The Havre herald. [volume] (Havre, Mont.) 1904-1908, 1907-10-25
Official Paper Of the City Of iiavTe
II WAS no JOKE. HE MEANT IT.!

/ II WAS 40 JOKE. HE MEANT IT!
At the council meeting the mayor
I saw tit to bring up the matter CT the
arrest and imprisonment Of the EOES
for INDUCING in he boxing contest
! last week. and, of course, cvadcd the
question at issue-Whether or not the
mayor and officers Obeying his in
structions did or did not exceed their
authority in imprisoning the boys in
a common Jail This was the only
| feature Of the affair that the Her
aid took exception TOO. The mayor
took the editor Of the Herald to ia *
on his method Of raising our own boy
well, that is a question that does
not concern the public nor the may
or. We will state, however, that
we have exercised control over his
destiny for thirteen years and eleven
months and We are proud Of him
in every particuar--but the Herald is
! greyed to hear the mayor say that it
was not intended as a joke, for up
on reading the laws Of Montana es-
pecially the session laws Of 1907, in
Chapter 1876, on page 300, entitled:
| AN act concerning delinquent child
providing for their apprehension, GUS
tody and disposition etc., We learn
on page 312, Section Y. that child
is not to be incarcerated, and, if
he wasn't joking, does he mean to
asy that he willfully directed the
breaking of the law?
The section in question is here
with reproduced in full
Section " Upon the filing OF any
information under this act, a war
rant or capias may issue as in 9th
er cases, but no incarceration OF the
child proceeded against hereunder
shall be had or made unless, in the
opinion of the judge Of the district
court, or, in the absence of the Judge
from the county seat, then in, the
opinion of the justice Of the peace
or committing and examining magis-
trate, it shall be necessary to insure
it's attendance in court at such times
as shall be required. In order to a.
void such incarceration, ii pra2tica-
BILE, it shall be the duty OF the sher-
if of the county, or his deputy Of
representative, to serve notice Of
the proceedings upon at least one
parent of the child, if living and
known, or it's legal representative, or,
if his or her whereabouts or residence
is not known, or if neither parent or
guardian shall be in the state, then
some relative living in the county,
if there be any whose whereabouts
are known, and such judge or sher-
if may accept the written Or verbal
pledge
promise of such person 50 motif ed,
except in felony cases, or any other
proper person, to be responsible for
the presence of such child at the
hearing of such case, or at any 9TH
|
journed or continued by the court.
III .sSc SUCH child shall fail to ap
pear at such time or times as the
coart may require, the person or per-
,>ns I7sl onsible for its appearance
as he. Eli provided, for, unless in the
op!l;u': OF lie court, there shall be a
reu:o.nal,', cause tor such failure Of
slri chit! 10 appear d. herein pro-
vitetl TO-, )n2v be proceeded aga nst
as il cases OF contempt of court, and
and punished accordingly; and where
any such child shall have failed to ap-
Lear, as required by the court or it's
Officers, any warrant, capias or alias
capias issued in such case may lie ex-
/ ecuted as in other cases; provided
| however, that no child within the
| provisions of this act under fourteen
! Years of age, shall, under any circum-
\ stances, be incarcerated in any com
men Jail or lookup, and any officer
or person violating the provisions OF
this act shall be guilty Of a mis- le-
meanor, and, on conviction, fined in a
/ sum not to exceed one hundred ($l0O)
dollars. Amy such child so inform
eu against, shall also have the right
now given by law to any person tc
give bond or other security for its
appearance at the trial of such case
and the court may, in any such case
| appoint council (counsel) to appear
I and defend on behalf Of any sucl
child.
Now, the Herald had no faut tt
o. find with the administration or may
4 or for breaking up the gatherin of the
3 boys, as he would have it appear
x from his inspired article in Thursda,
Foil Til