The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1906-03-04
BENSON STAYS IN SCHOOL
Judge Howell Passes on Con-
StitutiOnality of Juvenile
Court Act.

In the district court yesterday morning
Judge J. A. Howell denied the appdca-
ton Of Arthur E. Christensen, in behalf
of Harry Benson, a minor, for a writ Of
habeas corpus.
Benson is II years of age and the petit
ton sets out that he is unIawfuIly re-
strained OF his liberty by the superinten-
dent Of the state industrial school The
cause Of such restraint is a commitment
based upon an order of the Juvenile court
of Salt Lake City and the commitment
is alleged to be Illegal for the following
reasons:
That the act of the legislature Great
ing Juvenile courts is unconstitutional
and void and even if it is not that the pro-
cedure therein provided for the trial of
juvenile delinquents is unconstitutional
Attached to the petition was the COM
plant under oath Of the probation off
Ger of the juvenile court in Salt Lake
charging that Harry Benson, being child
under Is years OF age with having I'M
lawfully become a delinquent child by
violating section 40 of the revised stat
utes of the state Of Utah 1898, by steal
ing from the person of f. O. Raymond
Sc The finding Of the court in essence
1T is obvious that the jurisdiction Of
Juvenile courts IS, of course, not without
its limitations. In the case at bar no
legal guardian arises, because Harry Ben
son had none within the confines of this
state Indeed, it seems to the court that
no child could be found anywhere to
whom the beneficent provisions of the
act mere IN question would be more ap-
plicable than 10 Harry Benson. -
Considering now the second question,
namely, as TO whether or not confinement
of a child in the state industrial school
IS Imprisonment, it may be said that the
almost unbroken line of authorities sus-
tains the contention that 1t is not, that
1t is simply an assumption of parental
authority by the state, in its capacity
as parenS patriae, for the proper training,
education and reformation Of the child.
1T Is regarded in law and in fact a
school, not a jail.
The result is that the procedure pro-
Yided for the trial Of juvenile delinQuentS
In Juvenile courts does not come within
the term criminal prosecution, as there
fore such delinquent need not be admit
ted to bail pending the hearing; he may
be examined under oath as to his actions
In the past even If thereby he may be
asked to give evidence, which If given by
an adult, would incriminate him, although
such child doubtless could not be pun
ished if he refused 10 do so, he has no
absolute right to appeal and he may be
refused a jury trial to pass upon the
question Of whether or not he is in
con0iuon OF 9elnquehcys Ior none OF the
restrictions of the constitution as to Grim
inal prosecutions are applicable.
II. as result of the inquiry, the child
IS committed to the state industrial school
he is not deproved Of his liberty without
due process Of law, for in such an in
stitution he is not under any other res
traint than his parents might have placed
him; he is not subjected to any cruel
and unusual punishment, or to invOlun-
tary seTvitude. he is simply sent to
stricter school than he has hitherto at
tended
THE court then, is Of opinion that the
legislature, in enacting the Juvenile court
law, and providing for the procedure
,theTein as to Juvenile delinquents, viO-
lated no provision OF the constitution.
-
TT is ordered that the said Harry Ben
son be rernanded to the custody of H H.
Thomas, superintendent Of the state in
Siustrial school, Writ denied