The Wahpeton times. [volume] (Wahpeton, Richland County, Dakota [N.D.]) 1879-1919, 1908-01-30
FIGHTING FOR HER CHILDREN.

children's Home Society contestina e.
fort Of Woman to Recover Offspring.
Judge L. H. Hassell, at Grand Forks,
overruled the demurrer Of the North
Dakota Children's Home society in the
case brought by Mrs. Eliza Carlson of
Nelson county, for the recovery of her
children. Attorney E. H, Wright of
Fargo, interposed the demurrer on the
ground that the probate court had no
jurisdiction in the case. Following
the overruling of the demurrer At.
/ torney Wright filed an answer in be.
half of the Home society. In this an.
swer the whereabouts Of the three
children, so far kept a secret from the
mother, was disclosed. Mabel, the old.
est, aged Is years, is at the home Of
E. H. Hura, at Hurdsfield, Wells coun.
ty, where she has beautiful home,
with all modern conveniences and com.
forts, and where, according to Attorney
Wright, she is contented and happy to
remain. Albert is at the home of Mr..
and Mrs. Charles Ode, Monoken, Bur-
leigh county. Francis, the other boy,
has been legally adopted by William
M. Davis of Perth, Towner county.
Mabel and Albert have not been legal.
ly adopted. They are out under a
contract with the Children's Home SO.
ciety.
F. D. Hall, superintendent of the
Children's Home society, and Miss A.
B. Thompson, travelling district in.
spector, were present during the court
proceedings. -
The evidence which had been taken
at hearing at Lakota few weeks
ago, was submitted on behalf of the
plaintiff, Mrs. Carlson, and after the
answer had been filed by the Home
society, Attorney Wright asked for
time in which to get witnesses for q
further hearing. Judge Hassell' set
March 10, as the date for the hearing
and an adjournment was taken to that
date.
According to Attorney Wright the
case will be carried to the district
court and supreme court in case the
decision is unfavorable to the Home
society. He believes there is a great
principle involved, and If it should be
decided that parents can regain con.
troll Of children after they have been
adjudged unfit to care for them 1t will
greatly hamper the work of the socie.
ty. 1t is his contention that it would
mean disappointment to the children
and the people who have adopted
them, to allow them to be returned to
the home of the mother in Nelson
county, where the comforts are far in.
ferior to those in the homes the chill.
dren now occupy. Carlson, stepfather
OF the children, is poor. He owns a
quarter section Of land on which is 10.
Gated a residence, not any too com.
Portable. and which will be badly
crowded If the children are allowed to
return home, the Home society assert.
ed. 1t is located two miles from
country school, and the educational ad.
vantages are vastly inferior to those
now enjoyed by the children.
Miss Mabel will attend a normal
school next year, If left to the Hurds.
1t Is stated. She has been given fine
education and has enjoyed all the ad.
vantages possible for young lady of
that section of the state. Music has
been included in her accomplishments.
The Home society insists that it would
be cruel and inhuman proceeding to
return her to her home at this time.