The Washington herald., 1909-06-19
WILL TAKE APPEAL
Government to Fight for
Juvenile Court Rights.
DE LACY LOSES JURISDICTION
Higher Court VIII Decide whether
Writ OF CertiOrari Can Lie Against
thOrity in Cases of NOnsupport
Where There Are No Children.

Judge De Lacy. OF the Juvenile Court
last night said he could not discuss the
decision Of Justice Stafford. Of the Dis
trict Supreme Court. holding that the
Juvenile Court has no Jurisdiction in a
case OF nonsupport where there are no
children.
Justice Stafford's decision was render
ed yesterday in the case Of Leo S. West.
convicted in the Juvenile Court April q,
1905. Of failure TO provide for his wife.
Emma West
He was sentenced by Judge De Lacy
to pay a fine of $780, which was 10 go TO
his wife. or to serve six months in the
workhouse.
His sentence was changed to the pay
rlent OF Sc each week for a year, which
he did until March Il last. when he was
summoned on a writ Of attachment and
sent 10 the workhouse. He failed TO ap-
peal. but carried his case TO the District
Supreme Court on a writ Of certiorari
Justice Stafford's decision yesterday was
on the governments motion 70 quash.
The motion was denied by the court. and
the government noted an appeal
Limits Courts Authority.
The ruling clearly limits the authority
Of the Juvenile Court in nonsupport cases
and is considered one Of the most i'm
portant Of the year.
Referring to the creation OF the Juve-
nile Court by an act OF Congress Of
March 10, 1906 the eighth section OF
which defines the Jurisdiction Of the
court, Justice Stafford says:
Nowhere in the act is any jurisdiction
conferred upon the Juvenile Court TO
adjudge as to rights and duties between
husband and wife II IS given iurisdic-
ton Of certain offeuses Of children and
certain offenses against children, and is
given power TO enforce certain duties
which parents and guardians owe 70 their
children or their wards.
THE jurisdiction conferred by section
does not. In general terms. apply ex-
cept as to ohenses committed by chill
dren- As 10 other matters, the iurisdic-
tion is conferred by reference to speciAc
acts OF legislation and when these are
examined Il VIII be found that none of
them confers any Jurisdiction 70 deal with
the relation Of husband and wife"
Attorney 3. L. Gaskins represented
West, and Assistant United States At
torney Perry represented the government.
and Corporation Counsel Thomas an
peared for the District
VIII Test Questions.
IN the governments appeal to the Dis
trict Court Of Appeals two questions will
be decided-whether a writ Of certiorari
can lie against the Juvenile Court and
whether the Juvenile Court has authority
IN cases OF nonsupport where there are
no children. The appeal will be heard
next fall.
Analogous TO the West case is that Of
Otto Linaweaver, now pending before
Justice Clabaugh. Linaweaver was con-
victed in the Juvenile Court Of nonsup-
port OF his wife, and Judge De Lacy sew
eral weeks ago gave him a short jail
term. He applied to the District Supreme
Court for a writ OF habeas corpus. He
was released from fail on his personal
bond pending a decision in his case by
Chief Justice Clabaugh
Justice Stafford announced yesterday
he understood Chief Justice Clabaugh
agreed with him IN his Interpretation Of
the act Of Congress defining the jurisdic-
ton OF the Juvenile Court. and would
take the same action in the Linaweaver
case.