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out proper parental care and authority, it became the JUVENILE COURT RECORD duty of the State to substitute itself in place of the
parent who was unable or wholly neglected to exercise
that parental power and authority that is contemplated T. D. HURLEY, Editor.
by the law. This power and authority was sustained 637 Unity Bldg., Chicago, Ill.
by the Supreme Court of Illinois in an opinion rendered
in 1882 in the case of County of McLean vs. Humphrey. ASSOCIATE EDITORS. Hon. B. B. Lindsey, Judge Juvenile Court, Denver, Colorado.
Years of study, investigation and practical experience Thomas D. Walsh, Asst. Secretary New York Society for the
demonstrated that the same rules of law that governed Prevention of Cruelty to Children, 297 4th Ave., New York. dependent children applied as well to truant and delin
quent children. The real question at all times before DAVID R. BLYTH, Business Manager.
the Court is not the dependency, neglect and destitution, Publication Office, 637 Unity Building, Chicago, Ill. but the present care and future well being of the child. Eastern Office, 53 W. 24th Street, New York City. Neglect, dependency, truancy and delinquency are so inBoston Office, 71 Kilby Street, Boston, Mass.
terwoven that 110 person able to say where one begins
and the other ends. Such were the thoughts and ideas The Juvenile Court Record is published monthly except in in the minds of the framers of the original Illinois the month of July. Single copies, 10 cents. Subscription price, $1 per year. Entered, at Postoffice, Chicago, as second
Juvenile Court Law. When the bill was being framed class matter.
the thought and idea in the minds of the members of
the committee was conditions and how to remedy them. New Subscriptions can commence with current number. Was the child in a condition of destitution, dependency,
Change of Address.-Always give both your old and your truancy or delinquency? If so, the court of chancery new address when you ask us to change.
was in a position to apply the remedy. No new docPayments for the Paper, when sent by mail, should be made trine was invoked. No new forms were necessary. in a postoffice money order, bank check or draft, or an express money order. When neither of these can be procured, send
The Juvenile Court Law of Illinois was finally 2-cent United States postage stamps; only this kind can be drafted along these lines. It will be seen at once that received.
the legal phase of the Court was kept in mind at all Letters should be addressed and checks and drafts made payable to Juvenile Court Record, 637 Unity Bldg., Chicago.
times by the framers of the law. The majority of the Advertising Rates made known on application.
committee, being lawyers, recognized that the State could not interfere in the family relations unless two things
were established: EDITORIAL
First, that the child was found dependent, neglected, truant or delinquent; and
Second, that the parent was unable to provide the LEGAL PHASES OF THE JUVENILE necessary care and attention that the child was entitled COURT MOVEMENT.
to under the law, or was unfit to have the care and We are pleased to note the importance given the
custody of his child.
Unfortunately, the intention of the committee was legal side of the Juvenile Court by the various char
lost sight of by the many philanthropic and varied charity itable conferences held throughout the country during workers throughout the country, the great majority of the past few months.
whom are not versed in law, The philanthropic side of The JUVENILE COURT Record has at all times em- the Juvenile Court has been emphasized from the beginphasized the importance of the legal side of the Juvenile ning. Most of the workers have proceeded to go on Court. While the primary object of the Juvenile Court,
the theory that they are "holier” than their fellow breth
ren, and being encouraged by a lucrative salary, have and all of its allied agencies, is the child; nevertheless,
at all times been anxious to exploit the great work we should not overlook the legal rights of the parents, that they are accomplishing. It is unfortunate that this the child and its relatives.
great movement should be thus hampered. If the JuvePrevious to the establishment of the Juvenile Court nile Court movement is to become permanent it will of Illinois, which is recognized and was in fact the
be necessary for the lawyers in the various jurisdictions original Juvenile Court, the County and Chancery Courts
to take charge of the matter and see that the proper
legal steps are followed before the court can exercise exercised jurisdiction, under a special statute, over
jurisdiction over the perscn of the child, its parents or neglected and dependent children. This power thus con- legal representatives. ferred upon the courts by the Legislature was based
We do not agree with some suggestions that have on the theory that the child being dependent and with- been offered of late that the neglected and destitute child
should be denied the protection of the Juvenile Court.
