Page:The Green Bag (1889–1914), Volume 18.pdf/151

 128

THE GREEN BAG

"The words 'delinquent child' shall in clude any child sixteen (16) years of age or under such age who violates any law of this state or any city or village ordinance; or, who is incorrigible; or who knowingly asso ciates with thieves, vicious or immoral per sons; or who is growing up in idleness or crime; or who knowingly visits or enters a house of ill-repute; or who knowingly pat ronizes or visits any policy shop or place where any gambling device is, or shall be, operated; or who patronizes or visits any saloon or dram shop where intoxicating liquors are sold; or who patronizes or visits any public pool room or bucket shop; or who wanders about the streets in the night time without being on any lawful business or occupation; or who habitually wanders about any railroad yards or tracks, or jumps or hooks on to any moving train, or enters any car or engine without lawful authority; or who habitually uses vile, obscene, vulgar, profane, or indecent language, or is guilty of immoral conduct in any public place, or about any school house. Any child com mitting any of the acts herein mentioned shall be deemed a juvenile delinquent person, and shall be proceeded against as such in the manner hereinafter provided. A disposition of any child under this act, or any evidence given in such cause, shall not in any civil, criminal, or other cause or proceeding what ever in any court, be lawful or proper evidence against such child for any purpose whatever, excepting in subsequent cases against the same child under this act. The word ' child ' or ' children ' may mean one or more children, or the word 'parent' or 'parents' may mean one or both parents when consistent with the intent of this act." For instance, it will be noted that if a child merely enters, patronizes, or visits cer tain places, no matter how innocent the purpose of the child may be, any person who directed the child to go to such place, or even sent it there upon an errand or message, contributes to its delinquency. "Delin quency " is simply a condition into which

the child enters innocently or purposely, but it is presumed to be a condition which, if continued in, may make the child a crim inal, or otherwise bring evil to its life. "De linquency " is not intended to be a term of opprobrium or reproach, as "criminality" would be, and so the child is not charged with being a criminal, but, as will be noted by section 12 of this act, as needing aid, help, assistance, etc. The Juvenile Court in dealing with a "delinquent" child, acts rather in the capacity of a chancery court and not as a criminal court. The petitions or complaints are filed in the interest of the child and not to degrade or punish it. The state is simply acting in its capacity as parens patriae — for the welfare of its ward. Section 12 provides that the act shall be "liberally construed" in order that the care of the child may approximate as near as may be, the care which should be given it by a wise and just parent and that the child shall be treated " not as a criminal, but as needing aid, help, assistance, and encourage ment. " The effect of this is to change the entire purpose of former laws, which merely dealt with the thing — the crime — having the effect of putting the court on an entirely new basis, requiring it to deal with the child through personal work for its own good. It therefore follows that the judge of such a court must do a great amount of personal work with the child if he follows the spirit of the law. It thus follows in constru ing this section in connection with section i of the adult delinquent act, that the court may adopt a liberal construction where it is in the interest of the child. If a child smokes cigarettes on the public street or about the school house, or if it uses profane or obscene language on the public street, it is "immoral conduct," and any person con tributing thereto, or encouraging such con duct, is guilty of a misdemeanor under section i of the adult delinquent law. The court has ruled — under the liberal construction — that the mere giving or sale of tobacco, or of cigarette paper to a child is an "act causing.