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

And now comes the Supreme Court OF
the State with decision that portion
of the Juvenile court law Is unconsti-
tutional. and that Judge Brown, It's
head, has been violating It's provisions.
That is precisely what the Deseret
News maintained many months ago.
The Judge is forcibly reminded that
the court over which he presides Is re-
formatory IN its character and not pen
al as he has, on many instances, been
making 1t.
The castlgation that Brown receives
at the hands OF the highest judicial
tribunal of the State Is exceedingly Sc
we're. 1t says of him, all members be-
ing agreed:
"Respondent, as this record discloses
either has no regard for, or is unin-
formed IN respect TO, the rules that
the experience OF past generations mas
evolved for the purpose of safeguard
ing the rights OF all. Like most lay
men. but seemingly without their good
judgment. respondent seems TO regard
these rules as mere technicalities, to be
brushed aside as distractions In the
pathway of what is usually termed
common sense Justice. He seems to
be a willing convert TO the theory that
he Is better. II not wiser. than both law
and rules of procedure, and that he
may thus disregard either or both at
pleasure.
The opinion comes as the result of
two separate cases taken before the
Supreme Court for the specific purpose
of testing the constitutlonality of the
Juvenile court law, and the eligibility
of Brown to act as judge and Inter-
prefer of its provisions. Both defend
ants secure complete and sweeping
victory, and are discharged from cus-
tody. Fortunately, the law, as an en-
tlrety Is upheld, except as 20 section
7, which fails TO provide that adults
charged before the court with contrib
uting 90 the delinquency of minors are
entitled to trial by jury. As TO the
question Of the eligibility of Brown TO
hold office, the court maintains that
cannot be attacked except In an ac-
ton brought for that specific purpose,
We note especially that the judges
unanimously voice the somewhat popu-
lar sentiment for the existence of "a Ju-
venlle court and refuse TO hold It In
valid Upon this phase OF the sub
ject the decision says
Because a good and wholesome law
has, Ia some Instances, been abused.
we are most earnestly implored TO set
inside the law. This We cannot do.
The court may be reformed aud the
law amended. IT, IN the judgment OF the
Legislature, this rs necessary. All good
laws MAY be- and AT times no doubt
are, abused; but this is no reason why
they should either bee held bad or re-
pcaled While II IN neither the duty
nor the province OF this court Ia sug-
gest what the laws should be- or who
should administer them we cannot si-
lently pass by what seems 10 us a total
disregard OF wholesome rules. The Ju-
Yenile court law rs ~ such vast lin-
portnnce TO the state ana society that,
II seems 10 US, IL should be admins
tered by those who are learned In IN,
lnw and Verspd In the rules OF procedur,
10 the end that tho hcnencont purpose'
OF the law may be made effective and
individual rights respected care mus
be exercised IN both the selection OF d
Judge and ln the administration OF til,
Ian. When this Is done, we have nc
doubt that most Of the things COM
planned OF and as they appear from IA,
record win be obvlated."
Tho Legislature being In session al
this time 1t is therefore opportune e
seek at once and obtain correction
Of All OF the weaknesses OF the law
that Il may stand the test of future
assaults and prove a real remedy for
the many MS Juvenile court statute
\ should reaoh