Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1907-01-18

scathing arraignment of the Judge be-
cause Of the tactics employed by him
From an inspection OF the record in
this case, meager as II is, we are forced
10 the conclusion that the difficulties
complained of are far more due to the
respondent fudge Brown than to the
law, To administer juvenile laws in ac-
cordance with their true spirit and IN
tent, requires man OF broad mind, OF
almost infinite patience, and one who is
the possessor Of great faith i'm human
ity and thoroughly hnbued with that
spirit Those who come and are intend-
ed 70 be brought before. Juvenile
courts must be reached through love,
not fear The purpose In bringing them
before the court IS to lead them away
rom and to destroy their propenslties
10 vice 10 elevate, not degrade to re-
form. MOI to punish them Their par
ents likewise must be met and dealt
WITH IN The same spirit. They should
nc directed in a proper spirit, and not,
rs this record discloses, he met with
dehnance, The conditions surrounding
them may be due MS much ~ lack OF
Information and nisfor, une ms to vi
ciousness. The judge of any court,
ana especially a Judge Of "a juvenile
court should therefore, be willing at
an times, not only 10 respect, but to
maintain aud preserve the legal and
unturnl rights VI men and children
alike,
BROWN WISER THAN LAW,
Respondent. AS this record discIoses.
el;her has no regard for, on Is unin-
ioriued In respect to, the rules that
the experience of past generations has
evolved for the purpose Of safeguarding
the rights OF all, Like most laynen. but
seemingly without their good judgment.
respondent seems to regard these rules
as mere technicalities, to he brushed
aside as distractions IN the pathway
OF what is usually termed common sense
justice. He seems Ia be a willing con-
vert TO the theory that he is better. II
not wiser, than both law and rules of
procedure. and that he may thus disre-
gard either or both at pleasure.
While juvenile courts cannot and
are not expected to be conducted as
criminal or other courts usually are
the Judge should not wholly disregard
all wholesome rules In an attempt TO
establish guilt which he suspects. or.
worse yet merely imagines. Most of
the rules of evidence and procedure
were established and their observance
Is necessary, 10 curb the propensities of
the inquisitor. and It would no doubt
=, better subserve the best interests OF all
II the most important OF these rules
were observed by respondent IN his in
vestigations. The fact that the Amer
! lean system of government is controlled
and directed by laws, not men cannot
| be too often nor too strongly impressed
upon those who administer any branch
or part OF the government. Where q
| proper spirit and good Judgment are
| followed as guide. oppression can and
| viii be avoided.
1T further appears from the record
| before us that either respondent. or
/ some one for him, has devised printed
| record to which all cases are made to
! conform Printed formulas are well
! enough as guides. but To have printed
| record only is too much of temptation
] TO make every case fit the record in
stead of making record TO fit the case.
| AS we have already stated, the cases
| coming before the juvenile court are
not criminal and hence a criminal rec
ord does not fit these cases.
CANNOT SET ASIDE LAW.
Because q good and wholesome law
| has, In some instances. been abused we
are most earnestly implored TO get aside
| the law This we cannot do. The court
may be reformed and the law amended
H. In the judgment of the legislature
| this-sis nl2essory.i All good laws may
be and at times no doubt are. abxsed
| but this Is no reason why they should
| either be held bad or repealed. While
| II Is neither the DUTY nor the PROVING ?
of this court TO suggest what the laws
| should be, or who should administer
| them, we cannot silently pass by what
seems TO us total disregard OF whole
| some rules. The Juvenile court law Is
| of such vast Importance to the state
and society that. 1t seems to us. 1t
| should be administered by those who
are learned In the law and versed in the
rules of procedure to the end that the
! beneficent purposes of the law may be
made effective and individual rights
respected. Care must be exercised in
| both the selection of a judge and in the
| administration of the law. When this
! is done. we have no doubt that most
| of the things complained OF and as
! they appear from the record. will be OBJ
| Waited.
THE juvenile law OF this state is OF
too much Importance TO be hampered
! by or set aside for trivial or ayoidable
| causes. All good citizens are Interested
| in its proper administration and en-
| forcement, and II is well worth the best
efforts and patient care OF those who,
| for the time being. are clothed with
| the power OF administering such laws.
| II all governments are interested In the
moral and educational welfare OF those
! who. in time, Will be called upon to
! discharge the duties OF citizenship. how
much greater should be that interest In
| a government like ours. wnes the citi-
! zen Is the sovereign from whom eme-
mates all the powers OF government
For the foregoing reasons. therefore
| the Judgment of the juvenile court,
I committing Albert Il. Mill to the indus
/ trial school. is set aside and annul,ed
and he is returned TO the custody "
( Emil Mil, his father, until said Albert
Shall be legally Rdiudicated 10 be a
ward Of the state In accordance with
/ the views herein expressed; neither
/ part: to recover costs. II is so or
| dercd'
The arguments in both eases in be-
| half OF the petitioners were presented
| hy Atty. y, W sounedecker. while
Judge Brown was represented by Attys
Benncr X. Smith and James mgebret-
sen. Judge Ogden Hles and Senator
j. J.. Rawllns were appointed as friends
Of tine court I'm the consideration of the