The Juvenile Court and Public Welfare

Abstract

NOT many years ago an orphan boy boarded a passenger train at a country station to get a drink of water. train started before he could get off. conductor came and demanded his ticket. boy had no ticket and no money. He was arrested on the charge of unlawful trespass and delivered to the constable at the next station. He was duly tried, convicted and fined. Since he was unable to pay his fare, it was perfectly certain that he could not pay his fine. So he was remanded to jail, there to remain for a period of ten days, perhaps in intimate association with adult offenders?drunkards, bootleggers, gamblers, thieves, burglars?graduates in crime. court made no inquiry or investigation as to why the boy had gotten into this mischief. Nor did it ask?what can we do to protect and save him? In its anxiety to preserve the peace and dignity of the commonwealth, and protect the property rights of its citizens, it entirely lost sight of the human rights of the child. Suppose, however, this boy's father had died, without a will, survived by a widow and several infant children, and leaving a small piece of property worth a few hundred dollars. widow is desirous of having this property sold so that its proceeds may be used to assist her in maintaining her family. Before this can be done she must consult a lawyer. He must file a petition in a court of chancery. judge refers the case to a commissioner or referee in chancery who is charged with the duty of taking evidence concerning the necessity for a sale of the property and of making a report and recommendations thereon to the court. A discreet and competent attorney at law is appointed as guardian ad litem, especially to safeguard the property rights of the infants. testimony of the widow is taken as to the necessity for the sale. Expert realtors are called to testify as to the value of the property and whether it can be sold advantageously at this time. commissioner makes his report. court hears the argument of counsel, and, after careful consideration of the matter, renders its decision, taking care in its decree to protect the property rights of each child. So have we strained at the gnat and swallowed the camel.,, From time immemorial the court of chancery has been vested with the authority to protect the persons, as well as the property of the helpless of the kingdom or the state. The custody of a child is always a proper sub? ject of chancery jurisdiction, and courts of chancery generally exercise a wide jurisdiction over the persons and property of infants as wards of court,,, exercising the right of the crown, as parens patriae, to protect and care for incompetent persons. benefit of the infant is the foundation of the jurisdiction, and the in? stitution of any proceedings affecting his person is sufficient to make him a ward of court.,, * * *