Notes One great question should always be kept in mind, and that is the protection of the child. It matters not whether
Judges Pike and Orr of the new Washoe County, Nevada,
Juvenile Court, have appointed Major G. W. Ingalls as Prothe child is neglected, destitute, truant or delinquent.
bation Officer. This was a courteous acquiescence on their Does it need the protecting arm of the State? If so, part to the wishes of hundreds of citizens who hoped that then volunteer and self-appointed visitors and mission- Ingalls would be appointed, because of their faith in his fit
ness and worthiness. He was for many years in charge of aries should not be allowed to take charge of any such
the government's Indian wards. child and assume parental power and authority over it. In our opinion laws should be drafted in every State
A few weeks ago an unusually practical civil service exam
ination was held for the position of chief probation officer in the Union, making it a penal offense for any person
in the Rochester Juvenile Court. By request of the local to take another's child and transfer it to the juris- municipal civil service commission members of the State diction of strangers without an order of court or the
Probation Commission assisted in conducting the examinawritten consent of the parent.
tion, a considerable portion of which was oral. The oral
test to which each candidate was subjected individually, was In Chicago at least one-half of all the children ap- especially intended to show personal characteristics, like pearing in the Juvenile Court are neglected or dependent. force of character, tact, sympathy and resourcefulness. LibIt does not follow, however, that because the child is
eral credit was also allowed for past experience. This method
of conducting examinations in other places has resulted in the neglected or dependent that the parents should be de
selection of persons thoroughly qualified for this delicate prived for all time of the control and education of their work. child. Under the Illinois Juvenile Court Law applica
Examinations by physicians in the Chicago Juvenile Court tion may be made to the Court at any time during the
show that 55 per cent of the children arrested last year were minority of the child, and when it is made to appear suffering from hypertrophied tonsils and other throat trouto the Court that the parents are in a position to as
bles, and 20 per cent from enlarged - glands. Eighteen per
cent had defective hearing, 17 per cent defective vision, and sume control and jurisdiction over their child and able
12 per cent skin diseases. Nearly all the children arrested to supply it with the necessary sustenance and education had poor teeth. Fifty-four of the 58 children before the court contemplated by the law, and it is for the best inteerst
one day had never used a tooth brush. Physical defects, of the child, the Court shall thereupon order the child
which are easily remedied, are often the underlying cause
of truancy and waywardness. In New York state several returned to his parents.
probation officers, especially those dealing with children, Now that the Juvenile Court has been permanently
have their probationers treated by physicians or specialists. established it is very fortunate that the lawyers are de
Probation Officer Arthur Mitchell of the Court of Special voting special care and attention to the Court. No mat- Sessions, Brooklyn, is spending his summer vacation visiting ter what we may think, nor what ideas we have upon
the penal and reformatory institutions and studying the probthe question, the fact remains that the courts of final
lems and conditions affecting children. While visiting the
Children's Court, Brooklyn, he sat on the bench with Judge review have at all times insisted that before a child
Robert J. Wilkin, and writes as follows of the methods.purcan be taken permanently from its parents great care
sued in handling cases. and caution must be exercised in the trial court. It
Judge Wilkin's methods in dealing with children are worthy
of imitation and compel admiration. In the entire morning's must be made to appear that the parents are unable
session there was not a discordant note. A tear or two here to supply proper care for their children, before they and there was a regret rather than of apprehension. The can be taken from them. We cannot emphasize this boys told their own stories, and obviously told them truth
fully, these stories in no ways differing from those of the doctrine too much. We have on all sides and in all
police officers making the arrests; the result being no attitude directions charity workers of various and varied kinds, of conflict between the police and the children. all imbued with the idea that they are doing a great
Another feature, and one of surprise, was the parent work, which in most cases is a fact.
