The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1907-02-10

N commenting upon the recent action
VI the supreme court of Utah in handing
down decision in which one section Of
me juvenile court law was declared to be
unconstitutional and Judge Brown of the
Juvenile court severely criticized. the Gen.
lral Law Journal has the following to
say:
We have an opinion upon the consti
lutlonahty of the juvenile court law
n I1td down by the supreme court Of
Otah- The most striking part of the
opinion is the total lack of knowledge dis
played therein of the nature and source
Oh the Juvenile court law. The court
seems TO have recognized no datum
posts and to have gotten lost in a will
derness and after many days and devious
ways found way out. The opinion
leaves out of considera ton entirely the
grounds upon which the constitutonality
OF the law is rested. as shown by the opiD-
ions of other courts. 1t seems as though
after all that has been said by other
courts a really good opinion could now
be written by any supreme court upon
this subject
'One of the most comprehensive opin-
ions we have met with is that of Judge
McEwan. sitting as chancellor i'm the cir
cult court of Cook county. Illinois. which
may be found in 81 Cent. l.. j. 2S9. Ar
ucle section 4 Rev St. of Utah pro-
inal jurisdiction in matters civil and
criminal not excepted in this constitution
and not prohibited by law. etc. Sec. 8
provides; In equity cases the appeal may
Sec. article ] provides that no person
shall be deprived of life. liberty or prop
erty without due process of law
Equity Should Govern.
THE above shows that the constitution
of Utah recognizes equity as fully as 1t
| does common law powers in its due pro-
cess of law. 1t follows then when the
legislature provided for Juvenile courts IN
Utah it was providing for court which
would be governed by the rules of equity
There can be no escape from this prOpO-
sition. because it is so esta blished every
/ Equity Jurisprudence. Thirteenth Edition
/ he says: We shall next proceed to the
| consideration of another portion of the
exclusive jurisdiction of courts of equity
| partly arising from the peculiar relation
and personal character of the parties who
| are proper objects of il and partly arts
4 ing from the mixture OF public and prl'
vate trusts of large and interesting
| nature Assuming that the general care
/ and superintendenoe of infants did orig
/ inally vest in the crown when they have
/ no other guardian. the question by whom
and i'm what manner the prerogatv'
| should be exercised should not seem ope1
| to much controversy. Partakng as J
does more of the nature of judicial ad
ministraton of rights and duties in fore
| conscientioe. than Of strict exclusive au
| thOrity. il would naturally follow ca "a
| tone that il should be exercised IN
| court of chancery as a branch of tn
! general Jurisdiction originally confided Z
/ it, On page Cos Id. section 134l the au
thor also says that the jurisdiction OF
| court of equity extends to the care o
/ the person of the infant so far as II ma,
| be necessary for his protection and edu
! cation and to the care of the propert,
! of the infant for it's due management
! and preservation and proper application
for his maintenance. II Is upon the Tor
| mer ground principally. that is TO sa,
| of the due protection and education o
the infant. that the court interfereS VIII
the ordinary rights of parents or guar
| dams by nature or purture In regard L
! the custody and care of the children. 70
| although i'm general parents are entrust
! ed with the custody of the persons an
the education of the children Yet this !
| done upon the natural presumption ina
the children will be properly taken car
! of and will be brought up with due ecu
! cation in literature and morals ana re
ligiOn. and that they will be treated Wit
| kindness and affection But WheneVe
| this presumption Is removed, wheneVe
| Cfor examplel is is found that tathe
| Is found guilty of gross i'll treatment
cruelty towards his infant children o
! that ne is lin constant habits or drunk
enness and blasphemy or low and gros
debauchery or that his domestic associ
atoms are such as would tend to III
corruption and contamination Of his chill
dren. in short if the parents Of the chill
or children are such as TO render ther
unfit persons the author says: In ever
such case the court of chancery will in
terfere and deprive them of the cuStod
of their children and appoint suitabl
person as a guardian to take care o