HON. HARVEY B. KURD (Deceased) 
 
l'=\\-4,q^ ORIGIN OF THE 
 
 Illinois Juvenile Court Law 
 
 / 
 
 JUVENILE COURTS AND WHAT 
 THEY HAVE ACCOMPLISHED 
 
 THIRD EDITION 
 
 PUBLISHED BY 
 
 THE VISITATION AND AID SOCIETY 
 CHICAGO, II.LINOIS 
 
 COUFILED BY 
 
 T. D. HURIvEY 
 1907 
 

 DEACC£SSIONED BY 
 CHICAGO HISTORICAL SOCIETV 
 "x CRINTED COLLECTIONS ^ 
 
PREFACE— THIRD EDITION 
 
 The Illinois Juvenile Court law having taken its place 
 in the state as a permanent and beneficent institution, it 
 seems proper and fitting that a brief history of the move- 
 ments leading up to the enactment of the law should be 
 recorded. Especially, is this desirable at the present time, 
 as there are several persons who have been connected with 
 the movement from the beginning and who are still actively 
 engaged in the work. We were thus enabled to obtain 
 accurate data from these various persons. We feel justi- 
 fied in saying that this brief history is a true record of 
 what occurred from time to time in the enactment of the 
 law. 
 
 When the first and second editions were published many 
 claimants from the various sections of the country came 
 forth and insisted that the Juvenile Court movement was 
 inaugurated in their respective states. In some of these 
 states, there was a separate trial of children, in others 
 separation of children charged with offences from adults, 
 others, again, had limited probation. All, however, dealt 
 with the child as an offender against the law. The Crim- 
 inal Law was invoked and whatever order was entered in 
 the case was under the Criminal Statute. These various 
 statutes were examined by the framers of the Illinois 'Ju- 
 venile Court Law and none proved satisfactory. After a 
 long research, the committee discarded all these statutes 
 and started with new thoughts and ideas. 
 
 The first question settled was that they were to deal with 
 childhood and, second, that it was not crime but conditions 
 that confronted the committee, and so it was decided that a 
 law would be drafted dealing with conditions. Was the 
 child in a condition of truancy, neglect, dependerjcy, or 
 5 
 
6 PREFACE— THIRD EDITION. 
 
 delinquency ? If so, what was the best thing to be done for 
 it? Having arrived at this point, the problem may be 
 said to have worked itself out. The c?reumstanees that 
 would create the above conditions were defined. The child 
 was then made a ward of the Court. A ward of the 
 Court implies a Court with Equity Power and so the 
 Circuit and County courts were selected to have exclusive 
 jurisdiction in all children's cases. Such courts could not 
 permit to have their wards locked in cells or allow their 
 association with vicious or immoral persons or commit them 
 to institutions until after a very thorough and exhaustive 
 research on the part of the court. In every case, the court 
 would determine the disposition of the child with the 
 thought in its mind as to what was the best thing to do 
 with the child under the particular circumstances. 
 
 We have treated only of the origin and purposes of the 
 law. It has not been our intention to give a complete 
 detailed history of the various operations of the Court. 
 This would necessitate a review of all the work performed 
 throughout the state. 
 
 In addition to the origin of the law, we have included 
 a brief account of several days spent in the Juvenile Court, 
 showing the different modes of treating the various cases 
 that come before the Court. The law as revised, as also thp 
 adult delinquent law, together with the Juvenile Court 
 Blanks, will be found in the latter part of the book. 
 
 We have received inquiries from all parts of th^ world 
 asking for information in regard to the Illinois Juvenile 
 Court Law, and we feel that this third edition will meet a 
 want among Juvenile Court workers throughout the 
 country. T. D. H. 
 
ORIGIN 
 OF THE 
 ILLINOIS 
 JUVENILE 
 COURT 
 
TIMOTHY D. HURLEY 
 
ORIGIN OF THE 
 
 ILLINOIS JUVENILE COURT LAW 
 
 By Timothy D. Hurley 
 
 First Chief Probation Officer of tiie Cook County (Ciiicago), Illinois, Juvenile Court 
 
 HOW THE CHILD LAW CAME TO BE ENACTED 
 
 The Juvenile Court Law, it is now conceded, ranks as 
 one of the most beneficent enactments upon the statute 
 books of Illinois. The concession is made not only by 
 charity workers and by persons intimately associated with 
 practical child-saving, but it is also endorsed by the com- 
 munity at large, which watched with interest what was, 
 indeed, an unique experiment, and by members of the legal 
 profession, men with trained minds and impartial judg- 
 ments, whose opinions are grounded upon concrete results 
 and not upon sentiment. 
 
 An approval at once universal and whole-hearted is cer- 
 tainly pleasing to the men and women who conceived the 
 idea of making the child problem a distinct and independ- 
 ent department of law. And this pleasure is enhanced by 
 the fact that this approval has not been delayed, but has 
 been given speedily and within a few years from the time 
 that Illinois showed the other states of the Union how to 
 deal successfully with the most difficult and delicate ques- 
 tion of modern life. 
 
 To understand what has been accomplished under the 
 Juvenile Court Law it will be necessary to glance briefly at 
 the conditions existing before its passage. Until then the 
 law viewed mankind, its varied distinctions as to sex, age, 
 environment and mental equipment notwithstanding, as a 
 single class. Before the bar of a criminal court there was 
 9 
 
10 ORIGIN OF THE JUVENILE COURT LAW. 
 
 no difference, from the viewpoint of the law, between the 
 adult and the infant. It is true that in the administration 
 of the law magistrates, moved by feelings of humanity and 
 oftentimes ignoring declared legal principles, leaned to the 
 side of mercy and sympathy, and shaped their judgments 
 in accordance with charity and common sense, and 
 in defiance of the medieval rigor of courts which were 
 often influenced by the dictates of vengeance for so-called 
 offenses against society, without taking into account the 
 peculiar circumstances and mental condition affecting the 
 accused, who was in truth, in too many instances, alas, more 
 sinned against than sinning. But for such manifestations 
 of humanity the law was not to be thanked. The judge 
 followed the promptings of his heart and not of his head. 
 Too often, because of obsolete absurdities which hampered 
 the law, what kindness dictated was in fact prohibited by 
 the cold, heartless, unrelenting canons of jurisprudence. 
 To reconcile this contradiction, or rather to abolish it, was 
 the task essayed by the projectors of the juvenile law. 
 
 To obtain a closer view of the ludicrous procedure 
 referred to, let us examine it in detail. When charged 
 with a so-called criminal offense — it might be the stealing 
 of an apple which his childish appetite craved, or the 
 picking up of a few lumps of coal to warm shivering 
 brothers and sisters at home — no matter what it was, the 
 child was arraigned at the same bar, under the same law, 
 with circumstances similar, everyone of them, to those 
 which would attend the trial of the most hardened criminal 
 charged with the most heinous offense. 
 
 If a boy was arrested for something which the law books 
 termed a felony and he was over ten years of age, he was 
 taken before the grand jury and indicted. Then he was 
 tried before a petty jury, the theory being (oh, blessed 
 reverence for precedent and Magna Charta!) that the little 
 fellow should not be deprived of his liberty without being 
 first convicted by a jury of his peers. Imagine the solemn 
 
ORIGIN OF THE JUVENILE COURT LAW. 11 
 
 farce of proceedings where the child rarely understood a 
 scintilla of their nature or purpose. 
 
 But he was convicted. The LAW convicted him, and the 
 LAW branded him with a brand as indelible as if it was 
 seared into his forehead with a hot iron. Henceforward, 
 among men, he was a CRIMINAL. No matter where he 
 went, no matter how long he lived, the foul taint of the 
 convict remained with him. The LAW, with all the solem- 
 nity of judge, jury, bailiffs and frenzy-consumed prosecu- 
 tors, proclaimed him a CRIMINAL — that is, an enemy to 
 organized society, and nothing short of a miracle prevented 
 the child from growing up to verify this description in the 
 fullest meaning possible. Conviction for the diminutive 
 prisoner meant ruin — ruin as certain and unerring as if the 
 virus of crime could be injected into his childish blood. 
 For society it meant an additional costly incubus, another 
 enemy to be fought with police and prisons, another zealous 
 missionary in the grand army of the devil. 
 
 And yet men marveled that crime and criminals, lock- 
 ups, jails, reformatories and penitentiaries increased and 
 multiplied. Schools and churches did not grow as fast as 
 the gray, gloomy bastiles, the living hells of lost souls. 
 More judges, more juries, more courts, more jails was 
 ever the cry ; more and more and more ; but still the tide 
 of crime outstripped them, and no wonder, for costly penal 
 institutions were so many hatcheries for criminals. The 
 youthful delinquents of the community were gathered into 
 them, where they were shaped and fashioned after the 
 models of degeneracy and vice. 
 
 Looking over the sad history of punitive laws and puni- 
 tive institutions, it is appalling to discover that the average 
 age of the inmates in these institutions throughout the 
 world at all times has been under twenty-five years. What 
 a commentary upon civilization! Society has to answer 
 for millions upon millions of law-made criminals. 
 Qn the year 1898, there were 575 children charged with 
 
12 ORIGIN OF THE JUVENILE COURT LAW. 
 
 offenses confined in the county jail of Cook county (Chi- 
 cago), Illinois. There were conunitted to the House of Cor- 
 rection (City Prison) of the City of Chicago, Illinois, for the 
 twenty months ending Nov. 1, 1898, 1,983 boys!) This num- 
 ber does not include repeaters or those who were re-com- 
 mitted to the institution from one to a dozen times. The 
 offenses for which these boys were tried were many and 
 various; petty thefts, disorderly conduct, killing birds, 
 fighting, truancy, stealing rides on the railroad, flipping 
 street ears, and similar offenses. Twenty-five per cent were 
 charged with truancy. The technical breach of the law 
 under which these children were committed to the institu- 
 tion was for violation of a city ordinance. A boy was 
 brought before the Police Magistrate and a fine imposed of 
 from one dollar to one hundred dollars. On default of 
 payment of the fine, the prisoner was compelled to work out 
 the same at the rate of fifty cents per day. Conditions 
 were so bad that in March, 1897, the Board of Education 
 established a School District in the institution and named 
 the same the John Worthy School. The boys were com- 
 pelled to attend school during certain hours of the day — 
 the remainder of the time being spent in the main prison 
 institution, locked in cells. 
 
 The Illinois State Reformatory at Pontiac, Illinois, had 
 over three hundred boys under sixteen years of age con- 
 fined in that institution in the year 1898. These boys were 
 indicted and convicted of some crime and committed to the 
 institution until they became of age, unless sooner released. 
 
 The State had long been deficient in legislation for de- 
 linquent children. It was one of the few states of the Union 
 which sent boys of tender years to prison for confinement 
 with adults. Some little care and attention had been given 
 to neglected and dependent children. The law recognized 
 its obligation for the foundlings and had also passed two 
 laws providing for the care, education and maintenance 
 for girls and boys of the Industrial and Manual Training 
 
ORIGIN OF THE JUVENILE COURT LAW. 13 
 
 school age. These statutes were known as the Industrial 
 and Manual Training School laws, passed respectively in 
 1879 and 1883. Ther great mass of the children, however, 
 truant, neglected, dependent or delinquent, was entirely 
 lost sight of by the State. In case the child had property, 
 the courts were always solicitous about the welfare of the 
 child. A guardian was appointed, the care, maintenance 
 and education of the child carefully supervised by the 
 guardian and complete, detailed, comprehensive reports 
 made from time to time to the court appointing such 
 guardian, r '^f^r^ 
 
 Efforts had been made from time to time by various 
 philanthropic persons to remedy these conditions. As 
 early as 1891, a bill was introduced in the legislature by 
 Hon. SToseph A. O'Donnell, by request of the writer as 
 President of the Chicago Visitation and Aid Society, 
 which provided that in the case of any child who had not 
 proper parental care or that was being trained in vice and 
 crime by the person or persons having charge of it, or was 
 destitute and incapable of providing for itself, the court 
 was authorized to commit the custody and care of such 
 child to any society whose object was to provide for such 
 children. This bill was reported out by the committee but 
 failed of adoption. Other bills from time to time were 
 introduced in the Legislature but failed to become law. 
 
 The conditions were little better, if any, in the other 
 States. Some provision had been made for the care and 
 attention of the child after conviction, bat no attention of 
 note had been directed towards preventing the conviction 
 of the child of an offense. 
 
 Efforts were put forth in Massachusetts, as early as 
 1736, to care for the dependent and neglected children 
 Various statutes were passed in several states along this 
 line until 1863, when the State of Massachusetts passed a 
 law separating the child in court charged with an offense 
 from the adult. 
 
U ORIGIN OF THE JUVENILE COURT LAW. 
 
 The beginning of the movement for the enactment of 
 laws relating to delinquent children, under the leadership 
 of that able defender of children, E. Fellow Jenkins, was 
 put forth by the Society for the Prevention of Cruelty to 
 Children in New York City. As early as 1877, this society 
 secured the passage of a law by the New York Legislature, 
 providing that: "Any child under restraint or conviction, 
 actually or apparently under the age of sixteen years, shall 
 not be placed in any prison or place of confinement, or 
 in any court-room, or in any vehicle for transportation, 
 in company with adults charged or convicted of crime, ex- 
 cept in the presence of proper officials." This was the 
 first concise law passed in the United States to separate 
 children from adult offenders. 
 
 In 1884, this same society secured the passage of a State 
 Law in New York, relating to the probation or parole of a 
 child. This law, in part, is as follows: "When a person 
 under the age of sixteen years is convicted of a crime 
 he may, in the discretion of the court, instead of being 
 sentenced to fine or imprisonment, be placed in charge of 
 any suitable person or institution willing to receive him." 
 
 In 1886, the same legislature passed a law authorizing 
 societies to receive and retain any child at its own expense 
 and also permitting the societies to be appointed as guar- 
 dian of children. This law was passed to enable the So- 
 ciety for Prevention of Cruelty to Children to assume jur- 
 isdiction over and legal control of children placed in its 
 charge. 
 
 A new section was added to the penal code in New York 
 in 1892, at the suggestion of the same society, relating to 
 juvenile or children's courts. This law provided: "All 
 cases involving the commitment or trial of children for 
 any violation of the penal code, in any police court or 
 court of special sessions, may be heard and determined 
 by such court, at suitable times to be designated therefor 
 by it, separate and apart from the trial of other criminal 
 
ORIGIN OF THE JUVENILE COURT LAW. 15 
 
 cases, of which session a separate docket and record shall 
 be kept." 
 
 The State Board of Lunacy and Charity of i\Iassachu~ 
 setts, for years previous to 1891, under the law were 
 notified of every criminal action against a child and were 
 empowered to investigate the charge and to be present at 
 the trial and to make such recommendations to the Judge, 
 as might seem best. In the latter year, an act was passed 
 establishing probation officers in Massachusetts. These 
 officers were appointed by each justice, police or district 
 court. Their duties, as defined by the statute, were: 
 ''Each probation officer shall inquire into the nature of 
 every criminal case brought before the court, under whose 
 jurisdiction he acts, and may recommend that any person 
 convicted by said court may be placed upon probation; 
 the court may place the person so convicted in the care 
 of said probation officer, for such time and upon such con- 
 ditions as may seem proper." 
 
 Such were the conditions of the laws throughout the 
 country in the year 1898, when the charitable people of 
 the State of Illinois were aroused. The Board of State 
 Commissioners of Public Charities, having made a com- 
 plete and comprehensive study of the charitable institu- 
 tions, decided to take some positive action in regard to the 
 better care and attention of the children. A complete and 
 intelligent report was made to Governor Tanner by the 
 Board, recommending certain changes in the law. 
 
 Mr. Ephraim Banning, a member of the Board of State 
 
 Commissioners of Public Charities of Illinois, during the 
 
 year 1898, commenting on the work, writes as follows : 
 
 "My Dear Mr. Hurley: In answer to your inquiry in regard 
 to the History of tlie Juvenile Court, as I recollect it, I became 
 interested through the State Board of Charities. In our work 
 as members of the State Board of Charities, Miss Lathrop and 
 myself had to meet the delinquent and defective child question; 
 and this led to frequent consultations in our board meetings. As 
 a result, I was asked to take the matter up with the Chicago Bar 
 Association and I did this by the introduction of a resolution 
 providing for the appointment of a committee to take up the 
 
16 ORIGIN OF THE JUVENILE COJRT LAW. 
 
 work of securing legislation, etc. The sentiment previously 
 existing, the practical v.'ork of this committee was to crystallize 
 it in such way as to secure legislative action. As one of the first 
 steps, I had a personal consultation with Gov. Tanner, in which 
 the subject was gone over very fully and at the close of which 
 he promised to use his influence in favor of our work — in short 
 to make the bill an administrative measure. I also had a sim- 
 ilar Interview with Speaker Sherman and he promised his hearty 
 co-operation. As I recollect, similar interviews were had by 
 other members of the committee, but I only speak of those to 
 which I was a party personally. As you will remember, I was 
 repeatedly at Springfield with yourself and Mr. Hurd u,nd others 
 to present the matter to committees, etc." 
 
