The Washington times., 1916-02-05
CODE DESIGNED TO
SAVE CHILD HONOR
Debate on Proposed Juvenile Bill
in House on MOnday-Has
Wide Support.
CONTINUED from First Page J

NCOnunued from BlrSt Fage.)
court and that the small offenses Of
the playing boy are treated with all the
seriousness under the law. OF the crimes
OF the adult. II a boy breaks a window,
he IL charged with IAN offense against
property" or II he takes a newspaper,
he is convicted Of larceny"
There is," declares this report. "ac-
the present law. but one way Of reach
ing him. and that 10 through a cohvic-
ton Tor the commission OF q crime.
court there may be an adult who is the
Back OF the appearance OF the child IN
person responsible for the appearance
of the child in court--the person against
whom the judgment of the court should
be lodged-yct the law Is so defective
In this particular that not single case
against an adult has been tried in
eighteen months"
Judge Latimer, of the local Juvenile
Court, is an ardent advocate Of the
proposed legislation, and has been IN
frequent conference both with the
House committee that reported II this
week, and with Mr. Tinkhanl, who is
to cndeaVor to steer II through the
thorny paths of the lower chamber He
points out that the bill does not call
for a cent of appropriation, though
it's passage probably will impose new
work on the already crowded court
| over which he presides.
The Primary Question.
The theory on which the new law
Is framed is exactly the opposite TO
| that upon which the existing statutes
are based Instead of regarding the
child as criminal till his inno-
| cense IL proved. 1t regards him as
the ward OF che nation, whose well
fare "colncides with the well-being
| OF the State and who is to be saved
| by II, rather than prosecuted by IT,.
| This 10 the modern theory upon which
all the new children's court legislation
| Is written.
The FIRST State law embodying thi,
| principle was that enacted in Illinois IN
| 1899. and the movement has since spread
| to more than two-thirds OF the States
TALLY new in the thought behind this
legislation" says the FleXner report
| as will be seen from the citation o.
authorities made part of this report
| The principles that are the brick and
mortar OF the court are nothing new
trary. they are old; they stretch fa
into the past and are found in man!
OF the early chancery decisions
The primary questionable one that
we always find In the Thousands oi
cases coming before the juvenile courts
--inySfVes the right of the court to con
troll the custody OF the child: TO take j.
from It's parents or guardian upon tn
|
child and the good of the. state. require
that this be done. The whole structure
rests upon this proposition. Courts o
last resort In this country, when calle'
upon TO construe laws creating juvenile
courts. have uniformly upheld the
right; they have rested the deosion
Fupon the broad principle that the cour
is exercising \ power used from IN
earliest times by the English chancei
lors."
How Proposed Law Would Work.
II the proposed law goes through
instead OF tho information and com
plaint" OF the criminal law. there WI
be merely petition setting forth tn
facts. The child and its parents wi
be summoned before the court--no war
rant Of arrest. Instead Of trial. upo
oath. with witnesses. the court WI
make inquiry into the habits, surround
inEs, conditions, and tendencies OF IN
child 30 that the court may render, nc
, a Judgment OF conviction against IN
child. but an order or Judgment 's
shall best conserve the welfare or IN
| child"
The child may be allowed to RENAL
at home. subject. perhaps: to the supel
) vision OF the probation. officer; 1t ms
be put on probation: alton may may Dc E. place cSS
/. mitted to the care of the Board Of Chi
dFen's Guardians or TO any institute
!. or agency willing to receive It. In
4 cases. the Judgment is not punisl
Z mont either in fact or in name. 'It
the assumption by the State OF the GU
tody through a judicial GUARDIANSHIP
= and the person or agency for the tin
being having the custody Of the chi
\ stands in loco parentls.' and IL mere
exercising the powers Of q guardian"
The johnson bill has the support n,
! only of the ATTORNEY General. but ali
OF many reform clubs and organization
made up OF representative citizens
Washington.