Polk County observer. (Monmouth, Polk County, Or.) 1888-1927, 1915-12-21
AAL BAnLE At END
r. HOW TAKES POSSES
sroN AZ 1lR DAUGHTER.
|tod dlau1 Il Four Year Old Child
Pnzt g7&h Her Reluctantly.
" Review of Case.

h Saturday last Mrs. Mollie Bow
acting under instructions from
Multnomah juvenile court, came
Dallas and on Sunday took pos
Ion Of her four year-old daughter,
whom Mr.. and Mrs. Milt Grant
had custody TOR two years, and
I whom 3 long legal battle had
! fought ID the courts. The SUI
be court Of The state had, as stat
" Tho Observer last Friday, hand
down decision reversing the
xnent of TIKI circuit court for Polk
bty, and directing the delivery OF
child 70 its mother.
Rhen Mrs.. Bowers went to the
bat home To demand the child, Mar
she was accompanied by Sheriff
and while MI. and Mrs. Grant re-
|antly complied with the highest
pnal's order they saw the useless
Of attempting further retention
THE little one. An effort will,
ever, be made later to secure the
b from the Juvenile court, under
Be jurisdiction it still remains.
(rs. Bowers was married when she
Ia years old, her baby was born
n she was Is years of age, and at
her baby was made a ward of the
Rnile court of Multnomah county,
the temporary custody continued
Ter. At II, she was also divorced
her husband, the court in grant
her 4 divorce, giving her the Gus
Of tho child as against the faith
The Juvenile court order in Multi
ah county was made in June,
In the fall of 1913, Mrs. Bow
brranged with Mr.. and Mrs. Grant
bre for the child, she agreeing to
for its care. In February Of
she demanded possession of the
!, but was refused. In Septem-
1914, she made an unsuccessful
mpt to kndnap the child, but was
|trated. Henry Savery, then a
tty sheriff under j. M. Grant, was
ing the ear in which she sought
hake her getaway. Proceedings
instituted IN the juvenile court
Polk county against the child, and
b tile mother and baby reached
Salom bridge, they were stopped
Marion county's sheriff, and Dep
Sheriff Savery was instructed to
rn them to Dallas.
BE- Polk county court held the
Ter under advisement, and turned
bhi1d over to Mr.. and Mrs. Grant.
nuous objection was made to the
3dicfi0n Of the local county court,
demand for the possession of the
ves repeatedly made, but with
avail subsequently,, the juve-
Court 0f Multnomah county made
hef 6tdef ia the original proceed
IN Y o>ed a in that court, and con-
n (be custody of the child in the \
be1. Tie Portland court then as
|o1 charge Of the matter, and
Bed tn case. Mr.. Tooze, repre-
fnx the Juvenile court of Multi
Rh. V4a Instructed to file ha-
cofpus petition for Mrs. Bowers.
p<fiion was filed in the circuit
Of Polk county. In their return
e witt issued, Mr.. and Mrs. Grant
Forth that the mother was an un-
lstodian, and was of loose morals.
also set up the proceedings OF
sounfy court of Polk county. An
hing the return, Mrs. Bowers,
bgh her attorney, set forth the
eedines in the Multnomah county
4, and pleaded former adjudica-
upon The question of fitness. Up
he trial Of the case, the various
eedings Of the various courts were
lifted. Evidence calculated to
E the n1ofher's unftness to have
Custody Of the child was intro
| d over Injection. Judge Belt
a tho best interests of the child
hnded that it be left with the
ts, over171led the objections to
Evidence, and dismissed the writ.
Tooze then served notice of ap-
to the supreme court, and the
was argued there on December /.
its decision, the supreme court |
that the disposal of the custody
bis child was in the hands of the |
noIuah jpvenile court, and that
ther court could interfere with |
brdor1. The decision states the |
wing "Between courts of con-
bn< jurisdiction, the court first ac-
|n< jurisdicfion will retain it, and |
nc( be inferfered with by another
This rule is so elementary as
1uIr< no fnrther citations of au-
~ zu0porting the legal principle.
joreniIe court of Multnomah /
b having first secured jurisdic-
n the erhiect matter and never
IS 6isn1issed the proceedings or
led the rzrd. the county court of
<0arfy. q tribunal Of concurrent /
+ 11j no authority to intermed-
F|<h the custody of the child, and
e<r<e attempting to affect such
>1< Is void.n
<1ncloding, the decision reads:
N. and Mrs. Grant who, from a
fc1pf Of the testimony before US,
1r 70 Be In every way worthy,
<1<nt and qualified for the trust.
ne c1stody of the little girl
<rtf hare cared for and kept |
rcrt <1<n two years, they must