 Mr. Banning, in accordance with his instruction, pre- 
 sented the matter to the Chicago Bar Association at its 
 annual meeting, October 22, 1898. George A. FoUansbee, 
 president of the association, was in the chair. George 
 Mills Rogers acted as secretary. IMr. Banning 's resolution, 
 which was adopted, was as follows : 
 
 "WHEREAS, the State of Illinois and the city of Chicago, 
 are lamentably deficient in proper care for delinquent children, 
 accused or convicted of violation of law, lacking many of those 
 reformatory institutions which exist in other progressive states 
 of the union; and 
 
 "WHEREAS, children accused of crime are kept in the com- 
 mon jails and police stations, and children convicted of misde- 
 meanors, are sentenced to the bridewell, where they are kept in 
 immediate association with drunkards, vagabonds and thieves; 
 and 
 
 "WHEREAS, the judges having charge of the trial of chil- 
 dren in our courts are so overburdened with other work as to 
 make it difficult to give due attention to the cases of children, 
 particularly those of the de>pendefit and neglected classes; and 
 
 "WHEREAS, the State of Illinois makes no provision for the 
 care of most of the children dependent upon the public for sup- 
 port, other than the public almshouse — unlike many neighboring 
 states which have long ago passed laws prohibiting the keeping 
 of children in public almshouses: 
 
 "RESOLVED, that the president of this association appoint 
 a committee of five of its members to investigate existing condi- 
 tions relative to delinquent and dependent children, and to co- 
 operate v/ith committees of other organizations in formulating 
 and securing such legislation as m.ay be necessary to cure exist- 
 ing evils and bring the State of Illinois and the City of Chicago 
 up to the standard of the leading states and cities of the union." 
 
 The President appointed the following committee: 
 
 Ephraim Banning, Harvey B. Hurd (deceased), Edwin 
 
 Burritt Smith (deceased), John W. Ela (deceased), and 
 
HON. R. S. TUTHILL 
 
ORIGIN OF THE JUVENILE COURT LAW. 17 
 
 Merritt Starr. This was the first concise action taken by 
 any person or association inagurating the movement which 
 resulted in the enactment of the Juvenile Court law. 
 
 One of the most active and energetic workers for years 
 in the children's cause has been Mrs. Lucy L. Flower. 
 She had as much to do with the drafting of the Juvenile 
 Court Law, the Parental School Law, the St. Charles School 
 for Boys and other laws as any other person in the state. 
 She not only assisted in preparing the bills that were intro- 
 duced in the legislature, but systematically and in a very 
 business-like way kept in close touch with every movement 
 relating to the bills from their inception until they became 
 laws. It was her suggestion that as bills relating to the 
 children's cause were legal measures they should be left 
 solely to lawyers who could explain difficult, technical ques- 
 tions to the members of the Senate and the House. 
 
 Immediately upon the Juvenile Court being organized 
 it was Mrs. Flower who at once proposed the plan of Volun- 
 teer Probation Officers. In addition to the volunteers 
 she, in connection with the writer, collected sufficient 
 funds to pay for the services of probation officers who de- 
 voted their entire time and attention to the court. After 
 consultation with His Honor Judge Tuthill, who had charge 
 of the Juvenile Court, a request was made upon His Honor, 
 Mayor Carter H. Harrison, for the assignment of Police 
 Probation Officers who would be detailed from the various 
 police districts and dress in plain clothes. These police pro- 
 bation officers, some thirty in number, have been one of the 
 most effective agencies of the Court and have at all times 
 been relied upon by the Judge as one of the strongest and 
 most effective influences for good in the court. 
 
 Mrs. Flower, commenting on the history of the Juvenile 
 Court, writes as follows: 
 
 "My Dear Mr. Hurley: Governor Altgeld is entitled in a great 
 measure to the credit for the adoption of the Juvenile Court Law 
 by his appointing a woman, Miss Julia Lathrop, on the State 
 Board of Charities. Up to that time, Visitation of State and Coun- 
 ty Institutions had been largely perfunctory, done almost entirely 
 by the secretary of the Board and limited in the main to the State 
 Institutions. Miss Lathrop determined to visit and see for herself 
 and in the course of the work she went to every jail and poor 
 house in the State, even in the most out-of-the-way localities. She 
 was shocked at the conditions she found, young children shut 
 
18 ORIGIN OF THE JUVENILE COURT LAW. 
 
 up with the most depraved adults and being trained in crime 
 instead of being kept away from it. She determined not to rest 
 until some remedy for these conditions was found. 
 
 "Previous to this, a bill had been drafted for the benefit of 
 Chicago children, including in its provisions a probation system 
 and the trial of all children's cases in the city by a Superior Court 
 judge and not by a police justice. This bill was submitted to 
 Mr. S. S. Gregory, and the latter provision was pronounced uncon- 
 stitutional. Miss Lathrop went to Judge Hurd to ask his advice, 
 but he was disinclined to take up the matter, saying it would 
 take too much time to study and that he was too busy. That 
 he finally agreed to do it was, I think, entirely owing to the 
 influence of Miss Lathrop and the interest she aroused in him 
 by her statements of what she herself had seen in the jails 
 throughout the state. 
 
 "At that time Miss Lathrop said to me: 'This is a legal 
 matter. It must not go to the Legislature as a woman's measure; 
 we must get the Bar Association to handle it.' Through Mr. Ban- 
 ning, who was her associate on the Board and much interested, 
 the matter was brought before the Bar Association and a com- 
 mittee was appointed, but, before this was done the committee was 
 selected with the advice of Judge Hurd and Mr. Banning. Miss 
 Lathrop saw every one mentioned and secured promises of accept- 
 ance. It was the understanding that Judge Hurd would draft 
 the bill. 
 
 "During all the time that the form of the bill was under con- 
 sideration and while it was before the Legislature, Miss Lathrop 
 was unintermitting. Hundreds of letters were written and visits 
 made, to bring the influence of County oflBcials in the State and 
 of friends she had made in her visits to the counties to bear on 
 the members of the Legislature." 
 
 Shortly after the appointment of this committee by the 
 Bar Association a meeting was called by Mr, Banning, 
 chairman of the committee, in his law office, and Judge 
 Harvey B. Hurd was unaniomusly appointed as a sub- 
 committee of one to prepare a bill covering the entire sub- 
 ject which was to be presented to the Legislature, in the 
 January following. Judge Hurd immediately called upon 
 the writer in the office of the Visitation and Aid Society, 
 and stated to him that he had been delegated to prepare 
 certain laws relating to children's work; that he (Judge 
 Hurd), had had too much experience in legislative proced- 
 ure to undertake this work alone, and, inasmuch as the 
 Visitation and Aid Society had been trying to procure 
 legislation along this line, that he would like very much 
 
ORIGIN OP THE JUVENILE COURT LAW. 19 
 
 if the Society, representing the great Catholic interest, 
 would join with him in the work. 
 
 He referred particularly to the bill that was introduced 
 in the Legislature at the request of the Society in 1891. 
 In outlining his work he stated that there was plenty of 
 work for all societies, nationalities and creeds; that there 
 was no reason why all should not co-operate and prepare a 
 bill that would meet with the endorsement of all persons, 
 societies, institutions and churches. If such a bill could be 
 prepared, and he saw no reason why it could not, there 
 was no question, on account of the public demand for 
 such, that the Legislature would pass the bill. The officers 
 of the Visitation and Aid Society pledged their hearty 
 support as a society and as individual members thereof, 
 both morally and financially, to co-operate with Judge 
 Hurd in all his efforts. 
 
 It is a pleasure to the writer to remember that Judge 
 Hurd, the "Father of the Juvenile Court Law," now 
 passed to his heavenly reward, relied upon him at all times 
 as his principal supporter, not only in the original draft 
 of the Juvenile Court Bill, but in the subsequent amend- 
 ments made thereto. At the suggestion of Judge Hurd the 
 charge in the Legislature of the original Juvenile Court 
 Bill was assigned to the writer. The same policy was fol- 
 lowed in all subsequent children's legislation. The Visita- 
 tion and Aid Society has been recognized for years as a 
 potential factor in the interest of child legislation in Illi- 
 nois. 
 
 The members of the State Board of Charities were not 
 satsified with leaving the matter to the Bar Association, but 
 continued their good work and interested various individ- 
 uals, societies and associations engaged in children's work. 
 
 The State Conference of Charities was appealed to and 
 at its session held in Kankankee, Illinois, Nov. 16 and 17, 
 1898, the program was devoted especially to the children's 
 cause. Dr. Frederick Howard Windes, Secretary of the 
 
20 ORIGIN OF THE JUVENILE COURT LAW. 
 
 State Board of Charities, addressing the conference, said: 
 "We are making criminals out of children who are not 
 criminals, by treating them as if they were criminals." 
 He pleaded for a system of jurisprudence, which would 
 entirely separate the children from adults. He insisted 
 on a children's judge, who should attend to no other busi- 
 ness, a separate place of detention for the children other 
 than a prison. He cited the New York Society for the Pre- 
 vention of Cruelty to Children, showing that the children 
 were turned over to this society for care and protection. 
 He further pleaded and insisted that the child in each case 
 should have a friend in court to look after its interests. 
 The probation system of Massachusetts was also cited. 
 
 Mr. Robert M. Smith, Superintendent of the John 
 Worthy School of the House of Correction (City Prison), 
 Chicago, addressed the conference on the boys in city 
 prisons. He showed that the boys committed to the House 
 of Correction were compelled to attend the .John Worthy 
 School and while separated from the adults during the 
 day were returned to the prison cells at night. He objected 
 strenuously to the fine system and pleaded for a Juvenile 
 Court where all children's cases could be heard. 
 
 Mr. Carl Kelsey, of the Children's Home and Aid So- 
 ciety, gave an extended and interesting address on the pro- 
 bation system of Massachusetts. Mrs. Lucy Flower, Miss 
 Julia Lathrop, Mr. Hastings H. Hart, Mr. Bicknell and 
 others addressed the conference in the same strain. 
 
 A comanittee was appointed to co-operate with other 
 societies and institutions, having in view the draft of a bill 
 which would be presented to the Legislature at the follow- 
 ing session in January, 1899. 
 
 Reports and papers dealing with the child problem being 
 circulated promiscuously by the conference aroused the 
 attention of the charity workers of Illinois. While the 
 Bar Association, the State Conference of Charities and 
 
ORIGIN OF THE JUVENILE COURT LAW. 21 
 
 other societies were agitating the qiiestions, private individ- 
 uals were at work. Principally, Mr. Frank 0. Soule, en- 
 gaged in the Life Insurance business, who became interest- 
 ed in the work after hearing a sermon delivered at one 
 of the North Side churches in which the pastor said : * ' The 
 Christian people of Chicago are too busy making money 
 to care what becomes of the unfortunate children." With 
 this thought in mind, he visited the John "Worthy School 
 in the House of Correction of Chicago, accompanied by his 
 wife, and interviewed a number of the boys who were con- 
 fined in the institution on small fines, the ages of the boys 
 ranging from eleven to sixteen years of age. On his appeal 
 to Mayor Harrison, several of these boys were pardoned. 
 In stating his experience to the writer, Mr. Soule said : 
 
 "I was filled with a desire to find a better plan of correction 
 to offer and then if possible to start a campaign against the 
 criminal treatment of these unfortunate children which would 
 effect a prompt and radical change. I soon saw that this could 
 be done only by new legislation. 
 
 "Ignorant of the repeated efforts, which had already been put 
 forth along this line I began, at the City Library, a nightly study 
 of the child-laws of other states. I secured from several states 
 copies of those laws in which I found suggestions of value to 
 our own state. I was attracted by the 'Probation Officer' idea, 
 as used in a limited manner in Massachusetts, and by the idea 
 of a separate hearing in juvenile cases in New York. 
 
 "I met Judge Harvey B. Hurd upon the street one afternoon. 
 Introducing myself I told him of my anxiety to assist in stopping 
 the city's disgraceful treatment of the boys at the House of 
 Correction. He immediately invited me up to his office, where 
 I learned from him a history of the various efforts which had 
 been made in the interest of the children. He told of the com- 
 mittee appointed by the Bar Association, of which he was chair- 
 man and which had met but once and had done nothing further 
 than to discuss the subject in a general way. I learned that 
 the Civic Federation was beginning to inquire into existing 
 conditions and that the Women's Clubs had long been calling 
 for reforms. He told me of the bill introduced in the Legisla- 
 ture by the officers of the Visitation and Aid Society, in 1891, 
 for the authorization and regulation of child-saving societies, 
 and of your years of activity in behalf of the children as Presi- 
 dent of the Visitation and Aid Society. He spoke of Dr. Hart, 
 Superintendent of the Illinois Children's Home and Aid Society, 
 and of his long experience as Superintendent of the Minnesota 
 State Board of Corrections and Charities and as General Secre- 
 tary of the National Conference of Charities and Corrections. 
 
22 ORIGIN OF THE JUVENILE COURT LAW. 
 
 He considered the advice and co-operation of you two gentlemen 
 absolutely necessary to the success of the proposed bill. It was 
 decided to invite you and a few others to a conference upon 
 the subject." 
 
 The meeting referred to by Mr. Soule was held in 
 Judge Kurd's office, No. 94 Washington street, Chicago, 
 December 10, 1898. There were present-, Hon, Harvey B. 
 Hurd, Mrs. Lucy L. Flower, Miss Julia C. Lathrop of the 
 State Board of Charities, President T. D. Hurley of the 
 Visitation and Aid Society, Hastings H. Hart, LL. D., 
 Superintendent of the Illinois Children's Home and Aid 
 Society, State Representative John C. Newcomer, who had 
 been selected to introduce the bill in the House when com- 
 pleted; Superintendent A. G. Lane of the Public Schools, 
 County Jailor John L. Whitman, Mr. Carl Kelsey from 
 Dr. Hart's office and Frank G. Soule. The meeting was 
 called to order by Mr. Hurley, who nominated Judge Hurd 
 as chairman. Following his election Dr. Hart was elected 
 secretary. 
 
 From the suggestions offered and the data supplied him 
 and from his own ripe experience, Secretary Hart was 
 enabled in a few days to furnish Judge Hurd with his 
 first draft of a bill. It contained ten sections and was 
 found to embody quite fully the proposed provisions. 
 However, it was returned to Dr. Hart with a number of 
 additional suggestions and was re-written by him under 
 fourteen sections. Then, after three weeks of the most 
 critical attention by Judge Hurd and his assistant to every 
 word and sentence the bill contained, after repeated con- 
 ferences with Mr. Hurley, representing the Catholic church 
 and societies; with Dr. Hart, representing the Non-Catho- 
 lic societies; with Representative Newcomer and with the 
 officials of public and private institutions interested, the 
 bill was finally completed, with an addition of seven more 
 sections, making a total of twenty-one. It was then decided 
 to announce it as the Bar Association Bill and the com- 
 mittee from that body very willingly endorsed it. 
 
ORIGIN OF THE JUVENILE COURT LAW. 23 
 
 A copy was then taken to County Judge Orrin N. 
 Carter for his opinion upon its various provisions. He 
 returned it with his hearty endorsement and congratula- 
 tions. About this time, January 14, 1899, the judges of 
 the various courts were entertained at luncheon by Mrs. 
 Lucy L. Flower and her associates of the Every Day club. 
 During the conference which followed, the jurists strongly 
 protested against the then existing conditions at the Bride- 
 well and urged the establishment of suitable homes where 
 the "youthful offenders would not be educated to follow in 
 the paths of their degenerate companions." That same 
 afternoon the new bill was given to the press and a copy 
 forwarded to Representative Newcomer at Springfield for 
 presentation to the Legislature and to Senator Case for 
 introduction in the Senate. 
 
