The daily Gate City and constitution-Democrat. (Keokuk, Iowa) 1916-1922, 1916-04-29
IMPORTANT RULING
|. IN HAbEAS CORPUS
ArIo Wilson Discharged From Gus
tody Whom Records Show That
He Was Not Ten Years
Old at Time.
FOLLOWS NEW STATUTE
Change Was Made From Seven to
Ten Years, Court Finds
Plaintiff Rests in
Jury Case.

| An important decision in a habeas
corpus case was handed down in the
district court today by Judge Henry
Bank, in the case of Arlo Wilson VS..
Charles H. Henneman, city marshal
F.! The court found that the plaintiff, at
the time that a complaint was fled
against him by mis- father, was not 10
years old. For this reason, the court
discharged the lad from custody of
the defendant. Under the old law
the limit was seven years old; the
supplement has increased that three
years. The decision, it is understood,
applies only to this one instance,
other offenses in which the boy ap-
pears are not considered in this de-
cision.
| The question was raised in the
hearing regarding a date on the in
formation. This the court finds was
! a mere oversight and clerical error
The main issue was whether or not
| the lad was 10 years old when the
complaint was filed by his parent.
| In deciding the case Judge Bank
said:
1.-THE question to be determined in
| this case is, has the judge of court
of record Jurisdiction, power and
authority to make the order made in
this case by the judge of the superior
court committing the plaintiff to the
industrial school on the application of
the father on the ground of being in
corrigible. Under our statute II is
provided that the proceedings of a
court or judge when lawfully acting
within the scope Of their authority
cannot be questioned by proceeding
! in habeas corpus. In SO Iowa, our
4 SOD -, I,
ceeding the inquiry is whether the
court acted within it's legitimate prov.
ince and in lawful manner.
"As to the printed date in the orig
inal information, the court has no
trouble in finding that the evidence
shows beyond question that the said
printed date 1914) is a mere over
sight and clerical error and such error
must be disregarded. Our code pro-
vides that the court in every stage of
an action must disregard any error
or defect where it does not affect
the substantial rights of the adverse
party, and that no judgment shall be
affected by reason of such error.
'"The question as to plaintiff not
being notified of the proceeding in
stituted by his father in my judg-
ment is not jurisdictional.
The Important Issue in Case.
"Now the important question in this
case is what was the age of the plain
tiff Arlo Wilson, at the time the orig
inal complaint was sworn to and at
the time of the making of the order
| in question committing him to the
Iowa Industrial school. to-wit:E May
"a. 1915?
upon making an investigation of
this matter l find that the minimum
age limit of child to be sent to the
Industrial school, upon the complaint
of a parent, according to the law as
it appeared in the 1907 supplem ent
of the code, section 2709, was that
the child must be over the age of
seven years, but it appears from the
present supplement, section 27O9, the
minimum age limit has been raised
and as the law now stands the child
must be over the age of ten years.
This has been the law since the
spring of 1911. In my judgment this
is very important. AS the law now
stands, the boy or girl must be over
the age of ten years when the appli-