admitting the child's fault and apparently sympathizing with But they must
the kindly judge in the necessity for arrest and reprimand be constantly reminded of the fact that the law never or fine. contemplated that the "poor should bear the children In two and one-half hours' administration of justice, but and the rich rear them.” Such is the latest expression
one lawyer appeared, and he, after hearing the judge drawing
out the lad's own story, remarked he did not desire to interof one of our Supreme Court decisions.
rupt the court's investigation. A sense of perfect fairnessWe do not wish to be understood as finding fault, the square deal-was apparent throughout in the attitude of
attending parents. nor discouraging the Juvenile Court workers. The fact
With volunteer probation officers-Catholic, Protestant, is that we have never had sufficient Juvenile Court work- and Hebrew-furnished and paid by Social Service Associaers. But we wish to advise them that it is far better tions, and an attendance officer for the Department of Eduto keep in mind the legal rights of the parent and the
cation, and an agent of the Society for the Prevention of
Cruelty to Children, each detailed to the court, children's child at the inception of court proceedings, than to be
parents get a “fair show," and what is better, they recogreversed and reprimanded after a long legal proceeding. nize it.
Sary Ann's Good Times
By MAY ROBERTS CLARK
It was spring, but who would that the gov'ment pays yer keep whilst yer at it. Well, I recognize the season? There don't keer. It's easy fer you, 'en I hain't seen maw so chirk were no lilacs to shed perfume. sence I kin remember. I'm awful glad yer bordin' at the no trees to flaunt new leaves, Williamses' cos they is the closes'; 'en cause of maw a and no
streams to gurgle of likin' you, I'm goin' to tell you somethin'. Yeh won't tell, coming summer. The vast arch- will yeh?" ing sky stretched far, far away I promised to keep her secret. She dropped her ear of overhead. Not a cloud floated
corn with a little gasp. Leaning quite close, she whispered on its still, blue surface. The
pantingly: “I'm a savin' rags to make maw a carpet.” prairie-lifeless, motionless, un
That was the great ambition that had kept the child from varied in color,--spread out to
destruction. Something quivered in my throat.
“Yessir,” she repeated with hushed emphasis, “a carpet. cried out at the unusual sense
I ben workin' on it ev'ry sence I was seven years old. Seems
like maw hankers arter a rag carpet mos' ez much ez she of vastness and loneliness. On
does to die. I've allers 'lowed she should hev one. I know the level disk of far-stretching jes' how she wants it, where the red goes, en the green, en
acres stood a single sod house. A LONG LIFE OF TOIL
the black." It looked very small, but it gave the necessary touch of life to the stagnant land. Like
She took me noiselessly into the "lean-to" and showed a kindly hand, a little road reached out from the north and me her poor, little stock of sewed rags. “Do you think they's united the farm with the distant civilization.
enough?" she asked anxiously. How well I grew to know that house in after years. Be
"I don't know," I answered, "I never made a carpet.” hind the one window, day and night, was the weary, bitter "Well, I ‘spose not,” she replied slowly, “but men do sew face of "Sarey Ann's maw."
some.” From early childhood, life had gone hard with "maw." Her "Sarey Ann," called her mother sharply, "you travel back history had been a long tale of toil and disappointment. For teh that corn." one brief moment hope had dawned with her wedding; but
"I'll go 'long in a minute, maw; here's Mr. Marks come she soon found that her husband had married her to save
teh see yeh." the expense of a hired girl.
Maw's cup of bitterness seemed full. She shut her lips sullenly and did her arduous duty, making' no complaint. Then came Sarey Ann and the long illness. Maw had not taken a step for twelve years.
One day I asked her about her trouble. She answered quickly: “Yes, when I found that I would be this way allers, I hated Sarey Ann, I couldn't seem to help it. I was so afeard of Silas. I knowed he merried me to hev my help, and here I was ez good ez dead; but onburried. She choked and looked out at the dreary prairie. I'm wus en dead; ef I was gone Silas could merry some capable woman, Yeh can say what yer please about a answer to prayer, I don't believe it. I've prayed so long to die. Mos' ev'y year I hear of some one a-dyen' 'at don't wanter; an' here I set, on, 'en on, 'en on.”