 Anxious days followed its introduction and a valiant 
 fight was made in its behalf at Springfield by Judges Hurd 
 and Carter, Representative Newcomer, Mr. Ephraim Ban- 
 ning and the writer. Little fear was entertained for the 
 defeat of the bill when the justice of the measure and the 
 sincerity of its champions were remembered. This is a 
 hurried review of the events leading up to the enactment 
 of the Juvenile Court Law of Illinois, which the late Judge 
 Tuley pronounced "the greatest law ever enacted by the 
 State of Illinois, effecting more good in one year than the 
 Criminal Court by punishment could effect in twenty 
 years. ' ' 
 
 In the preparation of the bill, great care was given to 
 eliminate in every way the idea of a criminal procedure. 
 The law was expressly framed to avoid treating a child as 
 a criminal. To this end the proceedings were divested of 
 all the features which attached to a criminal proceeding. 
 Instead of a complaint or indictment, a petition was sug- 
 gested; instead of a warrant, a summons. The child was 
 not to be arrested but brought in by the parent or guar- 
 dian, or by a probation officer. The bill expressly forbade 
 
24 ORIGIN OF THE JUVENILE COURT LAW. 
 
 keeping a child in any jail or enclosure where adults were' 
 confined. When the child was brought into court, the in- 
 quiry was with reference to the condition of the child. Is 
 there a condition of dependency, or a condition of delin- 
 quency or truancy? Instead of a prosecutor, there was to 
 be a probation officer, who was there not to convict the 
 child but to represent its interests. Instead of a jury of 
 twelve men, a jury of six men, or no jury at all. 
 
 The child was not to be convicted, but was to be found 
 dependent or found delinquent or truant, or discharged. 
 The child was not to be sentenced to a reformatory or 
 prison, but committed to the care of a probation officer or 
 to the care of a friendly institution. All the proceedings 
 were to be informal. The strict rules of evidence were not 
 to be adhered to; the effort being, first to find out what 
 was the best thing to be done for the child, and second, if 
 possible, to do it. It will be seen at once that this proced- 
 ure contemplated a complete change; instead of punish- 
 ment and reformation, it was formation. The procedure 
 contemplated care, attention and formation, rather than 
 reformation. In short, the Chancery practice was supple- 
 mented for that of the criminal. 
 
 The Bill was finally presented in the House of Represen- 
 tatives at Springfield, 111., on February 7, by Representa- 
 tive John C. Newcomer, and known as House Bill No. 327. 
 The same Bill was also introduced in the Senate by Senator 
 Case, on February 15, and known as Senate Bill No. 269. 
 Both bills were referred to the committees on Judiciary, 
 Senate and House. 
 
 Through the courtesy of Representative Newcomer, the 
 writer arranged for a joint meeting of the judiciary com- 
 mittees of the Senate and House, which was held in the 
 Judiciary Room of the House at Springfield on March 9, 
 1899, Representative Charles Allen of Hoopeston, 111., 
 being in the chair. Both Senate and House bill were con- 
 sidered by the joint committee and discussed by Judges 
 
ORIGIN OF THE JUVENILE COURT LAW. 25 
 
 Harvey B. Hurd, Orrin N. Carter, Ephraim Banning, Hon. 
 Thos. C. MacMillan and the writer. 
 
 Mr. Banning, representaing the State Board of Charities, 
 pleaded for a formal and more careful investigation and 
 care of the children of the State. Judge Hurd spoke on 
 the constitutionality of the bill and stood sponsor for the 
 same. 
 
 Judge Carter, who was then County Judge of Cook 
 County, related in detail his experience in the County 
 Court in reference to the care of the dependent cases, and 
 informed the committee that under the law he was not able, 
 because of statutory provisions, to care for one-half of the 
 children that came under his jurisdiction ; the law at that 
 time being solely in the interests of the Industrial and 
 Manual Training School for Children. No provision was 
 made. Judge Carter pointed out, for the great mass of de- 
 pendent children, no attention whatever being given from a 
 parental standpoint to the delinquent cases. 
 
 The writer, representing the charity societies, informed 
 the committee that he had under his care and disposition 
 during his work with the Visitation and Aid Society, at 
 least twenty thousand children. No supervision was re- 
 quired of his society nor did he have to account to the State 
 authorities or any agency for the disposition of these chil- 
 dren. The committee was told that practically all of these 
 children were neglected and could be taken down to the 
 lake and the person having them in charge could come back 
 alone without any questions being asked of him, were it 
 not for the fact that in drowning the children a crime 
 would be committed. The state stood idly by, he said, 
 giving no thought or attention to the care, maintenance, 
 training and education of the child. Only when the child 
 committed some offense, did the state take cognizance of 
 his existence, and then proceed to make a criminal of him 
 by placing him in jails and penitentiaries. 
 
 The Chairman of the Committee thereupon announced 
 
26 ORIGIN OF THE JUVENILE COURT LAW. 
 
 that the Legislature would see, being satisfied with the con- 
 stitutionality of the act, that all societies and institutions 
 hereafter would report to some responsible body as to 
 their disposition of children. 
 
 The Bill was amended in some minor particulars and 
 unanimously reported out of the committee with a recom- 
 mendation that it do pass, 
 
 TEXT OF THE FIRST JUVENILE COURT BILL 
 
 The Bill and the Amendments are as follows: 
 41st Asem. SENATE— No. 269, Feb., 1899. 
 
 1. Introduced by Mr. Case, Feb. 15, 1899. 
 
 2. Read first time, ordered printed and referred to 
 Committee on Judiciary. 
 
 A BILL 
 
 For an act to regulate the treatment and control of de- 
 pendent, neglected and delinquent children. 
 Be it enacted by the People of the State of Illinois rep- 
 resented in the General Assembly: 
 
 Section 1. (Definitions.) This act shall apply only to 
 children under the age of sixteen years not inmates of a 
 State institution, or some institution incorporated under 
 the laws of this state. For the purposes of this act the 
 words dependent child and neglected child shall mean any 
 child who for any reason is destitute or homeless or aban- 
 doned; or dependent upon the public for support; or who 
 habitually begs or receives alms; or who is found living 
 in any house of ill fame or with any vicious or disreputable 
 person; or whose home, by reason or neglect, cruelty or 
 depravity on the part of its parents, guardian or other 
 person in whose care it may be, is an unfit place for such 
 a child; and any child under the age of eight years, who 
 is found peddling or selling any article or singing or play- 
 
ORIGIN OF THE JUVENILE COURT LAW. 27 
 
 ing any musical instrument upon the street or giving any- 
 public entertainment. 
 
 The words delinquent child include any child under the 
 age of sixteen years who violates any law of this State or 
 any city or village ordinance.* 
 
 The word child or children may mean one or more chil- 
 dren and the word parent or parents may be held to mean 
 one or both parents when consistent with the intent of this 
 act. 
 
 The word association shall include any corporation 
 which includes in its purposes the care or disposition of 
 children coming within the meaning of this act. 
 
 Amend Section 1 by inserting after the word "not" in 
 the second line, the following: "now or Jiereafter." 
 
 Also by inserting in the third line after the words "State 
 institution" the words "or any training school for boys or 
 industrial for girls." 
 
 Amendment proposed by Mr. 0. L. Dudley, Superin- 
 tendent of Illinois Manual Training School Farm (Glen- 
 wood). 
 
 Also by inserting in line 4 after the word "State" the 
 following: "Except as provided in Sections thirteen (13) 
 and nineteen (19)." 
 
 Amendment proposed by Judge Hurd, 
 
 Also by inserting in line 7 after the word "support" 
 the words "or has not proper parental care or guardian- 
 ship." 
 
 Amendment proposed by Timothy D. Hurley. 
 
 Sec. 2. (Jurisdiction.) The circuit and county courts 
 of the several counties in this State, shall have original 
 jurisdiction in all eases coming within the terms of this 
 act. Proceedings under this act shall conform as nearly 
 as may be to the practice in chancery : PROVIDED, that 
 in cases where a criminal offense is charged, the accused 
 
 •This definition of Delinquency has been amplified, and at present 
 Includes any incorrigible child. 
 
28 ORIGIN OF THE JUVENILE COURT LAW. 
 
 shall have the right to a trial by jury. When a case is 
 being heard, all persons not officers of the court or wit- 
 nesses, and those having a direct interest in the case being 
 heard, shall be excluded from the court room. 
 
 Amend Section 2 hy strikmg out all of the Section after 
 the word "act" where it first occurs in line 4 and insert- 
 ing the following: "In all trials under this act any person 
 interested therein may demand a jury of six or the judge 
 of his own motion may order a jury of the same number to 
 try the case." 
 
 Amendment proposed by Judge Hurd and Timothy D. 
 Hurley. 
 
 Sec. 3. (Juvenile Court.) In counties having over 
 500,000 population, the judges of the circuit court shall, 
 at such times as they shall determine, designate one or 
 more of their number, whose duty it shall be to hear all 
 cases coming under this act. A special court room to be 
 designated as the juvenile court room, shall be provided 
 for the hearing of such cases, and the findings of the court 
 shall be entered in a book or books, to be kept for that 
 purpose, and known as the "Juvenile Record," and the 
 court may for convenience be called the ' ' Juvenile Court, * ' 
 
 Sec, 4. (Petition to the Court.) Any reputable person 
 being a resident in the county, having knowledge of a child 
 in his county, who appears to be either neglected, depen- 
 dent or delinquent, may file with the clerk of a court hav- 
 ing jurisdiction in the matter, a petition in writing, setting 
 forth the facts, verified by affidavit. It shall be sufficient 
 that the affidavit is upon information and belief. 
 
 Sec. 5. (Summons.) Upon the filing of the petition a 
 summons shall issue requiring the person having custody 
 or control of the child or with whom the child may be, to 
 appear with the child at a place and time stated in the 
 summons, which time shall be not less than twenty-four 
 hours after service. The parents of the child if living and 
 their residence if known or its legal guardian, if one there 
 
ORIGIN OF THE JUVENILE COURT LAW. 29 
 
 be, or if their is neither parent or guardian or if his or 
 her residence is not known, then some relative if there 
 be one and his residence is known, shall be notified of the 
 proceedings and in any case the judge may appoint some 
 suitable person to act in behalf of the child. If the person 
 summoned as herein provided shall fail without reasonable 
 cause to appear and abide the order of the court or to 
 bring the child he may be proceeded against as in case of 
 contempt of court. In case the summons can not be served 
 or the party served fails to obey the same and in any case 
 when it shall be made to appear to the court that such 
 summons will be ineffectual a warrant may issue on the 
 order of the court, either against the parent or guardian 
 or the person having custody of the child or with whom the 
 child may be or against the child itself. On the return of 
 the summons or other process or as soon thereafter as 
 may be the court shall proceed to hear and dispose of the 
 case in a summary manner. 
 
 Amend Section 5 hy adding thereto the following: 
 "Pending the final disposition of any case, the child may 
 he retained in the possession of the person having the 
 charge of same, or may be kept in some suitable place pro- 
 vided by the city or county authorities." 
 
 Amendment proposed by Timothy D. Hurley. 
 
 Sec. 6. (Probation Officers.) The court shall have 
 authority to appoint or designate one or more discreet per- 
 sons of good character to serve as probation officers, dur- 
 ing the pleasure of the court; said probation officers to 
 receive no compensation from the public treasury. In case 
 a probation officer shall be appointed by any court, it shall 
 be the duty of the clerk of the court, if practicable, to 
 notify the said probation officer in advance, when any 
 child is to be brought before the said court; it shall be 
 the duty of the said probation officer to make such inves- 
 tigation as may be required by the court ; to be present in 
 court in order to represent the interests of the child when 
 
30 ORIGIN OF THE JUVENILE COURT LAW. 
 
 the case is heard; to furnish to the court such informa- 
 tion and assistance as the judge may require; and to take 
 such charge of any child before and after trial as may be 
 directed by the court. 
 
 Sec. 7. (Dependent and Neglected Children.) When 
 any child under the age of fourteen (14) years shall be 
 found to be dependent or neglected within the meaning 
 of this act, the court may make an order committing the 
 child to the care of some suitable State institution or to 
 the care of some reputable citizen of good moral character, 
 or to the care of some training school or an industrial 
 school, as provided by law, or to the care of some associa- 
 tion willing to receive it, embracing in its objects the pur- 
 pose of caring or obtaining homes for dependent or neg- 
 lected children, which association shall have been accred- 
 ited as hereinafter provided. 
 
 Amend Section 7 hy striking out '^fourteen (14)" in 
 line 2 and inserting the word ''sixteen (16)." 
 
 Amendment proposed by Hon. Orrin N. Carter, County 
 Judge of Cook County, Illinois. 
 
 Sec. 8. (Children Not to be Kept in Poor Houses.) It 
 shall be unlawful to retain any child of sound mind and 
 body, between the ages of two (2) and fourteen (14) 
 years, in any poor house, and it shall be the duty of the 
 superintendent of any poor house, or any member of the 
 county board, who shall have knowledge of the presence 
 of any such child in any poor house, to make petition to 
 the circuit or county court, in the manner provided in 
 Section 5 of this act. And the court shall have like power 
 as in other cases of dependent children. When any child 
 dependent upon a county for support is committed by the 
 court to the care of an association, to be placed in a family 
 home, the court may award a reasonable compensation for 
 such services, to be paid by the county, including neces- 
 sary expenses, provided that the compensation so allowed 
 shall not exceed the sum of fifty (50) dollars in the case 
 
ORIGIN OF THE JUVENILE COURT LAW. 31 
 
 of any one child. If it shall prove impracticable to place 
 or keep such child in a family home on account of incor- 
 rigibility, or any mental or physical defect, the child may 
 be returned to the county authorities. In such case the 
 court may require the association to refund to the county 
 treasury such portion of the money pa^.d by the county 
 for the care of such child as may in the opinion of the 
 court be equitable. 
 
 Amend by striking out all of Section 8 and renumbering 
 the Sections following and changing the references to any 
 of said sections to correspond. 
 
 This amendment was proposed by Mr. John J. Lane, rep- 
 resentative of the Chicago Inter Ocean, then assigned to 
 duty on that paper at Springfield. 
 
 Sec. 9. (Guardianship.) In any case where the court 
 shall award a child to the care of any association or indi- 
 vidual in accordance with the provisions of this act, the 
 child shall, unless otherwise ordered, become a ward, and 
 be subject to the guardianship of the association or indi- 
 vidual to whose care it is committed. Such association or 
 individual shall have authority to place such child in a 
 family home, with or without indenture, and may be made 
 party to any proceeding for the legal adoption of the child, 
 and may by its or his attorney or agent appear in any court 
 where such proceedings are pending and assent to such 
 adoption. And such assent shall be sufficient to authorize 
 the court to enter the proper order or decree of adoption. 
 
 Amend Section 9, by adding thereto, the following: 
 "Such guardianship shall not include the guardianship of 
 any estate of the child." 
 
 This amendment was proposed by Judge Hurd. 
 
 Sec. 10. (Disposition of Delinquent Children.) In the 
 case of a delinquent child, the court may continue the 
 hearing from time to time and may commit the child to the 
 care and guardianship of a probation officer duly appointed 
 by the court, and may allow said child to remain in its own 
 
32 ORIGIN OF THE JUVENILE COURT LAW. 
 
 home, subject to the visitation of the probation officer; 
 such child to report to the probation officer as often as 
 may be required, and subject to be returned to the court 
 for further proceedings, whenever such action may appear 
 to be necessary; or the court may commit the child to 
 the care and guardianship of the probation officer to be 
 placed in a suitable family home, subject to the friendly 
 supervision of such probation officer; or it may authorize 
 the said probation officer to board out the said child in 
 some suitable family home, in case provision is made by 
 voluntary contribution or otherwise for the payment of the 
 board of such child until a suitable provision may be made 
 for the child in a home without such payment. The county 
 board of any county or the city council of any city may 
 appropriate money for such purpose provided that the rate 
 to be paid out of any public money shall not exceed $2.00 
 per week. Or if the child is found guilty of any criminal 
 offense and the judge is of the opinion that the best inter- 
 est requires it, the court may commit the child to any 
 institution within said county incorporated under the laws 
 of this State for the care of delinquent children, or pro- 
 vided by a city for the care of such offenders, or may com- 
 mit the child if a boy over the age of ten years to the State 
 reformatory, or if a girl over the age of ten years to the 
 State Home for Juvenile Female Offenders. A child com- 
 mitted to such an institution shall be subject to the control 
 of the Board of Managers thereof, and said board shall 
 have power to parole such child on such conditions as it 
 may prescribe, and the court shall, on the recommendation 
 of the board, have power to discharge such child from 
 custody, whenever in the judgment of the court, his or her 
 reformation shall be complete; or the court may commit 
 the child to the care and custody of some association that 
 will receive it, embracing in its objects the care of neg- 
 lected and dependent children, and that has been duly 
 accredited as hereinafter provided. The order of com- 
 
HON. ORRIN N. CARTER 
 
ORIGIN OF THE JUVENILE COURT LAW. 33 
 
 mitment may include such allowance to the said institu- 
 tion or association for the actual expense and care for 
 said child as the judge may deem proper, not exceeding 
 the sum of two dollars and fifty cents ($2.50) per week, 
 such expense to be paid from the county treasury: PRO- 
 VIDED, that no such payment shall continue for more 
 than twelve (12) months without a new order of the 
 court; AND PROVIDED, such payment shall cease when 
 the said child shall reach the age of fourteen (14) years, 
 unless a special order shall be made for continued payment. 
 
