The Salt Lake tribune. [volume] (Salt Lake City, Utah) 1890-current, 1906-04-11
MILL PRAYS FOR
CERT|ORAR| WRIT
Seeks to Get Son Out of Reform
School by Attacking
Court.
LACK OF JURISDICTION
BASIS OF THE PETITION
Writ Is Served Oh City Recorder
MOretOn in Absence Of
Brown.

Emil Ain filed a petition in the Su-
preme court Monday, praying for writ
of certiorar directed TO Judge Willis
Brown OF the Juvenile court, directing
him to certify up to the Supreme court a
transcript OF the proceedings In the case
OF Albert f. Mil. who was adjudged
guilty of petty larceny in the Juvenile
court last November and placed under
the charge of n probation officer.
Served on Recorder.
The petition was granted by Chief Jus
tice Bartch, who directed that service be
made on city Recorder ], B. Moreton'
clerk OF the Juvenile court, in the ao-
sence OF Judge Wills Brown.
Mr.. Mil sets up that his son, Albert
L. MIL, aged - years, was charged with
petty larceny In November OF last year
and taken before Judge Brown. 1t Is then
alleged that the following dialogue be
tween the court and the boy was had;
One to the Other.
Come up here. Albert. Is your mother
NO sir: my father is"
You stole some cigars, didn't you?"
NO. sir; did not, but the other boy
when those cigars were stolen, weren' t
you?"
DO you smoker"
Have you ever smoked?'
II smoked once and 1t made me sick.
/ haven't smoked since.
Then you stole those cigars just to be
stealng2"
CNo answerD
You have nothing to say. You admit
being a thief CHere the court called
another boy TO him and addressing Al
bert e Mil continuedD Just look at this
kid. this yellow skin comes from smok-
ing cigarettes First you smoke cigars.
then you viii smoke n pipe, then cigar
cites and then you Will smoke hop and
become A dope hend, i could send you to
Ogden. but | will sentence you and sus-
pend sentence.
Put on Probation.
II is next alleged that the court en-
tered a Judgment that the boy was guilty
Of larceny, and ordered him TO report 10
the court at stated intervals. In March
OF the present year, II Is then set out.
the boy was charged second time with
petty larceny and Mil and his son ap-
peared before Judge Brown, when the fol-
lowing conversation, II IS alleged, was
had.
The Court-Albert. come up here. Have
you anything to say why l shouldn't send
you to Ogden?
The Boy-Yes sir.
The Court-What is IT.
The Boy-Because l haven't done any
thing.
The Court-Well, that's just where you
are wrong, just the same. CTo the clerk:
Mako out his commitment papers.O
Emil MIll-Well. Judge. l did not er-
pcct anything like this l do not want
my boy sent TO the Industrial school.
Have l any redress?
Where Boy Got His.
The Court-Yes. you can start habeas
corpus proceedings against this court. but
you hsd better gave your money, as there
are enough people wasting their money
fightlng this court. II Albert behaves
himself he Will get out In about eight
4 PROCEEDINGS
against this court II will take about five
or six months and your boy will lay In
the county jail In the meantime.
The boy was then sent to the reform
SCHOOL his father alleges. In conclusion.
Mil says he is able and willing TO main
tain. care for and educate his son. He
also attacks the Jurisdiction OF the Juve-
nile court In the matter and prays for
tho relief