position of the child. Cf. Richards v. Collins, 45 N. J. Eq. 283.

Custody and Disposition of the Child. See Cincinnati House of Refuge v. Ryan, 37 Ohio State, 197; Farnham v. Pierce, 141 Mass. 203; In re Wares, 161 Mass. 70; In re Kelley, 152 Mass. 433; In re Ferrier, 103 Ill. 367; 27 Cent. Dig. "Infants," secs. 13, 18, 19. Cf. supra; "Powers of the Legislature and the Court."

Reformatories etc.: Legal status of, and character of commitment to. The view taken in the majority of cases is that the institutions and reformatories to which children are committed are not prisons or penitentiaries, but schools-"where children who may be exposed by conditions of misfortune, or who may perversely expose themselves to immoral surroundings and influences, may be kept under reasonable restraint during their minority, not as punishment for crime, but for their moral and physical well being." 5 A. & E. Ann. Cas. 96, note. Cf. Olson v. Brown, 50 Minn. 353; McLean County v. Humphreys, 104 Ill. 378; In re Ferrier, 103 Ill. 367; Scott v. Flowers, 61 Neb. 620.

Habeas Corpus: Children taken from the custody of the parents, etc. See ex parte Crouse, 4 Wharton 9; Farnham v. Pierce, 141 Mass. 203, 55 Am. Rep. 452, note p. 456; ex parte Nicholl, 110 Cal. 651; People ex rel McEntee v. Lynch, 223 Ill. 346.

ESSENTIALS OF A GOOD JUVENILE COURT LAW1

From the preceding pages it will be seen that twothirds of the states have already passed special juvenile court or probation laws, or both, and with few exceptions, laws concerning adult delinquincy. There exist in many of the other states statutes embodying some of the underlying principles of juvenile court legislation. Juvenile court laws as they exist to-day are the result of experiment, and, in those states which lead in juvenile court legislation, represent constant effort to profit by and embody the results of experience in new and improved legislation. It has apparently been found possible in some states to approximate the work of the juvenile court without special legislation, but as a rule separate laws uniting the features essential to the effective application of those principles, have greatly facilitated the work. Experience, both of the actual working and of the legality of juvenile court legislation has now been

1 See Lindsey: The Juvenile Court Laws of Colorado, especially p. 8 ff. What is Necessary; and p. 59 ff, A Word as to the Preparation of Juvenile Laws for Other States.

See H. B. Hurd: Minimum Principles Which Should be Stood for, Charities, 1905, p. 325.

See recommendation of the New York Probation Commission, Report, p. 93 ff., App. A.

sufficient to make it possible to suggest certain features upon which emphasis is to be laid.

In general, it may be said that the code should not be hard and fast. It should be elastic. "Where juvenile court law covers a whole state, a uniform system should be adopted for practicability." "Due regard should be had for the statutes already on the books." "The institutions and methods in vogue within the state in dealing with children and the relations of parent and child, parent and state, and state and child, should be carefully studied and new legislation adapted to local conditions and resources."

The title should be clear, comprehensive, and sufficient. It has been held advisable in several cases to enact laws in several different acts in order to avoid difficulties with title.

The definition of neglected, dependent, and especially of delinquent, children should be made broad, and the age limit for juvenile jurisdiction should be made as high as consistent with the general laws.

Jurisdiction should be given to courts with chancery power.1 It is not necessary that new courts be established, though it has been found in some places the most satisfactory method. It is generally agreed that there should be one judge-rather than several

1 "We consider it a step backward to provide for a special court limited to children's cases only, unless it is given general unlimited criminal and chancery court jurisdiction in order that it may successfully handle all cases against or concerning adults where a child is involved." Lindsey, in International Prison Committee report, 1904, p. 64.

in rotation-who shall be (exclusively, if possible) a juvenile court judge.1

Provision should be made for separate room, if possible, in a special building devoted to the needs of the juvenile court. There should be a waiting room so that cases may be dealt with one at a time.

The trial should be private, informal, and conducted on the principle of "the saving, not the punishment or restraint of the child." Proceedings etc. must be left largely to be determined by local needs and conditions.2.

To avoid constitutional difficulties, the statutes should provide for jury and counsel where demanded, and should provide for prosecution by the state's attorney where demanded.3

Judge Williams, Justice Ohmstead, Miss Julia Lathrop, Judge Lindsey, and many other writers upon juvenile courts insist upon the detention home as one of the most important aids in the work of dealing with delinquent children.

The statutes should provide for paid probation officers having the power of sheriffs. It is generally agreed that probation officers should receive public compensation and that the paid probation system is more effective than the unpaid. The choice of pro

"

"The con

1"-not one who merely takes his turn after adult cases.' stant rotation is destructive of real success. The judge should be "intimately acquainted with child nature and with various institutions and methods that may be employed to help the child."

2 Cf.

Lindsey, in International Prison Report, 1904, p. 64.

3 Cf. Lindsey, Juvenile Court Law of Colorado, p. 26.

4 S. J. Barrows, in International Prison Report, 1904,. p. XII. cf. Mrs. D. Sheffield, in Legislation in Regard to Children, p. 35-6.

bation officers should be left to the Court,1 or the Court subject to the approval of special Commissions, Boards of Charities, Probation Commissions etc. Juvenile Court Commissions are gaining in favor.2 Examinations of the nature of civil service examinations for preliminary qualifications, have been tried in some states.3

The principle of adult (“contributory") delinquency is recognized in nearly all recent legislation.*

The judge should be given power to suspend sentences, that is, to put the responsible party upon probation.

A feature new to legislation, though not to practice, is that of forbidding all newspaper and other publicity to cases which come before the juvenile court.

Juvenile court workers are emphasizing the necessity for wise child labor laws, compulsory school laws, and general provision for the co-operation of the home, the school, and the employer, both preliminary and supplementary to juvenile court legislation."

1 Charities, 1905-6, vol. 15, p. 758.

2 "The most notable recommendation of this [the New York Probation] Commission-is that of unpaid municipal probation commissions for cities of the first and second class. These commissions are proposed to be under the supervision of the State Board of Charities. Mrs. D. Sheffield, in Legislation in Regard to Children, p. 35-36.

9 S. J. Barrows, in International Prison Report, 1904, p. XII. Lindsey, Juvenile Court Law of Colorado, 1905, p. 8.

"The most practicable and important new feature [of juvenile court legislation] is the enforcement of the legal responsibility upon the parents and the home for the moral and physical welfare of the child and the establishment of a practical and effectual system of probation in order to carry out these principles generally recognized in every state.' Lindsey, Juvenile Court Law of Colorado, p. 159.

See also Lindsey, in International Prison Report, 1904, p. 122-5, and Charities, 1904-5, vol. 13, p. 357.

For blank forms etc., in use by juvenile courts, see Juvenile Court Laws of Colorado, p. 65-80 and Bérenger, op. cit. p. 145-227.