleged complaint
upon which said Bonnie Rooth was
tried convicted and sentenced was
noycr fled In said court,
SIXTH Because the alleged complaint
does not state facts sufficient 10 con-
blltute u public oncngo or any ofIenso
or delinquency,
seventh Because said court had no
jurisdiction over the said Bonnio Booth
on tho alleged offcnsc,
Eighth Because said court had no
jurisdiction 10 try convict or commit
said Bonnlo Booth
Ninth liccnuFo the alleged complaint
the alleged order Of conviction and the
alleged commitment are ana each OF
them " void ana IN violation of and
contrary 10 article :, section rs, Of the
Constitution OF the state Of Utah,
Tonlh~'liocnueo the proceedings under
which said Bonnie Booth was tried,
convicted and committed are contrary
20 ana IN violation ~ article I, sections
T. ., 10, II and u Of the Constitution
Of tho state OF Utah,
Az 10 the unoonstltulonalily OF the
ncl creating tho court Atty, Van Colt
VIII contend that II does not provide
for an appeal, that II provides for no
lrial by jury provides for no regular
legal procedure, and that II docs not
glYo a boy an opportunity 90 have coun.
sol or have his day IN court,
lie also contends that a child Of that
ago cannot IN law, commit crlmI.al
ofcnsc and Is not aubjoot to punishment |
by the courts,
Judge Armstrong issued tho writ ND.
ON the showing made IN tho petition and |
II " roturnablo on Wednesday May n, |
Mt 10 o'clock u, M