The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1907-02-10
LAW JOURNAL CENSURES
THE UTAH SUPREME COURT
AND DEFENDS JUDGE BROWN

them and superintend their education"
See note to case, ex rel Christensen 81
cent J.. ]. 226. where the cases are gath
cred.
Power of a Chancellor.
so it is shown that the first thing to
do is to find out whether the parents
OF the child or guardians are unfit per-
sons 20 have the care and custody of
the child or children about which the
court may, be concerned. Having concIud-
ed this. the question as TO how the court
may deal with the parents who attempt
to interfere with the children afterwards
is very simple. 1t is not necessary to en-
ter into discussion of the inherent
power of courts to punish for contempt
Courts of equity may act without the
/ intervention of a jury. The Judge of a
Juvenile court by its very nature is
clothed with the powers Of a chancellor
All this is fundamental law. Herein
comes the Importance of construction
which seems to have been totally lacking
! i'm the opinion in question. Upon con-
StructiOn depends whether our laws are
TO be a curse or blessing. Courts can
not build in opposition to fundamental
law. Whatever the language employed
/ il must admit of such incidents as pre-
! sumed knowledge of the law. that for
! greater laws the lesser must yield be-
cause of the public welfare, necessity,
| good morals, reason and convenience.
| Hughes Procedure, volume 2 page 500.
/ There is every. reason both from pub
/ lie policy and convenience that in respect
| TO delinquent children. and the parents
! who are accountable for their Delinquent
cies. such children should be under the
jurisdiction of a court of chancery. and
should il become necessary in the eXer-
\ else of this jurisdiction to punish the par
ents by depriving them Of their liberty.
! the public good is the first concern of
! the government and there is no infrac-
! ton of the constitution in so depriving
! them. In the very nature of the juris-
/ diction the parents of the dehnquent chill
dren are brought into the jurisdiction of
a court with full chancery powers and if
the public good under certain circum-
stances seems TO require that the par
! ents should be deprived OF their liberty
| such a court may exercise that power
4 without the intervention OF jury. See
81 Cent. L. ]. l02, The Juvenile court in
/ Utah as a branch of equity constitution
! aIifv' This seems so plain a propositien
| of equity that ii seems amazing that the
courts have failed TO grasp it. Whatever
laws the legislature made to aid this jur-
isdiction changed neither the nature OF
the laws nor the jurisdiction. The whole
i process was one of equity and in the
Interpretation of the statutes the broad
construction of the rules of equity should
have been applied.
Defense of Brown.
AS to the attack by the court upon
Judge Brown there appears to have beer
no warrant. Judge Brown has almost a
national reputation as a lover of chill
dren and has done much for the good OF
boys in many parts OF the country WINE
law aids a judge of a juvenile court. yei
a supreme knowledge of the law is not
by any means sufficient to make a gOoC
Judge Some judges learned in the Law
are absolute failures in juvenile courts
and as between knowledge of boys anc
their needs and A knowledge of the law
the former is infinitely better if with the
latter there is not full quota of the for
mer. Juvenile court judges are borI
such The knowledge of the law neces
sary in such a Judge may soon be &C
uuired Besides that. there Is nothing Il
prevent his calling in a district judg'
] either to confer with or sit with him OF
the few occasions when he might b'
needed and il is certain that his act:
may be reviewed by a higher court.
'In speaking of this chancery 1urlsdic
ton in the celebrated case of WelleSl,
V Duke of Beaufort Russ. 20. Lord HI
don said: Il do apprehend that notwith
. standing all the doubts that may eNis
. as to the origin of this jurisdiction.
. lssvilI be found absolutely necessary tina
. such jurisdiction should exist. subJec
. J to correction by appeal and subject t
the most scrupulOus and consclentlOu
; conviction of the judge that he is to lool
most strictly into the merits of ever,
case of this kind with the utmost anXf
| ETY. to be right.
AFT might not be amiss to enact law
which would enable the judge of the ju
veniIe court to call in the district judg
| to his assistance when he deemed IT wise
: This would be a good law whether or no
, the juvenile court judge happened 10 o.
| learned i'm the law.