 Amend Section 10, hy striking out all after the words, 
 ''without such payment" in the 18th line of said section, 
 down to and including the words, "$2.00 per week" in line 
 22, and insertitig "or the court may commit the child if a 
 hoy to a training school for hoys, or if a girl to an indus- 
 trial school for girls." 
 
 Also striking out all of said section after the word "pro- 
 vided" in line 41. 
 
 These two amendments were proposed by Mr. John J. 
 Lane of the Inter Ocean staff and Mr. Dudley of the Glen- 
 wood School and Mrs. M. R. M. Wallace of the Illinois In- 
 dustrial School for Girls located at Evanston, Illinois. 
 
 Sec. 11. (Transfer from Justices and Police Magis- 
 trates. ) When, in any county where a court is held as pro- 
 vided in section three of this act, a child under the age of 
 sixteen years is arrested with or without warrant, such 
 child may, instead of being taken before a justice of the 
 peace or police magistrate, be taken directly before such 
 court, or if the child is taken before a justice of the peace 
 or police magistrate, it shall be the duty of such justice of 
 the peace or police magistrate to transfer the care to such 
 court, and the officer having the child in charge to take 
 such child before that court, and in any such case, the 
 court may proceed to hear and dispose of the ease in the 
 same manner as if the child had been brought before 
 the court upon petition as herein provided. In any case 
 
34 ORIGIN OF THE JUVENILE COURT LAW. 
 
 the court may proceed without notice, or it may cause 
 such notice to be given, and investigation to be made as 
 it may think for the interest of the child, and may adjourn 
 the hearing for that purpose. 
 
 Amend Section 11, by striking out all of the last five 
 lines of said section and i7iserting the following: "Shall 
 require notice to he given and investigation to he made as 
 in other cases under this act and may adjourn the hearing 
 from time to time for the purpose. 
 
 This amendment was proposed by Timothy D. Hurley. 
 
 Sec. 12. (Children Under Twelve Years Not to Be 
 Committed to Jail.) No court or magistrate shall commit 
 a child under twelve (12) years of age to a jail or police 
 station, but if such child is unable to give bail, it may be 
 committed to the care of the sheriff, police officer or proba- 
 tion officer, who shall keep such child in gome place outside 
 of the inclosure of any jail or police station ; and the court 
 may award such compensation for the care of such child as 
 it deems suitable, not exceeding fifty (50) cents per day. 
 When any child shall be sentenced to confinement in any in- 
 stitution to which adult convicts are sentenced, it shall be 
 unlawful to confine such child in the same building with 
 such adult convicts, or to confine such child in the same 
 yard or enclosure with such adult convicts, or to bring such 
 child into any yard or building in which such convicts may 
 be present. 
 
 Amend Section 12, hy striking out all of said section 
 after the words ''in some" in line 6, down to and including 
 the words "per day," in line 9 of said section, and insert 
 in lieu thereof, "suitable place provided hy the city or 
 county outside of the inclosure of any jail or police sta- 
 tion." 
 
 Amendment proposed by Mr. Lane, Mr. Dudley and Mrs. 
 Wallace. 
 
 Sec. 13. (Agents of Juvenile Reformatories.) It shall 
 
ORIGIN OP THE JUVENILE COURT LAW. 36 
 
 be the duty of the board of managers of the State Reforma- 
 tory at Pontiac and the board of managers of the State 
 Home for Juvenile Female Offenders at Geneva, and the 
 board of managers of any other institution to which juve- 
 nile delinquents may be committed by the courts, to main- 
 tain an agent of such institution, whose duty it shall be to 
 examine the homes of children paroled from such institu- 
 tion, for the purpose of ascertaining and reporting to said 
 court whether they are suitable homes; to assist children 
 paroled or discharged from such institution in finding suit- 
 able employment, and to maintain a friendly supervision 
 over paroled inmates during the continuance of their 
 parole ; such agents shall hold office subject to the pleasure 
 of the Board, making the appointment, and shall receive such 
 compensation as such Board may determine out of any 
 funds appropriated for such institution applicable thereto. 
 
 Amend Section 13 hy striking out the words ''board of 
 managers" where they first occur in line two (2) and insert 
 the word ''superintendent." 
 
 Amendment proposed by Judge Hurd. 
 
 Sec. 14. (Supervision by State Commissioners of Pub- 
 lic Charities.) All associations receiving children under 
 this act shall be subject to the same visitation, inspection 
 and supervision of the board of State commissioners of pub- 
 lic charities as the public charitable institutions of this 
 State. The judges of the courts hereinafter mentioned may 
 require such information and statistics from associations 
 desiring to have children committed to their care under the 
 provisions of this act as said judges deem necessary, in 
 order to enable them to exercise a wise discretion in dealing 
 with children. Every such association shall file with the 
 board of State commissioners of public charities an annual 
 printed or written report, which shall include a statement 
 of the number of children cared for during the year, the 
 number received, the number placed in homes, the number 
 died, the number returned to friends ; also a financial state- 
 
36 ORIGIN OP THE JUVENILE COURT LAW. 
 
 ment showing the receipts and disbursements of the asso- 
 ciations. The statement of receipts shall indicate the 
 amount received from other sources, specifying the several 
 sources. The statement of disbursements shall show the 
 amount expended for salaries and other expenses, specify- 
 ing the same, the amount expended for lands, buildings and 
 investments. The secretary of the board of public charities 
 shall furnish to the judge of each of the county courts a 
 list of associations filing such annual reports, and no child 
 shall be committed to the care of any association which 
 shall not have filed a report for the fiscal year last pre- 
 ceding with the State board of conunissioners of public 
 charities. 
 
 Sec. 15. (Incorporation of Associations.) No associa- 
 tion whose objects may embrace the caring for dependent, 
 neglected or delinquent children shall hereafter be incor- 
 porated unless the proposed articles of incorporation shall 
 first have been submitted to the examination of the board 
 of State commissioners of public charities, and the Secre- 
 tary of State shall not issue a certificate of incorporation 
 unless there shall first be filed in his office the certificate of 
 said board of State commissioners of public charities that 
 said board has examined the said articles of incorporation 
 and that, in its judgment, the incorporators are reputable 
 and responsible persons, the proposed work is needed, and 
 the incorporation of such association is desirable and for 
 the public good; amendments proposed to the articles of 
 incorporation or association having as an object the care 
 and disposal of dependent, neglected or delinquent children 
 shall be submitted in like manner to the board of State com- 
 missioners of public charities, and the Secretary of State 
 shall not record such amendment or issue his certificate 
 therefor unless there shall first be filed in his office the cer- 
 tificate of said board of State commissioners of public char- 
 ities that they have examined the said amendment, that the 
 association in question is, in their judgment, performing in 
 
ORIGIN OF THE JUVENILE COURT LAW. 37 
 
 good faith the work undertaken by it, and that the said 
 amendment is, in their judgment, a proper one and for the 
 public good. 
 
 Sec. 16. (Surrender of Dependent Children — Adoption.) 
 It shall be lawful for the parents, parent, guardian 
 or other person having the right to dispose of a dependent 
 or neglected child to enter into an agreement with any asso- 
 ciation or institution incorporated under any public or pri- 
 vate law of this state for the purpose of aiding, caring for 
 or placing in homes such children, and being approved as 
 herein provided, for the surrender of such child to such 
 association or institution, to be taken and cared for by such 
 association or institution or put into a family home. Such 
 agreement may contain any and all proper stipulations to 
 that end and may authorize the association or institution, 
 by its attorney or agent, to appear in any proceeding for 
 the legal adoption of such child, and consent to its adop- 
 tion, and the order of the court made upon such consent 
 shall be binding upon the child and its parents or guardian 
 or other person the same as if such parents or guardian or 
 other person were personally in court and consenting there- 
 to, whether made party to the proceeding or not. 
 
 Sec. 17. (Foreign Corporations.) No association which 
 is incorporated under the laws of any other state than 
 the State of Illinois, shall place any child in any family 
 home within the boundaries of the State of Illinois either 
 with or without indenture, or for adoption, unless the said 
 association shall have furnished the Board of State Com^ 
 missioners of Public Charities with such guarantee as they 
 may require that no child shall be brought into the State 
 of Illinois by such society or its agents, having any con- 
 tagious or incurable disease, or having any deformity, or 
 being of feeble mind, or of vicious character, and that said 
 association will promptly receive and remove from the 
 State any child brought into the State of Illinois by its 
 agent, which shall become a public charge within the 
 
38 ORIGIN OF THE JUVENILE COURT LAW. 
 
 period of five (5) years after being brought into this 
 State. Any person who shall receive to be placed in a 
 home, or shall place in a home, any child in behalf of 
 any association, incorporated in any other state than the 
 State of Illinois, which shall not have complied with the 
 requirements of this act shall be imprisoned in the county 
 jail not more than thirty days, or fined not less than $5.00 
 or more than one hundred ($100.00) dollars, or both in 
 the discretion of the court. 
 
 Sec. 18. (Religious Preferences.) It shall be lawful for 
 the court in disposing of children to consult the religious 
 preferences of the child or of its parents or guardian. 
 
 Amend by striking out Section 18 and inserting in lieu 
 thereof the following: 
 
 Sec. 18. (Religious Preference.) The court in commit- 
 ting children shall place them as far as practicable in the 
 care and custody of some individual holding the same 
 religious belief as the parents of said child, or with some 
 association which is controlled by persons of like religious 
 faith of the parents of the said child. 
 
 This amendment was proposed hy Timothy D. Hurley 
 and Hastings H. Hart. 
 
 Sec. 19. (County Boards of Visitors.) The county 
 judge of each county may appoint a board of six reputable 
 inhabitants, who will serve without compensation, to con- 
 stitute a board of visitation, whose duty it shall be to 
 visit as often as once a year, all institutions, societies 
 and associations receiving children under this act, 
 and institutions where children are supported by. voluntary 
 or public charity ; said visits shall be made by not less than 
 two of the members of the board, who shall go together 
 or make a joint report; the said board of visitors shall 
 report to the court from time to time the condition of 
 children received by, or in charge of, such associations and 
 institutions, and shall make an annual report to the board 
 of State commissioners of public charities, in such form 
 
ORIGIN OF THE JUVENILE COURT LAW. 39 
 
 as the board may prescribe. The county board may, at 
 their discretion, make appropriations for the payment of 
 the actual and necessary expenses incurred by the visitors 
 in the discharge of their official duties. 
 
 Amend Section 19 by striking out beginning in line 7 
 the following words: "And institutions where children are 
 supported hy voluntary or public charity." 
 
 This amendment was proposed by Representative Dennis 
 E. Sullivan of Chicago, III. 
 
 Sec. 20. (Powers of Juvenile Court.) The powers and 
 duties herein provided to be exercised by the county court 
 or the judges thereof, may, in counties having over 500,000 
 population, be exercised by the Circuit Courts and their 
 judges, as hereinbefore provided for. 
 
 Sec. 21. (Industrial and Training Schools Not Affected.) 
 Nothing in this act shall be construed to repeal any portion 
 of the act to aid industrial schools for girls, the act to pro- 
 vide for and aid training schools for boys, the act to estab- 
 lish the Illinois State Reformatory or the act to provide 
 for a State Home for Juvenile Female Offenders. And in 
 all commitments to said institutions the acts in reference 
 to said institutions shall govern the same. 
 
 Sec. 22. (Construction of the Act.) This act shall be 
 liberally construed to the end that its purpose may be car- 
 ried out, to-wit: that the care, custody and discipline of 
 a child shaU approximate as nearly as may be that which 
 should be given by its parents, and in all cases where it 
 can properly be done the child be placed in an approved 
 family home and become a member of the family by legal 
 adoption or otherwise. 
 
 This bill, which became a law July 1, 1899, has been 
 amended at subsequent legislatures. 
 
 STORY TOLD BY THE LEGISLATIVE JOURNAL 
 
 Journal of the House of Representatives of the Forty- 
 first General Assembly of the State of Illinois. 
 
40 ORIGIN OF THE JUVENILE COURT LAW. 
 
 Convened at the Capitol in Springfield, Jan. 4, 1899, and 
 adjourned sine die April 14, 1899. 
 
 Tuesday, Feb. 7, 1899 — 10 o'clock a. m. The house met 
 pursuant to adjournment, the speaker in the chair. 
 
 Mr. Newcomer introduced a bill. House Bill No. 327, a 
 bill for "An act to regulate the treatment and control of 
 dependent, neglected and delinquent children." 
 
 The bill was taken up, read by title, ordered printed 
 and referred to the committee on judiciary. 
 
 Wednesday, March 15, 1899 — 10 o'clock a. m. The house 
 met pursuant to adjournment, the speaker in the chair. 
 
 Mr. Allen, from the committee on judiciary, to whom 
 was referred House Bill No. 327, being a bill for '*An 
 act to regulate the treatment and control of dependent, neg- 
 lected and delinquent children," reported the same back 
 with amendments thereto, and recommended that the amend- 
 ments be adopted and that the bill, as amended, do pass. 
 
 The report of the committee was adopted and the bill 
 ordered to its first reading. 
 
 Tuesday, March 21, 1899—10 o'clock a. m. The house 
 met pursuant to adjournment, the speaker in the chair. 
 
 By unaniomus consent, Mr. Newcomer called up House 
 Bill No. 327 in the order of first reading. 
 
 House Bill No. 327, a bill for "An act to regulate the 
 treatment and control of dependent, neglected and delin- 
 quent children," was taken up and read at large a first 
 time and ordered to a second reading. 
 
 Friday, March 24, 1899 — 10 o'clock a. m. A message 
 from the senate by Mr. Paddock, secretary: 
 
 Mr. Speaker : — I am directed to inform the house of rep- 
 resentatives that the senate has passed bills of the follow- 
 ing titles, in the passage of which I am instructed to 
 ask the concurrence of the house of representatives, to-wit: 
 SENATE BILL No. 269 
 
 A bill for "An act to regulate the treatment and con- 
 trol of dependent, neglected and delinquent children." 
 
ORIGIN OF THE JUVENILE COURT LAW. 41 
 
 Passed by the senate March 23, 1899. 
 
 J. H. Paddock, 
 Secretary of the Senate. 
 
 The foregoing senate bills, Nos. 269, 272, 387, 393 and 
 391, were ordered printed and to a first reading. 
 
 Friday, March 31, 1899 — 10 o'clock a. m. By unanimous 
 consent, Mr. Newcomer called up Senate Bill No, 269, in 
 the order of first reading. 
 
 Senate Bill No. 269, a bill for "An act to regulate the 
 treatment and control of dependent, neglected and delin- 
 quent children," was taken up, read at large a first time, 
 and ordered to a second reading without reference. 
 
 Friday, April 1, 1899 — 10 o'clock a. m. By unanimous 
 consent. Senate Bill No. 269, a bill for ''An act to regulate 
 the treatment and control of dependent, neglected and 
 delinquent children," was taken up and read at large a 
 second time, and the question being, "Shall the bill be 
 ordered to a third reading ? " it was decided in the affirm- 
 ative. 
 
 Friday, April 14, 1899 — 9 o'clock a. m. By unanimous 
 consent, Mr. Newcomer called up Senate Bill No. 269 in 
 the order of third reading. 
 