Her weary voice died out. I could not say a word to comfort her, for I knew that she spoke the plain, unvarnished truth.
"About dyen',” she went on with a haunted look, "some folks say 'at the Lord helps them as helps theirselfs." I started, but she shook her head, smiling bitterly. “Oh, I wouldn't, 'cause there's Sarey Ann.” Deep under her shell of seeming indifference she really loved her homely, faithful daughter.
Sarah was bony and undersized. Her sallow face and dim blue eyes looked out weakly from a shock of sandy hair. Her hands were rough and warped by tugging at burdens too great to carry. The childish heart might have broken but for her ambition.
One evening that summer we sat outside. I had been helping her to prepare dried corn. She had been talking about my profession. “I think it's awful funny,” she said slowly, “fer a grown man to be chasen bugs. An' paw says
"I BEN WORKIN' ON IT EV'Y SENCE I WAS SEVEN YEARS OLD"
I stayed with maw a moment, and then slipped back to Sarah. “I've been thinking about that carpet,” I said; “I am sure that you have rags enough. Tomorrow we shall go to town and see about getting it finished.”
I have never seen such delight as crept into her thin, little face. She caught her breath. Her hands dropped almost convulsively.
"What must be done before your carpet is complete?” I asked. A pallor passed over her face. “That's it,” she answered faintly, "it's got to be wove, en I want ca'latin' to hev it wove fer some time yit. I hain't got no money. I hev thought uv askin' paw, but I'm afeard.”
"Who does the weaving?" I asked.
"Missus Berger,” answered the child languidly; "she lives down to town."
"I'll see about paying that weaver, Sarah. Get your baggage together and be ready in the morning.” “Oh. I don't durst,” she answered anxiously, "maw wouldn't hev it; she wouldn't be beholdin to yeh fer anything.”
"Your mother wouldn't send the carpet back," I remonstrated; "the rags are yours, and I don't believe the woman knows how to take the weaving out. Good night, Sarah.”
She ran after me and caught my hands.
"Oh, Mr. Marks, yer jes' awful good. I've dreamed about that carpet bein' done, and woked up en cried, 'cos it wouldn't be fer such a long whiles."
I bade her good night again, and left her there alone, a little wizened figure, dimly outlined against the darkening sky. Poor little soul, she had never known the life of a child. As I glanced back, I saw her standing there motionless, watching me out of sight. I vowed that the poor little drudge should have at least one holiday.
When I called for her the next day maw said grudgingly, “Yes, she'll hav to go, I reckon; 'peers like she didn't sleep a wink the hull night, jes toss, en toss, en tumble. I didn't see how I was agoin' to spare her, but she got up at peep uv' day en done the bakin'."
The girl stood by the lean-to door, reaching doubtfully for her sunbonnet. Maw understood her hesitation, and said kindly, "Yeh kin wear by bonnit today, Sarey Ann.”
What a fright that bonnet was! Sarah took it from a green box under the bed, with reverent fingers. “I know it's big." she explained, as she climbed into the wagon, "but it's so beautiful. I jes' admire that plume. Maw hed it put on when she was merried."
That hat belonged to some remote period; I could not remember to have seen its like before. At its best the plume had been shoddy; now it was frowzy and faded.
When we came in sight of the village she grew too excited to sit still.
I hain't ben to town fer years,” she explained; “paw allers 'lows he can't be bothered with gals. An' to think I'm actually agoin' 'en wearen' maw's bunnit, 'en-'en the carpet. Oh, I could cry, I'm so happy. I don't keer, I could, so there now!"
The raw-boned German weaver gave us a kindly welcome. Sarah leaned over the clumsy loom with brilliant eyes. Her breath came in little gasping sounds. Her face wore an expression of ecstacy. Somehow I understood that the loom was to her what an art gallery is to me. At last we closed the door behind us. Sarah drew a deep breath of perfect content. "It's like a dream a-comin' true,” she said radiantly.
