The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1907-01-27

tions presented to the supreme court:
First-Was It competent for the legis-
lature. I'm view OF subdivision % of ar
ticle 6 Of the constitution, To create a
commission 10 have control Of the ju-
venile court, including the appointment
OF the judge thereof?
Seconds the act creating the court
unconstitutional because IL fails to pre-
scribe that the Juvenile delinquent shall
have the same rights and safeguards
that arc guaranteed 10 defendants in
criminal cases?
Third-Did Emil Mill. the father of
The delinquent, have a sufficient or any
hearing as to his rights Of guardian
ship over his child? That is to say.
was there any sufficient hearing or
finding as disclosed by the record of
the juvenile court. that Emil Mill or
his wife were unfit guardians of Albert
Mill to the extent that the court could
say that IL would be for the best in
terests Of the child and the state to
substitute some other person or the
state as guardian OF the child
Fourth-Was II necessary in section
OF the act which provides that adults
who contribute 10 the delinquency Of
children are guilty of n misdemeaHor.
TO specify that such offenders are en-
titled to a trial and to the rights and
safeguards prescribed for other cases
OF l0lSQemeanOrI
Each of these points is fully and ably
discussed and decided by the supreme
court as follows:
First-It is held that the form Of the
proceeding i'm above cases prevents an
inquiry as to whether IL was Gem
petent TO delegate the judge TO a COM
mission. The intimation i'm the opinion,
however. is very strong that i'm a prop
or proceedings the court would hold
1nf
count Of this intima4ion. / should say
that. i'm any new legislation on the sub
Ject. II the idea of a city court is pre-
served, the appointive power should be
vested i'm the mayor and city council
on the other hand. If it is deemed ad-
Vsable 10 make the court a county
court. the appOintive power should be
vested I'm the county commissioners,
and IL made a state court the appointive
power should be conferred upon the
governor or i'm commission TO consist
OF the governor. superintendent Of pub
JIG instruction and the attorney general.
Also. the Juvenile court jurisdiction
could be exercised by the district court
by providing for an additional district
Judge I'm, districts where there is
large amount of work. such as the sec
ond and third. In this connection, of
course. there would be no question of
appointment. In my judgment the nee
essary preservation of the idea of the
court as the parental side of the state
and helpful friend Of the child would
best he insured by placing it's control
I'm state commission of the suggested
composition Also this should remove
Il as far as possible from petty politics.
Second--The most vital question IN
the case was whether the practice and
procedure OF the court i'm the trial of
a juvenile delinquent was as formal as
required by the law and the constitu-
tiOn2
The court here followed a long line of
splendid decisions. which very few
courts have opposed or dissented from,
and decisively adjudged that our juven-
lie court law contemplated an equity
proceeding in which the judge sits vir-
tually I'm the same capacity as the chan
cellor i'm early English history. That
is TO say. as the conscience or parent
of the state. and can proceed i'm any
manner thought by him best fitted to
ascertain the facts with the purpose i'm
view of advancing the beS interests of
the child. Accordingly. there need not
be a warrant. complaint. arraignment,
plea. opportunity to have counsel, The
right 10 be confronted with the wit
nesses. a trial by jury or the right to
appeal. and the delinquent may even be
compelled TO testify.
The delinquent, Albert Mills, was ac-
corded none of the foregoing rights
and safeguards and. because Of this. he
complained. The literal and logical
construction Of the courts decision is
that this complaint is untenable. How
ever. in any new legislation l believe it
would tend TO curb a possible abuse OF
the almost arbitrary power possessed
by a Juvenile court judge if simple
and workable procedure were devised
which would insure the juvenile delin-
QueEt many of the most important of
the safeguards which are enjoyed by
the adult offender; especially would /
deem this important i'm the event that
admission 10 the bar is not made a
qualification of the judge.
Moreover. I believe that in case the
judgeship remains an appointive office,
that the appointing power should re-
uuire the appOintee to carefully read
the opinion of the supreme court and
the cases therein cited. to the end that
the Juvenile court judges shall be sat
urated with the spirit and policy under
lying the relation between state and
a child. or course. i'm this connection
IT Is apparent that this underlying
principle would be more readily grasped
and applied by one who has law
training. than by layman. Certainly,
or the other hand. II is just as impOr-
tant that the judge should be saturated
with dominating. ubiquitous, loving
interest I'm the child. and IT is at least
questionable whether an erudite knowl- |
edge OF law and proper procedure
might not we'll be sacrificed I'm behalf
OF such n qualification. The supreme |
court suggests a combination of lib |
eral amount of each. I believe. how |
ever. this suggestion should be a guide |
rather to the appointing power In |
each particular case than to the legis-
lature in the framing of a general law /
on qualification. for there may be men /
who, though they are not lawyers, yet |
on account OF their unselfish. sacrificial /
devotion to the cause of children, or /
from a wide successful experience In
that field. should be given the fulcrum
of the Juvenile court bench with which /
TO carry on their uplifting work.
Third-The third point. as heretofore l
stated. Is also one Of vast Importance. |
The court holds that there are two /
questions 10 be determined in every 1
proceeding against a juvenile.
First-Is the Juvenile a delinquent /
within the meaning of Tire act?
Second-Even though there Is no ref
erence in the act as to this point. the /