 Senate Bill No. 269, a bill for "An act to regulate the 
 treatment and control of dependent, neglected and delin- 
 quent children," was taken up, and all amendments there- 
 to having been engrossed and printed in, it was read at 
 large a third time, and the question being, "Shall this 
 bill pass?" it was decided in the affirmative by the fol- 
 lowing vote : Yeas, 121 ; Nays, 0. 
 
 Those voting in the affirmative are : 
 
 Abbott, Alfred N. Belinski, C J. Busell, David C. 
 
 Albertsen, Ubbo J. Berryman, H. R. Bush, Guy L. 
 
 Allen, Charles A. Black, Jesse, Jr. Busee, Carl 
 
 Ailing, Edward H. Boyd, George M. Butler, Michael J. 
 
 Alschuler, Samuel Brooks, Niles Butz, John B. P. 
 
 Andrus, Henry Brown, Robert C. Cahill, Peter F. 
 
 Barclay, William Brundage, Ed. J. Callaghan, Patr'kB. 
 
 Beitler, Henry O. Burgett, Carl S. Carmody, William 
 
42 
 
 ORIGIN OF THE JUVENILE COURT LAW. 
 
 Carstens, Garrelt 
 Cherry, Charles T. 
 Churan, John 
 Cleary, Michael 
 Cleary, Michael H. 
 Cole, William W. 
 Countryman, Jas. A. 
 Craig, Charles C. 
 Curtis, Ed. C. 
 Dockery, John 
 Donnelly, John C. 
 Drew, Samuel J, 
 Drury, Joseph W. 
 Eignus, Malancthon 
 BHclfson, Samuel E. 
 Farrell, James H. 
 Fuller, Du Fay A. 
 Funk, Duncan M. 
 Garver, Samuel B. 
 Gasaway, N. P. 
 Glade, Albert 
 Goodnow, Chas. N. 
 Gray, James M. 
 Graybill, Geo, R. 
 Green, John 
 Guffln, Wash'gt'n I. 
 Hackett, James 
 Hamilton, Jno. L. 
 Harkin, Daniel V, 
 Heimberger, H. R. 
 Hennebry, M. F. 
 Hilboldt, J. H. 
 Nays 0. 
 
 Huff, Rufus 
 Johnson, Chas. G. 
 Johnson, Geo. W. 
 Johnson, John W. 
 Kennedy, Michael 
 Kerrick, Josiah 
 Kettering, A. J. 
 Kirby, James J. 
 Kolstedt, John 
 Kumler, Harry A. 
 Lee, Arthur M. 
 Lee, Charles C. 
 Lewis, John W. 
 Lyon, George R. 
 Mansfield, Geo. E. 
 Martin, George E. 
 McCulloch, Ed. D. 
 McDaniel Thos. L. 
 McDonough, D. V. 
 McGoorty, J. P. 
 McKeene, John A. 
 McLauchlan, John 
 Meaney, Patrick J. 
 Meier, John 
 Merrill, Alva 
 Morley, John 
 Moss, Norman H. 
 Mueller, Carl 
 Newcomer, John R. 
 Nowickl, John M. 
 Olsen, Peter B. 
 O'Malley, John F. 
 
 Page, Oliver J. 
 Partridge, Jasper 
 Purdunn, Chas. A. 
 Pool, Joseph J. 
 Rankin, Geo. C. 
 Rea, Samuel H. 
 Redfield, Robert 
 Retallic, Thomas A. 
 Rhodes, William V. 
 Robinson, Hugh J. 
 Ross, Robert H. 
 Samuelson, C. A, 
 Searcy, James B. 
 Schlagenhauf, Wm. 
 Scrogin, Arthur J, 
 Shanahan, David E. 
 Shephard, Jno. A. 
 Stewart, John 
 Sullivan, Denis E. 
 Sullivan, F. J. 
 Thiemann, William 
 Tippit, Thomas 
 Trautmann, Wm. E. 
 Trowbridge, I. H. 
 Vincent, John A. 
 Warder, William H. 
 White, David C. 
 Williams, Thomas 
 Wood, James H. 
 Young, Linn H. 
 Zinn, Thomas 
 
 THE COMPANION STORY IN THE SENATE 
 
 Journal of the Senate of the Fifty-first General Assem- 
 bly of the State of Illinois. 
 
 Convened at the Capitol in Springfield, January 4, 1899, 
 and adjourned sine die April 14, 1899. 
 
 Wednesday, Feb. 15, 1899—10 o'clock a. m. 
 
 Mr. Case introduced a bill, Senate Bill No. 269, for "An 
 act to regulate the treatment and control of dependent, 
 neglected and delinquent children." 
 
 Which was read at large a first time, ordered printed, 
 
ORIGIN OF THE JUVENILE COURT LAW. 43 
 
 and, on motion of Mr. Case, was referred to the committee 
 on judiciary, 
 Wednesday, March 15, 1899—10 o'clock a. m. 
 Mr. Baxter, from the committee on judiciary, to which 
 was referred a bill. Senate Bill No. 269, for "An act to 
 regulate the treatment and control of dependent, neglected 
 and delinquent children," reported the same back with 
 amendments thereto, and recommended that the amend- 
 ments be adopted, and the bill as amended do pass. 
 
 Under the rules the bill was ordered to a second read- 
 ing, and to be printed with the amendment. 
 Wednesday, March 22, 1899—10 o'clock a. m- 
 By unanimous consent, on motion of Mr. Case, Senate 
 Bill No. 269, a bill for ''An act to regulate the treatment 
 and control of dependent, neglected and delinquent chil- 
 dren," was taken up and read at large a second time, 
 together with the following amendments thereto, reported 
 from the committee on judiciary, March 15, 1899: (Here 
 follows amendments as printed.) 
 
 The question being, ' ' Shall the report of, and the amend- 
 ments reported from, said committee be adopted?" it was 
 decided in the affirmative. 
 
 Thursday, March 23, 1899—10 o'clock a. m. 
 The president of the senate announced the next special 
 crder to be the consideration of Senate Bill No. 269, for 
 "An act to regulate the treatment and control of depend- 
 ent, neglected and delinquent children," which, having 
 been printed, was taken up and read at large a third time, 
 and the question being, "Shall this bill pass?" it was 
 decided in the affirmative by the following vote : Yeas, 32 ; 
 Ncys, 1. 
 
 The following voted in the affirmative : 
 
 Aspinwall, H. F. Bollinger, Alb. C. EVans, Henry H. 
 
 Baxter, Delos W. Busse, Fred A. Fort, Robert B. 
 
 Begole, Henry C. Case, Selon H. Galligan, Peter, F. 
 
 Berry, Orville F. Dunlap, Henry M. Gardner, Corbus P. 
 
 Bogardus, Charles Edwards, W. Scott Granger, Flavel K. 
 
44 ORIGIN OF THE JUVENILE COURT LAW. 
 
 Humphrey, John Milchrist, Thos. E. Stubblefield, G. W. 
 
 Juul, Niels Odell, William M. Sullivan, William 
 
 Leeper, Arthur A. Payne, William Templeton, Jas. W. 
 
 Magnire, Bernard J. Pemberton, S. C. Townsend, Leon A. 
 
 McAdams, John Putnam, James D. Warder, Walter 
 
 McCloud, Sidney Shumway Jno. N .D. 
 
 The following voted in the negative : 
 Davidson, Mr. Nays, 1. 
 
 Ordered that the title be as aforesaid, and that the secre- 
 tary inform the house of representatives thereof and ask 
 their concurrence in the passage of the bill. 
 
 Friday, April 14, 1899—9 o'clock a. m. 
 
 A message from the house by Mr. Cooper, assistant 
 clerk. 
 
 Mr. President : — I am directed to inform the senate that 
 the house of representatives has concurred with them in 
 the passage of bills of the following titles, to-wit: 
 
 SENATE BILL No. 269 
 
 A bill for "An act to regulate the treatment and con- 
 trol of dependent, neglected and delinquent children." 
 Concurred in by the house April 14, 1899. 
 
 JOHN A. REEVE, 
 Clerk of the House of Representatives. 
 
 THE REPORT OF THE BAR ASSOCIATION 
 
 The special committee on Juvenile Courts presented its 
 report to the Chicago Bar Association at its twenty-sixth 
 annual meeting held in the rooms of the association, Oct. 
 28, 1899. Henry S. Towle presided. George Mills Rogers 
 was secretary. The report was as follows: 
 
 Your Committees on Juvenile Courts respectfully report as 
 follows: 
 
 Although our state and city have long had many laws relat- 
 ing to neglected, dependent and delinquent children, and many 
 organizations and societies engaged in the work of caring for 
 children, these laws were fragmentary and in their operation 
 there was a lack of continuity, adhesion and responsibility to 
 the public. As a result, we have long been looked upon as far 
 
ORIGIN OF THE JUVENILE COURT LAW. 45 
 
 behind the times in respect to this subject. Children accused 
 of wrong-doing, as well as children convicted of misdemeanors, 
 have generally been kept in the common jail, police station 
 or bridewell, in direct or indirect association with criminals. 
 Dependent children have been too often kept in public alms- 
 houses; and, especially in Chicago, our courts have been so over- 
 crowded with other business as to prevent their giving proper 
 attention to children's cases. 
 
 Recognizing these evils and the duty of the state to assume 
 its responsibilities as parents patriae, this association at its last 
 annual meeting directed the appointment of a committee of five 
 to investigate existing conditions relative to neglected, dependent 
 and delinquent children, and to co-operate with committees of 
 other organizations in formulating and securing such legislation 
 as might be necessary to cure existing evils and bring our state 
 and city up to the standard of other leading states and cities of 
 the union; and it was in pursuance of this direction that your 
 committee was appointed. 
 
 At about the time of its appointment there was a spontaneous 
 movement with reference to the subject from several directions. 
 The Board of State Commissioners of Public Charities canvassed 
 the matter; the state conference of charities devoted its entire 
 session of two days to discussing it; the Civic Federation of 
 Chicago held many meetings in its interest, at which represen- 
 tatives of leading philanthropic and educational organizations 
 were present; the State Federation of Women's Clubs and vari- 
 ous local associations appointed committees; and several child- 
 saving societies recognized and urged the necessity of prompt 
 and proper action. There was thus created a- valuable public 
 sentiment, but it was left for this association to crystallize this 
 sentiment and give it statutory form. 
 
 In beginning its work your committee invited the co-operation 
 of public officials, representatives from the public schools and 
 from child-saving institutions, and societies and women's clubs 
 and other associations. After full consultation a bill was drafted 
 by Mr. Harvey B. Hurd, subcommittee appointed for that pur- 
 pose, and submitted to your committee for consideration and 
 suggestions. Several bills have been previously prepared by 
 other parties, but on consideration of the bill prepared by Mr. 
 Hurd all others were laid aside, and all forces united in urging 
 its support and passage. 
 
 This bill was introduced in the Senate by Hon. Solon H. 
 Case, and in the House of Representatives by Hon. John R. 
 Newcomer, and in March, 1899, a hearing was had before the 
 judiciary committee of both houses sitting together in joint 
 session. At this hearing this association was represented by 
 Messrs. Harvey B. Hurd, Ephraim Banning and E. Burritt 
 Smith; and other interests by Judge Orrin N. Carter and Messrs. 
 Thomas C. MacMillan and Timothy D. Hurley. At a second 
 hearing Messrs. Hurd and Banning represented this association 
 and Mr. Hurley other interests; and when the bill was on its 
 passage before the House Mr. Hurd and others again visited 
 Springfield to look after final proceedings. 
 
46 ORIGIN OF THE JUVENILE COURT LAW. 
 
 The bill was passed without much delay or difficulty in the 
 Senate; but owing to repeated delays, it was not put on its 
 passage in the House until the last day of the session and not 
 finally voted on until late in the afternoon of that day Prior 
 to this the outlook for its passage had become so doubtful that 
 your committee presented the matter personally to Governor 
 Tanner and Speaker Sherman, explaining the objects of the 
 bill and securing their support and co-operation. Senator Case 
 and Representative Newcomer are entitled to the thanks of this 
 association for their faithful and able management of the bill 
 in the legislature; and great credit is due Governor Tanner and 
 Speaker Sherman for their interest and assistance, which proved 
 invaluable in final proceedings, and without which the bill 
 would probably have failed of passage. Messrs. John W. Ela 
 Hastings H. Hart and Frank G. Soule, and Miss Julia C. Lathrop 
 also rendered valuable assistance, especially in consultations and 
 preparation of the bill. 
 
 In the course of proceedings it became necessary to make 
 various amendments to the bill, so that as finally passed it 
 lacked several desirable and important features. For instance 
 the bill as originally drawn provided for compensation to a 
 limited amount for the board and care of children pending the 
 hearing of their cases in court; for the commitment of children 
 by county judges to the care of suitable institutions which were 
 to receive a limited compensation and for taking children out 
 of almshouses and placing them in suitable homes through 
 child-saving societies and otherwise. As the Juvenile Court 
 feature was considered the most urgent, however, your committee 
 finally consented to amendments striking out these important 
 provisions in order to secure the passage of the bill. 
 
 The Act as passed is entitled "An Act to Regulate the Treat- 
 ment and Control of Dependent, Neglected and Delinquent Chil- 
 dren." It was approved by the governor April 21 1899 went in 
 force July 1, 1899, is found in the Illinois Laws of 1899 pages 
 131-7, and is now generally spoken of as the Juvenile Court Law 
 It contains twenty-one sections, and some of its leading features 
 are as follows: It contains a comprehensive definition of neg- 
 lected, dependent and delinquent children; it confers on the 
 Circuit and County Courts original jurisdiction concerning such 
 children; it provides that in counties having over 500 000 pop- 
 ulation the judges of the Circuit Court shall designate one or 
 more of their number to hear cases coming under the law it 
 provides that children's cases coming before a justice of the peace 
 or police magistrate shall be immediately transferred to the 
 judge so designated; it provides for a simple mode of procedure 
 by petition and otherwise; it provides for the care of neglected 
 dependent and delinquent children while their cases are pending 
 in court and afterward; it prohibits the commitment of children 
 under twelve years of age to a common jail or police station- 
 it recognizes all approved child-saving societies and institu- 
 tions, and gives validity to their contracts in reference to sur- 
 rendering and adopting children; and it provides for a system 
 
ORIGIN OF THE JUVENILE COURT LAW. 47 
 
 of supervision by the State Board of Charities over children 
 placed in homes throughout the state. 
 
 The whole trend and spirit of the act is that the state, acting 
 through the Juvenile Court, exercises that tender solicitude and 
 care over its neglected, dependent and delinquent wards that 
 a wise and loving parent would exercise with reference to his 
 own children under similar circumstances. As showing this 
 we here quote its last section as follows: 
 
 "This act shall be liberally construed, to the end that its 
 purpose may be carried out, to-wit: That the care, custody and 
 discipline of a child shall approximate as nearly as may be that 
 which should be given by its parents, and in all cases where it 
 can properly be done the child be placed in an approved family 
 home and become a member of the family by legal adoption or 
 otherwise." 
 