We had a great excursion that day. We went up and down both sides of those two village streets. We looked in at every window. This kind of sight-seeing was as new to me as to her. I shrank from it, but would not spoil the child's delight. Now and then my queer looking companion would stop long enough to hitch "maw's" backsliding hat more
firmly upon her head. What few inhabitants the shabby town contained, turned out to watch our progress. I became painfully conscious that the contrast between us made Sarah look ridiculous. When I could stand it no longer, I drew my little friend into the restaurant and ordered ice cream.
The man at the counter stared. He "didn't have no cream made.” He “ 'lowed" it was hot, and said he could make some if we would wait. We were tired and waited. We heard the low, excited conversation between the man and his wife, on the other side of the partition. Next came the festive sound of egg-beating; then I knew that the cream would be the cornstarch-custard kind usually served at country picnics. I mentally said, “no, thank you, none in mine."
Sarah asked in an awful whisper, “Don't ice cream cost an awful heap?” I shook my head. The restaurant keeper came in to gossip while his wife turned the freezer.
The ice cream was poor, but Sarah devoured three dishes full; when we were leaving she said, with replete satisfaction:
“I never et ennything so good in my hull life.”
She had passed through so many thrilling experiences that she was growing dazed. I looked at her and smiled; she smiled back wistfully. I watched her while she rescued "maw's" hat on its downward course. The action reminded me of something. I told her to wait till I returned. I crossed to the other street and entered the tiny millinery shop, before whose windows Sarah had paused for what seemed a lifetime to me. I had never been in such a place before. I marched in with lordly air and spoke defiantly to the scared looking girl: "I want that child's hat in the window."
“Yes, sir,” she giggled and scuttled away. "And I want a feather on it."
I do not profess to be a judge of feathers, but I know that I got a good strong one from the very way the girl explained about its being spliced. When I returned Sarah asked curiously, “what yer got?" "Something for a friend," I answered.
“Fer a man friend?” I shook my head.
"Oh, it's fer Jen Williams,” she said delightedly, "I heard her maw tell her to be good. I'm glad fer Jen, I was athinkin' about her when I was eatin' ice cream."
We rode quite a distance before she said, coaxingly, “Less see it?"
“Not now," I answered, "you are worn out."
She looked at me wistfully, but said no more. She had been taught to obey. When I helped her out at home I gave her the bundle.
"Jen Williams was not the little lady,” I said, "it's for you."
"Me!” she gasped. For a moment her fingers quivered over the pins, and then a low cry broke from her throat. She dropped in a helpless heap by the lean-to door and began to cry. I could not bear it and hurried home.
The carpet went down in two weeks. I induced "maw" to let me carry her chair outside, pleading that she needed a change. The chair was heavy, and I fear that I made her suffer, but she was so contented that I did not regret her journey.
"It's like livin' ag'in to see somethin' new, she said faintly. Nothing was visible but a patch of corn and the unused road, choked with sunflowers. I turned to go but she caught my sleeve.
“I feel to tell yeh something. Since yeh ben so good to us I don't keer so much about dyin'. I reckon I've ben a
hard, ungrateful woman.” The old face quivered, she turned Why Probation Officers Are Needed her back and looked off over the useless road.
The floor was mended and the carpet tacked down. Sarah In response to a demand for educational literature conbecame a child for the first time. She squealed, and flapped cerning the probationary method of dealing with offenders, her arms with pure delight. When everything was ready,
the State Probation Commission has just issued a circular her thin face grew suddenly grave. “Oh,” she gasped, with
which sets forth reasons why probation officers and a juvtears in her eyes, "I can't believe it's all ourn.
enile court are needed in every community. The circular go fer maw."
reads in part as follows: I put "maw's" chair over the threshhold and retired. When I returned the next day they were still discussing
“Prevents Children From Mingling With Criminals. the carpet. “I'm that beat,” exclaimed maw, "that I hain't A Juvenile court prevents children in court from associsca'c'ly said 'thankee' to Sarey Ann. An' Silas. I never seen
ating with hardened adult criminals. a feller so beat in my hull life. He yanked off his boots in the lean-to, without my tellin' him. He was dredful sot up,
Investigates Each Child's Special Needs. but he didn't let on. Sarey Ann?"
