Los Angeles herald., 1909-03-13
DISCUSSES NEW
JUVENILE LAW
JUDGE WILBUR ENTERS INTO
FULL DETAILS
AGE LIMIT is EXTENDED TO
TWENTY-oNE YEARS
Offenders May Be Sent TO Reform
School, Where Formerly Peniten-
tiary or Probation Were
Sole Alternatives

With the new juvenile law in effect
the scope of the courts in dealing with
minors has been greatly enlarged. I'm
der the ruling of the new law the courts
have Jurisdiction over both girls and
boys who have been adjudged delin-
quent until they are 81 years of age.
Heretofore a girl of Is has been con-
sidered an adult.
The new law also makes it possible
to send offenders between the ages or
Is and 20 years to the reform school.
In the past, offenders nave been disci-
plined by penitentiary sentences, or
have been placed on probation under
the adult probation law. There are
many features in connection with the
law, which, Judge Curtis d. Wilbur OF
the Juvenile court believes, will make
conditions easier for the youthful Of
tenders and at the same time give the
court greater jurisdiction.
Speaking yesterday of the new law
Judge Wilbur said:
1.-THE new juvenile court law provides
that all children charged with any
crime who are under Is years of age
shall have the matter of their offense
submitted to the superior court by a
petition to the juvenile court, alleging
the facts showing the delinquency of
the child. This is true not only of felo-
MES but of misdemeanors After due
notice the matters alleged in the petit
tion are heard by the juvenile court.
If on the hearing the court shall deter
mine that said child is not "a fit and
proper subject to be dealt with under
the reformatory provisions of this act.
the court may dismiss the petition and
direct that the child shall-be prosecuted
under the general law. 1t further pro-
vides, however, that until such action
by the superior court no child under Is
years of age shall be prosecuted for
crime until the matter has first been
submitted to the juvenile court by pc
tition as herein provided, or by GER
tificate of the lower court, as provided
in section 16 hereof
Tried by Court Alone
"This certificate referred to, as stated
in section 16, is a certificate sent by the
justice of the peace to the superior
court in the event that the proceedings
have originated in that court by reason
of the fact that the age of the defend
ant was not known. AS soon as it APP
pears to the justice court or police
court that the child before it charged
with a crime is under the age of Is
years, it becomes the duty of the JUS
tice to stop proceedings and send the
child to the superior court. The allie
cations of the petition showing the de-
linQuency of the child are tried by the
court without a jury in substantially
the same manner as guardianship pro-
ceedings are tried.
ION an adjudication of delinquency
the court thereupon takes jurisdiction
of the child until it is 21 years of age
whether girl or boy. But it is provided
in section 27 of the act that no child
shall be taken from the custody of his
parents or legal guardian without the
consent of said parent guardian
unless the court shall find such parent
or guardian to be incapable, or to have
failed or neglected to provide proper
maintenance. training and education
for the child: or unless said child has
been tried on probation in said custo-
dy and has failed to reform, or unless
the court shall find that the welfare OF
the child requires his custody. shall be
taken from said parent or guardian
Tt therefore follows that while a child
may be declared to be a delinquent
child because of the commission of
some unisdemeanor, the child cannot
be taken from its home as long as it is
in fit and proper custody.
1.-THE petitions as drawn for use in
the court provide that the petitioner