The Birmingham age-herald., 1907-11-12
JUVENILE COURT FULL IF FLAWS
 AND INADEQUATE No Probation Officer Could Be Found In the County
 Yesterday BOY IS TURNED LOOSE BY REASON OF OVERSIGHT Court Officers Go Over Law and Find It Fails To Make Proper Provi-
 sion for Handling
 the Cases.

In spite of the fact that a bill passed at the last session of the legislature, to have become effective on October 1, pro- vides for juvenile court in Jefferson county, it was discovered yesterday morn- ing that the county has none. The reve- lation was made following the incarcera- ton of 1o-year-old boy named Horace Pickett Saturday morning.
 Saturday morning the Pickett boys mother brought the lad into the second division of the inferior court, in which Judge H. B. Abernethy presides, from down near Brighton, which is outside of the jurisdiction of the police court of Birmingham, in which such cases are usually handled. When the boy was brought in all of the courts had adjourned except the inferior courts. Complaint was made by the boys parents that he was but 10 years old and had run away from home, and had not been heard from for six months except by the reports of burglarics and larcenies committed in the neighborhood.
 
 nethy issued warrant and had young Pickett detained outside the jail in order that the proper authorities might be seen, and the boy gotten in the reformatory.
 No Probation Officer.
 Yesterday morning the boy was recos- Azed by Judge Samuel L. Weaver, after the discovery that the county courts had no juvenile docket as provided in the bill, and being unable to find the probation icer-as there is none-the boy was re- leased.
 The matter is one which caused a great deal of discussion of the juvenile law around the court house yesterday. Judge Abernethy appeared before four of the county judges in an effort to find out if they had a probation officer. Following this the bill which was introduced at the last session of the legislature by Repre- sentative Sam Will John, was picked al; to pieces and it seems to be the consen- sus of opinion that it is entirely inade- quate for the purpose intended, and toe lenient to be effective in the courts. An effort will be made to have the law repealed
 Law Is Investigated.
 In the criminal court a discussion arose between Judge Abernethy and numbe: of the official clerks, which was termin- ated by E. R. Collins, deputy clerk of the criminal court, calling in an attorney, and the law relative to the juvenile court bill was investigated. MT. Collins stated last night that he finds
 Any boy under the age of 14 years can commit any crme-murder, burglary, ar- son or larceny-under the new law with impunity. When any juvenile commits an offense of like character, lesser of- fense, the offended party must make com paint to any judge or Justice of the peace. who must forthwith issue a sum- mons commanding the delinquent to come into court, with his mother and father, if he has any.
 There is nothing compulsory in the na- tnre of the summons. If he or his parents fall to appear there is no punishment for such failure; no penalty for the contempt of the courts orders and should they see fit, all of them, to come, then if it is the inferior court that has issued the summons, the presiding judge must im- mediately send all papers to the chancel- Tor or to any judge having chancery jur- isdictlon as there is a heavy penalty i'm posed for even the Imprisonment in jail of a child under the age of IA years on the first offense. This punishment is hard labor for not more than six and not less than one month.
 50, if the boy under 14 years of age should commit murder between the months of July and October when the civil courts of record are not in session, and the offense should have happened cut side of the jurisdiction of the police court of Birmingham there is no remedy what ever provided in the juvenile law.
 Must Suspend Other Cases.
 If the officers should be so fortunate as to get the degenerate before the proper court say, for instance, the ctancery court and the chancery courts docket should be crowded, the court must inn mediately suspend all matters pertaining to other cases pending before him. no matter of what importance, and, as the act says, he must take immediate cogniz- ance of the incorrigible's case.
 
 "rhe act further provides that the court must exclude every person from the court room except the attorneys, officers and relatives of the child In order that the truth may be arrived at. In other words, if 1t happened to be a negro 1t would be unlawful to make him scared for fear he would not tell the truth.
 "Then if the court is in doubt as to the age of the child, as to whether or not he is under or over IA years of age, the child must be given the benefit of the doubt. So, if the child's mother and father should happen to be a little dis honest. or if they desired the liberty of the child, they might swear that he was 13 when he is actually 16 years of age Moreover, if the court, after hearing the testimony of the parents, and 1t finds that the father and mother are able and com potent to have the care and custody of !, ba ri bo