 In his able address before the State's Attorneys' Association, 
 delivered at Ottawa, June 28, 1899, Mr. Albert C. Barnes, assistant 
 State's Attorney of Cook County, thus explains the object and 
 underlying principle of the law: 
 
 "The importance of this act to the people of Cook County, 
 and indirectly to the state at large, can hardly be overestimated. 
 ... Its fundamental idea is that the state must step in and 
 exercise guardianship over a child found under such adverse 
 social or individual conditions as develop crime. To that end 
 it must not wait as now to deal with him in jails, bridewells 
 and reformatories after he has become criminal in habit and 
 tastes, but must seize upon the first indications of the propensity, 
 as they may be evinced in his conditions of neglect or delin- 
 quency; and where he is a violator of law, instead of quickening 
 acquired criminal tendencies, as by present methods of procedure 
 — involving arrest, examination, detention in the cell-house or 
 jail, contact and confinement with adult criminals indictment 
 and conviction of crime — it proposes a plan whereby he may 
 be treated, not as a criminal or one legally charged with crime, 
 but as a ward of the state, to receive practically the care, 
 custody and discipline that are accorded the neglected and 
 dependent child, and which, as the act states, 'shall approximate 
 as nearly as may be that which should be given by its parents.' " 
 
 In Cook County the law was put in force by the organiza- 
 tion of a Juvenile Court, with Judge Richard S. Tuthill presiding, 
 an exceedingly happy selection, and throughout the state gen- 
 erally the State Board of Charities is now exercising super- 
 vision of children placed in homes pursuant to its provisions. 
 Many things still remain to be done, however, before the full 
 purpose and objects of the law will be accomplished; and as to 
 these we bespeak the interest and co-operation, not only of 
 this association, but of all other associations and organizations 
 interested in the subject, and of the press, public officials and 
 good citizens generally. In this connection, and in conclusion, 
 we again quote from Mr. Barnes' address above referred to, as 
 follows: 
 
 "When it is considered that over five thousand cases a year 
 
48 ORIGIN OF THE JUVENILE COURT LAW. 
 
 are brought before the grand jury of Cook County, and that 
 most of the offenders are either juveniles or have laid the foun- 
 dation for a criminal career in their youth, and that the present 
 repressive agencies are inadequate to stem the tide of crime in 
 the great cities, the beneficent purposes of this act, tending as 
 they do to minimize crime by striking at its roots, call for the 
 co-operation of the officers of the law and all good citizens to 
 render it as effective as possible under present constitutional 
 limitations. Embodying, as it does, the ripest thought upon this 
 question, the results of scientific inquiry and special study of the 
 causes and conditions of crime, and the lessons from practical 
 experience, with various corrective and repressive agencies em- 
 ployed, not only in this country but in Europe, this act, unless 
 thwarted by persistent and unnatural foes, by niggardly means 
 for carrying out its provisions, or by the assaults of those who 
 seek to defeat rather than promote beneficial legislation, will 
 prove the dawn of a new era in our criminal history, and of a 
 brighter day for the people of Illinois." 
 All of which is respectfully submitted, 
 
 Epheaim Banning, 
 Habvey B. Hubd, 
 John W. Ela, 
 Edwin Bubbitt Smith, 
 Mebeitt Stabb. 
 Chicago, Oct. 28, 1899. 
 
 WHAT THE FUTURE PROMISES 
 
 The Juvenile Court law, as has been said already, is an 
 assured success. Still though no longer an experiment, 
 it cannot be said to have passed completely out of the stage 
 of its infancy. Coupled to the wonder that such a law 
 had not been enacted years and years ago, is the still 
 greater wonder aroused by the immense field of activity 
 which it opens up, and the practically limitless area of pos- 
 sibility which it controls. 
 
 The little group of workers in Chicago which first con- 
 ceived the law has been magnified into an immense army 
 of earnest, thinking men and women who recognize in the 
 child problem the problem of problems. Herein, they have 
 discovered, lie the forces which move civilization toward 
 weal or toward woe. How to regulate these forces is a 
 question that ranks above all other questions. And so the 
 
HON. EPHRAIM BANNING 
 
ORIGIN OF THE JUVENILE COURT LAW. 49 
 
 movement begun humbly in the late Judge Kurd's office in 
 Chicago, December 10, 1898, now claims disciples in every 
 section of the country. They are to be numbered by the 
 thousand, and are to be found in the churches and in the 
 schools, in the clubs and in social organizations of every 
 description, in the academic sections of the learned profes- 
 sions, and especially among the men who shape a nation's 
 destiny into its permanent form, the thinkers and students 
 in the domain of active research in our great universities. 
 The movement gathers strength every day, intellectual 
 strength; it is enlisting recruits all the time, thoughtful, 
 educated men and women, their sympathies with their 
 struggling kindred, the class that has in every age fur- 
 nished the guides and leaders in all great social move- 
 ments. 
 
 This is a movement whose growth and full force cannot 
 yet be measured by statistics, though the statistics avail- 
 able are enlightening and well worthy of study. Twenty 
 states have followed the lead of Illinois, and in twice as 
 many of our great cities, courts, probation officers and 
 specially trained observers are grappling with the difficult 
 problem of how to deal with the dependent, the delinquent 
 and the defective among the child population. The active, 
 positive work of rescue and regulation being accomplished, 
 great as it is, must be ranked as second in importance to 
 its investigation and research phases. Every 'Juvenile 
 Court is a laboratory. Everyone of its sessions is a clinic 
 — of priceless value to science and to society. The causes 
 that produce delinquency, the infantile disease that in later 
 years broadens into crime, are here diagnosed and tabu- 
 lated. Inferences are arranged into appropriate group- 
 ings, and effects, apparently divergent and different, cred- 
 ited to their generic causes. The sources curacy, the ques- 
 tion of remedy arises next. The scientist engaged in his 
 laboratory assiduously seeking some mystic vims to save 
 mankind from physical disease, has not a higher or nobler 
 
50 ORIGIN OF THE JUVENILE COURT LAW. 
 
 mission than that which aims to check, and to reduce to a 
 minimum, if possible, to eradicate, the germs of child 
 abnormalities which in their development are the scourge 
 of society. 
 
 It would be impossible to overestimate the importance 
 of the problems embraced in the field of operations covered 
 by the Juvenile Court law. These problems affect every 
 section of the community, from the most obscure cranny 
 in a slum to the gilded drawing room of the millionaire's 
 palace. No person can afford to ignore them. They influ- 
 ence not only the Nation's health, but the Nation's life. 
 Of what avail are wealth, splendor, international prestige, 
 if the millions of men and women upon which these depend 
 for permanency have in their midst perennial springs of 
 degeneracy and moral disease? Therefore it is, that we 
 find all the agencies of civilization, the press, the school, 
 the pulpit, the legislative bodies, local, state and national, 
 co-operating in the effort to cope with an ever-increasing 
 youthful delinquency. 
 
 In Chicago the movement has been singularly fortunate 
 in the number and quality of its supporters. The begin- 
 ning made by the late Judge Hurd and his associates was 
 skillfully and intelligently followed up by Judge Tuthill 
 and an increased guard of enthusiastic workers. All the 
 time it gained in strength and importance. Today its fail- 
 ure is impossible. 
 
 No more convincing evidence of this could be cited than 
 the unanimity and earnestness with which the county and 
 city authorities joined in the movement which eventuated 
 in the Juvenile Court buildings. Chicago is to have a 
 model children's block — court house, school, dormitories, 
 with appropriate offices and appurtenances. This group 
 of buildings will be situated in the most densely populated 
 section of the city, the section, too, from which most of the 
 material for the court work is expected to be drawn. 
 Adjoining the buildings will be playgrounds and a small 
 
ORIGIN OF THE JUVENILE COURT LAW. 51 
 
 park. The design is to make the scheme of fcaildings 
 attractive and beautiful as well as useful and educative. 
 
 To name the projectors of this enterprise, wh^re all 
 deserve unqualified praise, could only be accomplished at 
 the risk of doing injustice, by omission, to others who 
 have equally strong claims to notice. Cook county, repre- 
 sented by the president of the county board, the Hon. E. 
 J. Brundage, and his associate commissioners, received a 
 most loyal and hearty co-operation from the city, to repre- 
 sent which the Hon. Mayor Dunne appointed an energetic 
 committee of citizens, everyone of whom was known to be 
 especially interested in philanthropic work. The Board of 
 Education, too, through a zealous committee, rendered val- 
 uable aid, both moral and financial. 
 
 In this movement, destined to contribute largely to the 
 fame and glory of Chicago and Cook county, there was no 
 politics and no dissension. If rivalry there was, either be- 
 tween the bodies which sent delegates to the joint commit- 
 tee or between the members of the joint committee as indi- 
 viduals, it was the laudable rivalry of how best to advance 
 the humane enterprise which was dear to the heart of each 
 and everyone of those interested. It was peculiarly a 
 Chicago spirit — the spirit which Chicago knows how well 
 :to put forth when interests which she holds sacred are 
 concerned. 
 
 Time or change will not weaken this spirit: they can 
 ;only strengthen it. Though the personnel representing 
 public sentiment in elective and appointive offices must 
 necessarily be different at different times, the sentiment 
 itself when grounded upon right and justice and charity, 
 remains ever the same. The humane feelings back of the 
 'Juvenile Court law and of the movement generally to do 
 justice by the erring young in their first wanderings from 
 the straight and narrow path is stronger in Chicago today 
 than ever it was. Recent political changes have transferred 
 its destinies not to strangers but to friends who have 
 
62 ORIGIN OF THE JUVENILE COURT LAW. 
 
 already given proof of their devotion to the interests of the 
 child. The Hon. E. J. Bnindage, leaving the presidency 
 of the county board to enter upon the duties of corporation 
 counsel, finds only a wider field of opportunity and in- 
 creased power to help along the noble work which has 
 already received so much of his energy and good will. 
 In the city's chief magistrate, the Hon. Mayor Busse, 
 friends of the child-saving movement recognize an old 
 ally and a tried supporter. They remember him as one 
 of the stanehest advocates of the first Juvenile Court bills 
 and St. Charles School for Boys, which he aided in pass- 
 ing when he served in the Legislature at Springfield. The 
 outlook is bright, indeed, for the operation and develop- 
 ment of the Juvenile Court law. Its friends may well an- 
 ticipate for it a future of great accomplishment. 
 
JUVENILE COURTS 
 
 WHAT THEY HAVE 
 ACCOMPMSHED 
 
JUVENILE COURTS 
 
 WHAT THEY HAVE ACCOMPLISHED 
 
 CHAPTER I 
 
 WHAT THE JUVENILE COURT IS 
 
 There is something in the half-famished cry of a 
 neglected, ill-treated child that reaches the heart of the 
 most unsympathetic adult, touches the chords of sympathy 
 that have been silent, perhaps for years, and sets them to 
 vibrating. The helpless wail of a poverty-stricken, sin- 
 environed child is maddening to one interested in that 
 branch of sociology which deals with the saving of the 
 child. It forces him to go deeper and deeper into the 
 causes which produce such pitiful and shameful conditions, 
 in the hope of finding, if possible, some remedy for them. 
 
 Potentially, the Juvenile Court law, as adopted by the 
 Legislature of the State of Illinois, provides the solution 
 of the entire economic problem — ^the problem of ignorance, 
 poverty and crime. The possibilities and probabilities of 
 the Illinois Juvenile Court law broaden and deepen as the 
 student of economics analyzes it section by section, sen- 
 tence by sentence. It appears to the enthusiast to be the 
 very ultima thule of legislation, securing, if intelligently 
 •enforced, the gTeatest possible good for the greatest num- 
 ber of people, and bringing about in time a millennial 
 condition, as each phase of the law is developed. 
 
 The real meaning of the Juvenile Court law, the mo- 
 tives underlying its adoption and the attitude taken by 
 the court and officers in administering it must be thor- 
 oughly understood in every detail before an intelligent 
 conclusion can be reached as to the results already accom- 
 55 
 
56 WHAT THE JUVENILE COURT IS. 
 
 plished by the workings of the law, and the possible results 
 that may be brought about in the future. 
 
 The fundamental idea of the Juvenile Court is so simple 
 it seems anyone ought to understand it. It is, to be per- 
 fectly plain, a return to paternalism. It is the acknowl- 
 edgment by the State of its relationship as the parent to 
 every child within its borders. Civilization for years lost 
 sight of this relationship and as a consequence the utter 
 demoralization of society was threatened. The child, suf- 
 fering for the sins of its natural parents, the outcast, ille- 
 gitimate child, so to speak, of the state, conmiitted some 
 petty depredation, was arrested and at the first arrest 
 became a criminal with his hand raised against every man 
 and every man's hand raised against him. 
 
 The state recognized its duty towards the child only 
 to the extent of providing prisons in which to lock him up 
 when, driven by the forces of evil on all sides, he became 
 a criminal, a menace to his fellow beings and a direct 
 charge upon the state for the period of his natural life. 
 
 What chance was there for these poor little waifs of 
 fortune, these human derelicts, drifting, rudderless, upon 
 the turbid stream of life? If they walked the streets, as 
 they usually did, they became steeped in the very dregs of 
 degradation. If the arm of the law exerted itself to the 
 extent of forcing them to remain at home the conditions 
 surrounding them were often infinitely worse than they 
 would have been had the children been allowed to remain 
 on the streets. What could one expect from such condi- 
 tions except the result that was inevitable — the ultimate 
 outlawry of the child? The little ones did not eat three 
 times a day — nay, an entire day frequently passed with- 
 out a morsel of food passing their mouths. Sometimes the 
 child had shoes to cover its feet. More often, however, 
 the little feet were unprotected even in the cold of frosty 
 winter. Often he had no covering for his head and no 
 protecting woolens underneath the single tattered garment 
 
WHAT THE JUVENILE COURT IS. 57 
 
 that served to cover his nakedness, but offerd little shelter 
 from the elements. This pallid child of fortune — ill for- 
 tune — swore like a fiend, haunted saloons and places of 
 general ill repute, mixed in the society of thieves and peo- 
 ple with the most vicious tendencies, bawled along the 
 streets, shouted and fought, stole when opportunity offered, 
 and was frightened at nothing except the form of a blue- 
 coated policeman looming in the distance. Weather-beaten, 
 feverish from lack of nourishment or because of the liquor 
 which they had imbibed, these children cf the street pre- 
 sented a problem which the child saving societies were 
 unable to cope with because there was no law under which 
 they could work in attempting to save the little ones from 
 their awful surroundings. If they were arrested and taken 
 to jail their doom was sealed forever. The stigma remained 
 on their forehead as long as they lived. From the date of 
 their first arrest and incarceration in jail with older crim- 
 inals they became outlaws in every sense which that word 
 implies. 
 
 Those interested in saving the little ones from the fear- 
 ful future which seemed to be yawning for them realized 
 that the fountain head of the evil, vice and crime as well 
 as of virtue and honor, was to be found in the home sur- 
 roundings of the child. The wisest efforts to reform abuses 
 were thwarted by homes that were depraved. It was real- 
 ized that the real criminal was not the individual himself, 
 but the entire social body that permitted conditions to 
 exist which could produce only criminals. It was realized 
 also that a great good would be accomplished if some way 
 could be devised by which the home surroundings of the 
 child could be corrected and by which, if possible, the 
 parents could be educated to be more serious and to be 
 cleaner both physically and mentally. Failing in this, it 
 was felt if means could be found by which the child could 
 be entirely removed from the home and placed where 
 proper influences would surround it, three-fourths of the 
 
58 WHAT THE JUVENILE COURT IS. 
 
 depravity and sin which had been cursing both the indi- 
 vidual in particular and society in general might be re- 
 moved. Then, in time, as the children grew up into self- 
 respecting, law-abiding men and women instead of legal 
 outcasts, the corrective influence would be more far-reach- 
 ing in its results and the final outcome would be that all 
 the refuse of humanity would be cast aside into a heap and 
 society would rest on a secure, wholesome basis. 
 
 Such a condition of affairs was dreamed of by those 
 interested in humanity. Remembering that the state has 
 after all, the right, in the absence of proper care from the 
 natural parents, to step in and take upon itself the work 
 which the natural parents had proved themselves unable to 
 do, they evolved from their necessity the Juvenile Court law 
 of the State of Illinois. 
 
 The state demands of the natural parent certain duties 
 which the natural parent can perform more perfectly 
 because God has implanted in the hearts of men a love 
 of offspring which make them suitable guardians for their 
 children, provided they understand what their duties are 
 and are inclined to attend to them. In short, the state 
 expects the parents to exercise these powers wisely and to 
 the very best advantage of the child intrusted to their care. 
 But the state demands as a necessity for the wholesome and 
 healthy growth of the child as well as for the protection of 
 every other person under its jurisdiction, that the parent 
 shall bring up the child in an environment and under cir- 
 cumstances that will make him a good, law-abiding citizen. 
 
 Sometimes, however, where the parents themselves have 
 lacked the proper care and training in their youth, they 
 are not fitted to assume the responsibilities placed upon 
 them by God. Mentally and spiritually, they them- 
 selves are children, lacking the traits and training neces- 
 sary to make them proper persons to have the care, custody 
 and education of a young child. 
 
 Naturally, it would have been a difficult matter for a 
 
WHAT THE JUVENILE COURT IS. 59 
 
 charitable society under the old conditions to step in and 
 make fuU-grown men and women realize their inability to 
 care for their own offspring, and it would have been quite 
 as difficult a matter to reconcile the child to that same fact. 
 The Juvenile Court law grasped at this tangled situation, 
 straightened out the threads and re-established the relation- 
 ship of parentage on the part of the state. It made it pos- 
 sible for the state, where it was informed of lack of care 
 on the part of the natural parent, to step in and to take 
 upon its own shoulders the future of the little mite of 
 humanity. 
 