A probation officer can investigate each case and inform “Yes, maw."
the judge concerning the child's character and home con“These here red stripes hain't scarcely wide nuff.”
ditions, thereby assisting the court to treat each child accordI was angry when I saw Sarah's disappointment. A
ing to his individual needs. moment later “maw” caught her with a quick, dry sob, and gave her a sudden kiss. The child reeled backward and
Gives Each Child a Helpful Friend. stared in amazement. Gradually a new light broke over
What the average child brought before a court chiefly her little face, and I knew by its shining that Sarah was
needs is not punishment, but a probation officer's friendly having the very best of her good times.
influence and leadership. When a child is placed on probaThat was the last I saw of them. The next morning I
tion the probation officer seeks to win his confidence, to was called home, and was obliged to bid my prairie friends
re-shape his habits, to control his companionship, and if good-bye by letter.
necessary to improve his home conditions. After their toilsome pilgrimage, “maw" and Silas sleep un
Overcome Bad Habits.
In practice, probation has proved itself a successful means of overcoming bad habits and dangerous tendencies in wayward children.
Avoids Institutional Confinement.
A child who is not confirmed in evil ways, by being released on probation, is spared the humiliation and possible harm and commitment to a reformatory. Saves Expense.
The probation system is the cheapest way of dealing with juvenile offenders, for it saves the expense of maintaining them in institutions and also lessens the liability of their being arrested and imprisoned in the future."
The circular further explains that any court hearing charges WITH REVERENT FINGERS
against children can place a child on probation by releasing der the prairie sod. The meadow larks build above them in
it conditionally on good behavior, and placing it for a certain the summer; and in the winter the snows tuck them softly period under the supervision and moral influence of a probafrom the cold. From beneath the thatch of their new sod
tion officer. The duty of the probation officer is to win the dwelling, there never comes a sound of complaint or dis
child's confidence and to overcome its bad I abits or dangerappointment. The wind among the short wild grasses whis
ous tendencies through the exercise of friendly persuasion pers ceaselessly of rest and silence.
The Sarah still lives on the Nebraska prairie. She grew to
and improving his associations and home conditions.
child must obey certain rules, and for violations of the provawomanhood and married a hard working neighbor. Her life, though full of toil, is not unhappy.
tionary conditions it may be returned to court for more Strangest of all, each of her three 'sons bears a fraction
severe treatment. Any magistrate or judge presiding over of my name.
children's cases can appoint probation officers, who may be Some ay I shall stand outside her kitchen door, and shall hear her calling in the twilight:
either men or women and either salaried or volunteers. "George, Shirley, Marks, supper is ready."
The report of the Buffalo Juvenile Court, which has just Then I shall enter, for in calling them, she will have called been published, shows that 490 children out of nearly 2,000 me also.
arrested in that city during 1908, were placed on probation.
Petit larceny, burglary, truancy and malicious mischief were Judge Robert J. Wilkin of the Brooklyn Juvenile Court, the most common offenses. Only 64 of the children placed in speaking not long ago of the causes of juvenile delin- on probation had to be returned to court for further sentence. quency, declared: “It is the family, not the boy, that is generally on trial.” When a boy or girl who has been found guilty of some misconduct is placed under the friendly care The second annual report of the New York State Probaof a probation officer, it becomes the duty of the probation tion Commission, now being distributed, contains among officer not only to exert a moral influence over the child, but other features a bibliography on probation and juvenile also to bring about improvements in the home conditions. courts, in which are listed about two hundred books, pamphProbation strikes at the root of the evil.
lets, reports and magazine articles on these subjects.