The Caldwell tribune. [volume] (Caldwell, Idaho Territory [Idaho]) 1883-1928, 1910-11-25


branch, has been decided in the sr
pFeme Court of Idahro, Judge Ailshie
writing the decision. The Court
through Judge Ailshie says:
In passing upon the constitution
atty of this statute (the act of March
:, 1900 in the case in re Sharn IL 1da-
no lzO) the court held that this is not
penal or criminal statute, and that
holding was in conformity with the de-
clslons of the courts of several states
IN constituting juvenile delinquent acts
Such an act as we have would not
be constitutional if it were held to be a
criminal statute.
1T Is rather intended to be an edu
oational and charitable statute, where
~ the state reaches out and takes hold
o1 those who are bereft OF that ma
rental care to which they are by ma
ture entitled.
So the court holds in substance that
one would not be prisoner within
the meaning of the penal statutes who
was taken into custody by the officers
Of the law in order to insure that pa
ternal relief which the state affords in
cases of this kind under the juvenile
delinquent law
The statute under which his petit
toner was presented (section 6456)
was passed long before there was any
such law as the Juvenile delinquent law
in this state, or perhaps many other
states of the union.
The lawmakers evidently did not
have in mind any such provision as
the one in the juvenile delinquent law
They were rather dealing and intend
ing to deal with cases where persons
had been laid upon by the criminal
laws of the state and were in custody
in pursuance thereof.
Upon an examination of the iuye-
nile delinquent law we are further i'm
pressed with the TACT that it seems to
provide complete remedy for it's own
! execution and to hedge about the off
GERS who are charged with it's enforce
ment so as to protect them and to
protect the state and the child, as
we'll as the parent or guardian, against
the unlawful interference of anyone
else, and we are of the opinion that
the act within itself contains those
provisions that would furnish relief to
the state against those who aided or
lbetted a delinquent child in pursu-
ing the course, or evading the care or
escaping from that protection which
the state affords it."
When Justice Ailshie had finished
pronouncing hte courts opinion, At
torney Griffith turned to Elsie Small
and said: You are free, Elsie, and
you can go and nobody can harm you.
it's all right now"
Elsie gave cry of joy and with
tears streaming she left the court
room. 81 am going to see Elmer" she
sobbed Historically, because they
have still got him locked up-and he's
so little. | know he isn't bad at all,
out you can't make people give him a
chance. l could give him good home
out they are going to send him to the
reform school in spite of all can do.
[ am poor. l have been working in a
laundry. If l had money would get
he lawyers to fight for Elmer"
We doubt that the case justifies such
display and dramatic feeling as the
Boise papers and others have shown
rhe history of the case follows:
Elmer Small was charged with burg
larizing the Caldwell Laundry and
Caldwell slaughter house. He had q
hearing before Judge b. w. Henry ant
was committed to the st. Anthony In
dustrial School, Sheriff +. NJ. Bres
hears could not leave at once for st
Anthony and placed the boy In charge
of his father, Noah Small. The boy
did not want to go to the reform school
where he properly belongs, 50 assisted
by his sister Elsie Small, or Elsie La
Branch. effected his escape to Oregon
The two were apprehended in Oregon
and brought back TO Caldwell. Tn
woman was charged with aiding pris
oner to escape. Attorney II. A. Grit