 If a natural parent should take a child of tender age, 
 who had committed his first offense, and throw him into a 
 cell where he would come into contact with the lowest dregs 
 of humanity, with the probability that he would become 
 from that time on a hardened criminal because of his en- 
 forced association with criminals, the Visitation and Aid 
 Society would proceed at once to protect the child from 
 such an unnatural father. Standing in its relation of 
 parent, the state is no more justified in carrying out such a 
 line of conduct than the natural parent would be. It is 
 morally responsible for every criminal manufactured by 
 such enforced confinement of young children with hard- 
 ened criminals. As things were, before the state took cog- 
 nizance of her relationship to every child wandering its 
 streets or living in surroundings that tended to ruin him, 
 the main duty of legislation was to devise punishments to 
 fit almost every crime on the calendar. The fact that an 
 ounce of prevention was better than a pound of cure, 
 especially taking into consideration the fact that the pound 
 of cure was so small as to be entirely lost in the vast ocean 
 of crime which it was supposed to control, was never taken 
 to heart by those interested in the affairs of the state. This 
 condition of things was not peculiar to Illinois. The same 
 apathy regarding intelligent legislation looking towards 
 the perfecting of the character of the child has been met 
 
60 WHAT THE JUVENILE COURT IS. 
 
 with in every state where an attempt has been made to 
 secure better legislation. But large-hearted persons inter- 
 ested in child-saving finally roused themselves and 
 demanded that some steps should be taken along this line. 
 Thus the Juvenile Court law was born. 
 
 It is not the object of the Juvenile Court to punish the 
 children brought before it. In fact, the entire thought of 
 those who framed the law was to banish all idea of crime 
 and punishment and to overcome entirely the positive evil 
 of a jail commitment and a former trial. Far from appear- 
 ing to punish the child, it is the one thought of the Juvenile 
 Court to inquire into his home surroundings, and if they 
 are found to be such as to cause the growing citizen to be 
 not only his own worst enemy, but a menace to the public 
 at large as well, the Juvenile Court pursues one of two 
 courses. Either it removes him entirely from the surround- 
 ings that make for vice and places him in some institution 
 or in a private home where his evil tendencies may be cor- 
 rected, or, if it seems possible that through the agencies 
 which the court may bring to bear, the home life of the 
 child may be improved, the court permits the parents to 
 retain control of the little one until it is proved conclusive- 
 ly that they are unable or unfit to care for him. It was 
 intended by the f ramers of the Juvenile Court law that the 
 court, in administering the law, should go much deper into 
 the study of child-life than a mere attempt at punishment 
 for any small, specific depredation would permit. It was 
 intended that the court should search out and remove the 
 primary cause of the deflection from the paths of rectitude. 
 Perhaps the cause is found to lie with the parents of the 
 child, who treat him so cruelly and make the home life so 
 unpleasant that, in sheer self-defense, he runs away. Fol- 
 lowing the natural order of things, because vice is always 
 pictured to the child by his vicious companions as some- 
 thing very beautiful, the little thing naturally runs after 
 what appears so bright and alluring to his eyes. He is 
 
WHAT THE JUVENILE COURT IS. - 61 
 
 unprotected because there is no wise, guiding hand to turn 
 him back into the "straight and narrow way," and no voice 
 to warn him that the shining thing which looks so red and 
 luscious is only a dead sea-apple that will turn to ashes in 
 his hand. As naturally as a stone falls to the ground, he 
 falls into the company of bad children who teach him vici- 
 ous habits. In such a case, the child, individually — that is to 
 say, the soul of the child — is not a criminal, nor should he 
 be classed as one because some one older in crime coaxes 
 him into committing some depredation which the child him- 
 self does not realize is a violation of the laws of the state. 
 Under such circumstances the state itself would be commit- 
 ting a crime to throw the youngster among criminals as a 
 punishment for what he has done. 
 
 At this juncture the 'Juvenile Court steps in, through the 
 agencies which it is able to bring to bear, searches into the 
 life of the child and places the blame for the overt act 
 where it belongs — invariably on the parents themselves. It 
 recognizes the primary cause for this temporary downfall 
 of the child in the lack of proper parental' care, and places 
 the little one in some home or institution or under the care 
 of some probation officer. Here he will be looked after 
 and loved, trained and advised in a way that he can under- 
 stand in what is the right and what is the wrong thing for 
 him to do, and why it is right or wrong. 
 
 Or perhaps the court finds that the parents are indigent 
 or utterly unable, although willing and anxious, to provide 
 for their children in a way which the welfare of the chil- 
 dren and of the public absolutely demands. In this case, 
 also, the child is placed where it will receive proper care 
 and training. In this latter instance it will be remarked 
 that, so far, no delinquent tendencies have developed in the 
 child. But the court, analyzing the circumstances, realizes 
 that the conditions surrounding the child are such that 
 delinoueney is almost sure to develop, and it steps in and 
 cares for the child before he has a chance actually to fall. 
 
62 WHAT THE JUVENILE COURT IS. 
 
 This illustrates what is perhaps the most beautiful side of 
 the Juvenile Court law, which constantly presents new 
 beauties as it is considered from different points of view. 
 It is like a va«t forest, which develops fresh and more 
 entrancing scenes as we advance closer to its heart. 
 
 There is still another phase of the law, and that is the 
 relation of the Juvenile Court to the parents of the child 
 who has appeared before it. The court stands in the light 
 of a parent or guardian to the child. To the parent it is an 
 elder brother, offering encouragement and helpful advice 
 as to how the home may be improved and the environment 
 of the children and of the family generally sweetened and 
 purified, Wliile the visit of the probation officer to the 
 home is made primarily in the interests of the particular 
 child entrusted to his care, it really proves beneficial to 
 the entire family, and through the family to the entire com- 
 munity, for one family lifted above its sordid surroundings 
 and given a new and more helpful ambition in life will 
 have a direct and noticeable effect for good upon its neigh- 
 bors. 
 
 The probation system is the cord upon which alLthe 
 pearls of the Juvenile Court are strung. It is the keynote 
 of a beautiful harmony. Without it the Juvenile Court 
 could not exist. Upon the intelligence and application of 
 the probation officer depends the successful operation of the 
 court. The state of Illinois could not furnish institutions 
 lenough to care for all the children brought before the 
 court. All children are not in circumstances which would 
 warrant the court in taking them from their parents, and 
 yet they must be followed up and their future conduct and 
 the conduct of their parents must be enquired into. The 
 probation system enables the court to leave the child in his 
 own home, and at the same time ' provides some one who 
 shall act at once as guardian to the child and as teacher to 
 the parents, educating them to a point where they are cap- 
 able of themselves assuming the powers of guardianship 
 
WHAT THE JUVENILE COURT IS. 63 
 
 towards their own child. With the great right arm of the 
 law of the State of Illinois back of him, the probation offi- 
 cer can go into the home and demand to know the cause 
 of the dependency and to build upon its ruins the founda- 
 tions of a higher, better citizenship. He becomes practical- 
 ly a member of the family and teaches that family lessons 
 of cleanliness and decency, of truth and integrity. Threats 
 may be necessary in some instances to enforce the lessons 
 he teaches, but whether by threats or cajolery, by appealing 
 to their fear of the law or by rousing the ambition that lies 
 latent in each human soul, he teaches the lesson and trans- 
 forms the entire family into individuals whom the state 
 need never again hesitate to own as citizens. One child in 
 a family, who has had his soul awakened to his possibilities 
 in the future if he will only follow the path of rectitude, 
 has an influence that cannot be measured upon the entire 
 family. One home cleansed and beautified, uplifted into a 
 clearer, more healthful atmosphere of thought and action, 
 has an influence for good upon the entire community 
 which, like the ferment of yeast, is bound to enliven the 
 entire mass. The perfection of charity is not to help the 
 whining ones who demand at the hand of public bounty a 
 crust of bread and a roof to cover their mendicant heads. 
 The purest charity lies in looking into conditions before 
 the cry for help becomes necessary and in placing the 
 future beggar or criminal in such environments that there 
 will be no necessity for a cry for aid from his fellow men. 
 To sum up, then, the foundation idea of the Juvenile 
 Court law in providing for the care of the dependent or 
 delinquent child is not an idea of punishment for crime or 
 for mendicancy, for the law does away entirely with all 
 idea of crime or beggary as applied to a child. The work of 
 the court is to inquire into the causes of the dependency or 
 delinquency, to find why the child went wrong in the first 
 place, to remove the cause of the fall from grace, and to 
 start the little one on the right road. 
 
RESULTS 
 OF 
 
 JUVENILE 
 COURTS 
 
HON. JOHN C. NEWCOMER 
 
CHAPTER II 
 
 RESULTS OBTAINED BY THE OPERA- 
 TION OF THE JUVENILE COURT 
 
 An old English adage reads that ' ' The proof of the pud- 
 ding is in the eating." Going a little further back in his- 
 tory, our Master said, ' ' For every tree is known by his own 
 fruit. For of thorns men do not gather figs, nor of a 
 bramble bush gather they grapes." And so long ago that 
 even tradition is unable to settled the date, the Book of 
 Good Counsels advises us that "Good things come not out 
 of bad things." 
 
 Those interested in the Juvenile Court law have been 
 more than gratified: they have been heartily enthusiastic 
 over the results which have been brought about by the oper- 
 ation of the Juvenile Court. The highest hopes of the earn- 
 est people who framed the law have been more than real- 
 ized, and the end is not yet in sight. The law is being 
 interpreted day by day in a way that reaches right down 
 into the heart of evil and promises to tear out, in time, the 
 roots which cause the growth of bad citizenship. Inasmuch 
 as Illinois was the first state to provide a court where chil- 
 dren's cases might be considered apart from the civil and 
 criminal cases of adult petitioners, the eyes of the whole 
 world are fixed upon the Juvenile Court and definite 
 results are eagerly sought for. 
 
 Judge M. F. Tuley (deceased), said: "This is the great- 
 est law ever enacted by the state of Illinois. I have such a 
 high appreciation of the lasting benefits that must follow 
 the judicious administration of this act, it would be with 
 great reluctance that I throw anything in the way of its 
 '67 
 
68 RESULTS OF THE JUVENILE COURTS. 
 
 operation, I believe that it is effecting more good in this city 
 and county than all that the Criminal court could possibly 
 effect, and that it will effect more good in one year than 
 the Criminal court can, by punishment, effect in ten years, 
 or even twenty." Judge Tuley made this statement while 
 the Juvenile Court was still in its first youth, before any 
 definite results could be adduced as having been accomp- 
 lished through the working of the court. 
 
 A short time after Judge Tuley had expressed himself 
 as favorably impressed with the theory underlying the 
 Juvenile Court law, Assistant State's Attorney Howard 0. 
 Sprogle, who has watched the cases coming before the Cook 
 County Grand Jury for years, spoke as follows regarding 
 the results of the operation of the Juvenile Court as he had 
 observed them in the Grand Jury room : ' * The effect of the 
 Juvenile Court upon the number of cases coming before 
 the Criminal court is very patent, ' ' explained Mr. Sprogle. 
 "About 2,000 cases a year are handled by Judge Tuthill 
 of children between the ages of ten and sixteen. Of this 
 number, perhaps ten or twelve a year are sent to the Grand 
 Jury by Judge Tuthill for indictment for the purpose of 
 having them sent to Pontiae, when that institution seems 
 to be the proper place for them. These ten or twelve cases 
 which invariably come to the Criminal court from Judge 
 Tuthill's court and from no other sources, are the only 
 eases of youthful criminals handled by the Grand Jury. 
 It would be safe to say that two hundred cases a year less 
 are handled by the Grand Jury since the existence of the 
 'Juvenile Court than came under its notice before the new 
 law went into effect. 
 
 "Before the Juvenile Court was established, all cases of 
 boys detected in crime came to the Criminal court in the 
 regular course of events. Not less than fifteen cases of boys 
 under the age of sixteen years came before the Grand Jury 
 every month. The crimes usually charged against the 
 lads were burglary, petty depredation upon freight cars, 
 
RESULTS OF THE JUVENILE COURTS. 69 
 
 candy or bake shops, or stealing pigeons or rabbits from 
 bams; hoodlum acts which in the country would be con- 
 sidered boyish pranks rather than crime. Not less than 
 seventy-five per cent of these cases were regularly thrown 
 out by the Grand Jury because of the tender age of the 
 boy. The deplorable fact must be admitted, however, that 
 most of this seventy-five per cent turned loose by the Grand 
 Jury eventually were returned and indicted later for 
 repeated offenses. The cause of this was not difficult to 
 locate. The poisonous effect of the police station and jail 
 experience clung to the boy after he was turned loose by 
 the Grand Jury. The badness he had learned while under 
 confinement he rolled under his tongue as a choice morsel. 
 He retailed it to his companions, thus spreading the infec- 
 tion and also starting other youths upon the same path 
 of crime in which he had, himself, left several footprints. 
 Almost before the fact was realized he had developed into 
 a criminal and had drifted back to the Criminal court, 
 which knew him frequently from that time on." 
 
 Perhaps in no place outside of the Juvenile Court itself 
 can the good results brought about by the operation of that 
 court be observed to better advantage than in the County 
 Jail. There for many years previous to the enactment of 
 the Juvenile Court law the officials had endeavored to care 
 for the youth so unfortunate as to come under the ban of 
 laws then in force, in such a way as to prevent him, as far 
 as possible, from being harmed spiritually and mentally 
 by having his heart hardened and his spirit broken by his 
 enforced confinement for weeks or months with vicious and 
 degenerate adults. It was the constant attempt of those in 
 charge of the County Jail to enable the youths under their 
 care to retain their self-respect and self-confidence, and to 
 teach them such lessons that they would be able after leav- 
 ing the jail more easily to withstand temptation and to lead 
 better lives. Long before the 'Juvenile Court law became a 
 reality, the agitation of the women's clubs and other socie- 
 
70 RESULTS OF THE JUVENILE COURTS. 
 
 ties interested in child-saving work and reform along the 
 line of caring for the unfortunate little ones who came 
 under the ban of the law, had caused the jail officials to 
 open a school in the County Jail, where the small offenders 
 were compelled to learn lessons, whether they desired to do 
 so or not. This agitation also brought about the building 
 of the John Worthy school, where the young children sent 
 out to the Bridewell could be kept separate from the older 
 criminals. But this only provided for the care of those 
 who came under the attention of the jail officials in the 
 regular order of sentence and commitment — it had no deter- 
 rent effect upon the source of the evil. In March, 1901, 
 when the Juvenile Court had been in existence only about 
 a year and a half. Jailer John L. Whitman, of the Cook 
 County Jail, made a written statement regarding the influ- 
 ence of the court upon the number of small boys coming to 
 the County Jail. His statement is copied in full, as it gives 
 a better and more definite idea of the good results arising 
 from the administration of the Juvenile Court law than 
 anything that has been said regarding it. Mr. Whitman 
 wrote as follows : 
 
 "I am a firm believer in preventive measures for doing 
 away with social ills rather than in those cure-alls which 
 are the delight of so many reformers. It has been evi- 
 denced by the operation of the Juvenile Court that the 
 most good can be accomplished by making the effort to 
 reclaim our wayward boys and girls from the career of 
 crime which too soon opens its alluring arms for the friend- 
 less and homeless of our cities, who, by the inevitable vicis- 
 situdes of metropolitan life, are early cast into swift con- 
 tact with the terrible temptations of their environments. 
 
 "Previous to the enactment of the law governing the 
 cases of juvenile offenders there were committed to the 
 jail each year an average of five hundred and seventy-five 
 boys under sixteen years of age. These boys were arrested 
 on criminal chargs, tried as criminals, and if convicted, 
 
RESULTS OF THE JUVENILE COURTS. 71 
 
 sentenced to serve time in penal institutions under the 
 same laws that governed the eases against adults. The 
 Juvenile Court does not denominate offenders of minor 
 years as "criminals," and it cannot be properly said that 
 those whose tender years are incapable of deliberation shall 
 be denominated criminals when the very essential elements 
 of crime are impossible to their immaturity of body and 
 mind. The word criminal, and the suggestions engen- 
 dered in its employment, rather convey the idea of deliber- 
 ate and rational devotion of life and faculties to the com- 
 mission of crime. So the Juvenile Court rightly denomi- 
 nates the youthful offenders as delinquent, and with kindly 
 advice and a mild restraint in some cases carefully leads 
 them from the path of crime, diverts their young minds 
 from evil and educates them. Many will be found who, 
 after such treatment, courageously enter highways of truth, 
 honesty and self-help. 
 
