The Montgomery advertiser., 1908-01-09
COURT HAS NO
 JURISDICTION Cannot Grant Habeas Corpus for Children. JUDGE sAYRE so DECIDES Petition of Capt. 0dom, in Part, is
 Denied. Appeal wiiI New Be Made In chancery Court--oaptsin oaom Say. He win
 Carry Case. to supreme Court.

Judge A. D. Sayre decided against captain Odom, of the Salvation Army, yesterday morning when the habeas corpus proceedings for the several children whom Captain Odom wishes to take out of their present homes, were heard. In his opinion. read from the bench, Judge Sayre goes thoroughly into the case and shows that it was not proved before him that the mothers of these children were immoral and also that 1t was proven that Susan Phil lips was a respectable negro woman Owing to these conditions he said that he would discharge the cases against the children kept by Susan Phillips, but would hear more testimony on the case of Genie Owens, whom it is all legged, is kept at the house of Bessie Ellis
 Judge, Sayre stated that writ of habeas corpus would not clear the mat ter should 1t be obtained, and cited cases in England where the same con- ditions were dealt with in Chancery Court.
 Probably acting on thls decision. Captain Odom yesterday filed suit with the Register of Chancery asking for guardian for the children, or that they be placed in several orphans home which he names in the suit.
 The case will have to be fought over again and from the present outlook it will be carried to the Supreme Court should Captain Odom get an adverse decision. Judge Sayre takes the case up carefully In his opinion. and deals with every side of the question, 1t Is as follows:
 In re several chiIdren:
 sThe informal return and the undis- puted testimony go to show that the mothers of these children. ranging from eight months. to five years of age, have engaged, at considerable expense to themselves, a negro woman of ma ture years and of respectable life and appearance 10 care for them in her own house-and every appearance indicates that they have been well cared for as far as their physical well being is con- cerned. The proof leaves the social status ofsthese children undetermined, If there are others who have any re- lation with, or interested in them, that fact does not appear. Nor is there any evidence before me that the mothers are improper persons, though a good deal seems to have been taken for granted as to that. On this show ing 1t seems clear to me that to all intents and purposes these children are in the custody of their mothers. though removed from contact with what may be bad in their lives. that
 
 and that therefore they are not re- strained of their liberty.
 Moral and Social Grounds.
 Captain Odom, of the Salvation Army. promotes this application and his assertion of right in the premises is that on moral and social grounds any stranger may put on foot an in- quiry into the situation of any child and have the courts or the judges thereof, exercise their discretion in dIs- posing of the child even to the extent of taking it away from It's mother. I am familiar with the use of this writ to determine the custody of children as among those who are commonly recognized as having some special in- terest in them, and am aware that in such cases the courts or the judges thereof proceed on what are called equitable principles. that is to say, that the well being of the children is made the paramount consideration.
 But Captain Odom in his case is a volunteer. he is mere stranger. he is not charged by law. or nature with any greater degree of responsibility for