 ** Since the Juvenile Court has been in operation not 
 over twenty boys under the age of sixteen have been sent 
 to jail, and they were boys who had, early in life, started 
 upon a career of crime, and their environments were such 
 as to justify the court in inflicting more permanent reform- 
 atory measures. Some of these were sent to Pontiac. Prac- 
 tically speaking, however, there is now no one under the 
 age of sixteen years committed to jail. 
 
 "When, under the law, they were committed to jail, every 
 effort was made by the officials to better their condition if 
 possible. A school was established within the jail, and the 
 moral influence of the teacher over them as well as the edu- 
 cational advantages derived from the school was a source of 
 benefit to many. But now that the Juvenile Court has 
 relieved the authorities at the jail of the care of this class of 
 boys and is benefiting them in a more substantial way, we 
 have the opportunity to do for the older class of boys what 
 we did for the younger class before the Juvenile Court was 
 in operation, and the result of our efforts has been very 
 
72 RESULTS OF THE JUVENILE COURTS. 
 
 gratifying in the older class as well as in the younger class. 
 With the large majority of the boys — in fact, I might say, 
 without exception — it will be found that they are suscepti- 
 ble to the melting influences of the teacher's patient, win- 
 ning ways. They learn rapidly and are eager for the stim- 
 ulus of education, and oftentimes leave the jail with a new 
 ambition in life. 
 
 "The Juvenile Court is most effectually caring for the 
 delinquents, I know that they do not develop into crimi- 
 nals, otherwise they would be brought before the Criminal 
 court and into jail as they reach or pass the age of six- 
 teen. What is being done for the delinquents by the Juve- 
 nile Court and what can be accomplished by our best effort 
 at the jail for those just past the age of delinquency will, 
 in the near future, prove to be the most potent agency for 
 the suppression of crime that has yet been projected, and 
 will hasten the day when the crime disease, so far as youth 
 is concerned, shall have been cured away." 
 
 At the time the above statement was written by Mr. 
 Whitman, Miss Nellie J. Flood, the teacher of the jail boys, 
 wrote as follows upon the same subject : 
 
 "For the past four years I have had charge of all boys 
 who have come under the ban of the law and have been 
 placed in Cook County Jail. From daily experience, close 
 observation and study of the juvenile offender, I am where 
 I can see the effects and advantages of the recent enact- 
 ment passed for the benefit of the juvenile offender. 
 
 "I think these boys may be divided into three grades. 
 First, the boy who, in a spirit of mischief rather than wick- 
 edness, breaks windows, steals a few pigeons or flips cars. 
 To the second grade belong the flrst offender who, per- 
 chance, by reason of dire necessity or having fallen into 
 bad company, wilfully breaks the law. To the third grade 
 belong the chronic offenders who are steeped in crime and 
 are better acquainted with the dark side of life than the 
 average man. 
 
RESULTS OP THE JUVENILE COURTS. 73 
 
 "My position in the jail previous to the enactment of 
 the Juvenile Court law was that of investigation conunit- 
 tee, probation officer, counsel ministering to their temporal 
 needs, and teacher, all in one. All these various grades of 
 boys, ranging from eight to sixteen years of age, were 
 brought to the jail, where a separate department and 
 school was established and maintained for their benefit. 
 The average attendance at the school varied from thirty to 
 sixty. During the three years previous to the enactment 
 of the Juvenile Court law there were 1,705 boys brought 
 to the jail school, none of whom were over sixteen years of 
 age. The number was so large that the loys sixteen years 
 old and over could not take advantage of the school and its 
 benefits. Since the enactment of the Juvenile Court law — 
 that is, during the past two years — there have been brought 
 to the jail 799 boys, not more than a dozen of whom have 
 been under sixteen, who were sent from the Juvenile Court. 
 Now the school attendance is composed of boys over sixteen 
 whom I separate into the same grades as I did those of 
 younger years — that is to say, the mischievous, the first 
 offender and the chronic offender. 
 
 * * Every boy has lying dormant in him a power for great 
 good and possibilities for either good or evil. If the 
 course is evil, the duty is to divert it, if possible, by such 
 treatment as the case may call for. This the Juvenile 
 Court aims at, to encourage the good and restrain the evil 
 in the juvenile delinquents. The effect of the Juvenile 
 Court law has been a protection to the first and second 
 grades of offenders of whom I have spoken before, and it 
 gives them an opportunity of immediate trial, when their 
 cases are passed upon by judges experienced in dealing 
 with children." 
 
 But the vast majority of children coming before the 
 Juvenile Court are dependent children. By lifting them 
 from their dependency, by taking them away from a home- 
 less life or from so-called homes which were worse than un- 
 
74 RESULTS OF THE JUVENILE COURTS. 
 
 fit — homes where drunkeniiess and poverty, and evil and 
 crime, rendered the atmosphere positively mephitie by re- 
 moving these hundreds of little ones from their awful 
 environment and placing them in homes or institutions 
 where they will receive exactly the care each individual 
 case demands, the Juvenile Court has stepped into the lives 
 of numberless human beings at the most critical period of 
 their existence, saved them from shame and crime, and 
 lifted them to a plane where they can grow and expand in 
 God's good sunshine and become happy, useful, law-abid- 
 ing men and women. The beneficial effects of the proba- 
 tion system are everywhere apparent to those who are 
 making a close study of the workings of the Juvenile 
 Court. One of the most important things to be remem- 
 bered in studying the probation system is the fact of its 
 value from an economic point of view. Since the Juvenile 
 Court has been in existence, over 15,000 cases have been 
 turned over to the loving, watchful care of probation 
 officers. It has been estimated by the superintendent of 
 the John Worthy school that an expenditure of sixty cents 
 per day is necessary properly to care for the boys under 
 his charge. The enormous amount of money necessary 
 to care for these little ones had it been necessary to house 
 them in institutions instead of placing them in charge of a 
 probation officer and forcing their parents to provide for 
 them, can be readily figured out, especially when it is 
 taken into consideration that the estimate of sixy cents per 
 day for each child would not cover the cost of the buildings 
 necessary to house this vast number. 
 
DEPENDENT 
 DAY 
 
 JUVENILE 
 COURT 
 
CHAPTER III 
 
 A DAY IN THE JUVENILE COURT- 
 DEPENDENT 
 
 MONDAY, JUNE 10, 1901 
 
 There is one thing about the Juvenile Court of Cook 
 county, Illinois, presided over by Judge Richard S. Tut- 
 hill, that marks it as peculiar when compared with every 
 other court-room in the grim old county building, and that 
 is the number of children crowding every nook and 
 cranny of the big, vaulted chamber. There is no class 
 among the little ones. For the moment caste is lost sight 
 of as each small face looks about it with a strained, wist- 
 ful, questioning expression. Rich and poor, high and low, 
 vicious and refined, they all have one single idea, and they 
 have dwelt on that idea until they have fairly hypnotized 
 themselves into awed silence: "What is the meaning of 
 this and what are they going to do with me?" 
 
 The little one is frightened. He sees blue-coated men 
 standing about. To a child a blue coat is naturally asso- 
 ciated only with a policeman, who will ''catch him if he 
 don't look out." No one realizes that the quivering brain 
 in each small citizen is tired from the effort made in at- 
 tempting to figure out what he has done that should make 
 it necessary for the "bad man to get him." So no one 
 tells him that the blue-coated men are bailiffs of the court, 
 and that it is not their work to eat up little children — for 
 really such ideas do find their way into the hesitating, 
 clouded brains of the future small wards of the court — but 
 to see that order is maintained in the court-room. No one 
 explains to the child that he has done nothing wrong; 
 77 
 
78 DEPENDENT-DAY IN THE JUVENILE COURT. 
 
 but that ever since he was bom he has been suffering for 
 the wrongdoings of his parents or guardians, wrongdoings 
 over which he had no control, but which made it impossible 
 for him to have the chance in life which God meant him to 
 have when He allowed him to come into the world. No 
 one explains to him that the kind-looking, gray-bearded 
 man sitting up above him has no thought of punishing 
 him, but that, on the contrary, he is a good spirit who 
 is coming into his home, and that he intends to wave his 
 wand of power and bring sunshine and hope and love and 
 light into his dwarfed little life. If all this could be 
 explained to the poor little fellow, there would not be so 
 much weeping and wailing and sobbing for mothers in and 
 about the court-room as sometimes may be heard there. 
 
 This sorrowful wailing of children who are being separ- 
 arted from their parents has a tendency to impress a casual 
 visitor to the Juvenile Court with the thought that D'udge 
 Tuthill is a sort of human Juggernaut riding over the lives 
 and hearts of parents and children, cruelly separating 
 them from each other and breaking up families. But if 
 the critic will delve deeper, only a little deeper than the 
 surface of things, it will be brought to his attention that 
 it is not the welfare of the parents which must be studied 
 by those administering the law, nor for that matter, the 
 welfare of the children as individuals alone. The real 
 question to be studied is the question of dealing with the 
 family in general and the child in particular in its relation 
 to the child in the future and in relation to its influence 
 upon the great public at large. The judge of the Juvenile 
 Court must be looked upon, in a way, as a sort of Record- 
 ing Angel, who takes all the information at hand, gazes 
 into the past, present and future of the child, and decides 
 to bring into his life just the thing which is needed at 
 that moment to set at work the influences which will pro- 
 duce the desired effect upon his future. Each day of the 
 child's life, if he is left in the old home surroundings with- 
 
DEPENDENT-DAY IN THE JUVENILE COURT. 79 
 
 out the benefit of the care which a probation officer might 
 be able to give him, adds new intricacies to the problem 
 which the judge must solve as to what agency is the best 
 to employ in saving him. A child who today is simply 
 neglected, may be dependent tomorrow, truant the next 
 day and a delinquent the day after that. It is possible, 
 by bringing the child into court early in his small career, 
 and correcting the neglected condition, to save him from 
 future delinquency and perhaps from positive crime. 
 
 While those little ones who have never before been in 
 court are gazing about them in awed fear and expectancy, 
 the adults, no more accustomed to the environments of a 
 court-room than their frightened offspring, discuss their 
 separate and individual cases in smothered, half-frightened 
 voices or curiously follow with their eyes the bailiffs and 
 other officials of the court as they carry on their routine 
 work. A steady stream of people winds its way from the 
 clerk's desk to the office of the Chief Probation Officer. 
 The drone of voices, like the noise of a runaway colony 
 of bees, increase in volume as the crowd in the room be- 
 comes larger. Then a door opens. Judge Tuthill enters 
 the front of the room and briskly walks to his bench. The 
 change that is wrought by the opening of that door is 
 magical. Solomon in all his glory would not have been met 
 with a more respectful silence than that which falls upon 
 this motley crowd of people, this heterogeneous aggrega- 
 tion from the under world, unused to greeting with a 
 respectful silence any person or happening. 
 
 The bailiff's gavel falls, and the Juvenile Court of Cook 
 county is declared open and ready to consider the cases 
 which are to come before it. 
 
 So intricate are the problems coming before the court 
 to be solved that to an outsider it would seem that the 
 judge must be possessed of the wisdom of Solomon. Some- 
 times the ease should have been taken to a divorce court 
 rather than to one dealing with the question of child-sav- 
 
80 DEPENDENT-DAY IN THE JUVENILE COURT. 
 
 ing. Sometimes it ought not to have been brought at 
 all. Some eases are worse than mediocre in their common- 
 placeness, while some are so pitiful they bring tears to the 
 eyes of those who had forgotten they could cry. Being a 
 father, Judge Tuthill is able not only to take up the case 
 from the standpoint of the welfare of the child, but he is 
 able as weU to judge wisely of the feelings and real mo- 
 tives of the parent. Some of the children are dressed in 
 silks and show every evidence of wealth and refinement; 
 some, on the contrary, are poorly dressed, and the officers 
 of the court tell heart-rending tales of finding the little 
 ones with only one garment on their back, filthy with ver- 
 min, hungry and deserted. The flotsam and jetsam from 
 the murky ocean of life are cast ashore on the Juvenile 
 Court. Then the good is sorted out from the bad and each 
 case is disposed of in exactly the right way. 
 
 Here are some representative eases chosen from among 
 those that came before the judge of the 'Juvenile Court 
 one day. They will illustrated the workings of the court 
 and be of more value, perhaps, to one who is a stranger to 
 the law and the court than any remarks that could be 
 made: 
 
 A little child, six months old, was brought before the 
 court. It looked in a feeble, quizzical sort of way at the 
 crowd about it and set up a wail when it realized that it 
 was in strange surroundings. The fact was brought out, 
 in this case, that the father of the little one had lived with 
 its mother less than a year, and that he denied the pater- 
 nity of the child. One night, when the baby was about 
 a month old, the mother took it to the house where her 
 husband was boarding, and with an oath, threw it on the 
 floor at his feet, with the information that he might care 
 for it in the future. He, not believing that the child was 
 his, took it to the Foundling asylum. The authorities of 
 the Foundling asylum brought it into court. The mother 
 used the most vicious language while in court, and was 
 
MR. FRANK O. SOULE 
 
DEPENDENT-DAY IN THE JUVENILE COURT. 81 
 
 with difficulty restrained from attempting to injure her 
 husband. The baby was sent to St. Vincent's Infant asy- 
 lum, and as it was being carried out of the court-room a 
 perceptible shudder ran through the crowd. Every one 
 instinctively looked from the mother to the father, pic- 
 tured the terrible fate that would have been in store for 
 the baby had it been left to grow up in such a home, and 
 breathed a silent "God bless the Juvenile Court." 
 
 When the next case was called a man came forward 
 leading by the hand a boy of about fourteen, while in his 
 arm he carried a little two-year-old girl whose face was so 
 hidden in a great sunbonnet that her features could not 
 be easily distinguished. Both of the children were good- 
 looking, bright-appearing youngsters and apparently the 
 father cared a great deal for them. But he was Polish, 
 and had peculiar ideas of his own in regard to the bringing 
 up of children. He had been seen by the neighbors and 
 by the lady in whose house he boarded to beat the boy about 
 the head with his fists. On one occasion, it was said — and 
 he did not deny it — he beat the boy because he was sick 
 and vomited on the bed, not being able to lift his head 
 over the side of the bed. The boy was deaf and it was 
 claimed that this deafness was due to the beatings he had 
 received at his father's hands. The mother was dead, but 
 evidence was produced to show that the father took good 
 care of the children, and after thinking the matter over 
 the court gave him a lecture on the proper way to treat 
 a growing boy and allowed the two children to remain in 
 his custody and under his care, paroling them to Miss 
 Blinn. 
 
 The next case brought out a story of abandonment. A 
 Polish woman brought four children with her when she 
 came to the witness stand. She had been abondoned by 
 her husband, who had done the same thing many times 
 before, and she found that she was unable to care properly 
 for the four children, as she worked out by the day. Just 
 
82 DEPENDENT-DAY IN THE JUVENILE COURT. 
 
 at this juncture one of her friends came forward and 
 offered to give her and her four little ones a home as long 
 as she wanted to stay with her. The court allowed her to 
 keep the children, with the understanding that they should 
 live with this kind friend, and the case was continued 
 pending further developments. 
 
 Drink had been the curse of the E family. Two 
 
 bright boys, looking so much alike that they might have 
 been taken for twins, were brought into court. The prin- 
 cipal of the school which the boys attend was the most im- 
 portant witness in this case. He said that they were 
 good boys and smart in school. But the father drank, and 
 they had been almost naked and half -starved at times. The 
 father, on taking the stand, stated that he could not deny 
 what had been said, and the two boys were sent to the 
 Illinois Manual Training school at Glenwood, where they 
 would have plenty to eat and good and sufficient clothes 
 to wear. They would attend school regularly and be free 
 from the evil home influences which had surrounded them 
 since their mother died. At first the boys were frightened 
 almost into tears when told they were to go to an institu- 
 tion, thinking they were to be punished for something they 
 had done. But when the beautiful truth of the matter was 
 told them their eyes glistened with happiness and they be- 
 gan at once making expectant plans for the future. 
 
 Flossie K — is a little colored girl, whose mother is dead. 
 She has been living with her sister since her mother died, 
 and according to the showing of the colored probation of- 
 ficer of the court, Mrs. McDonald, she was in a deplorably 
 filthy condition when found. Her underclothing, so it was 
 said, had not been changed for months, and her general 
 condition, physically and otherwise, was pitiful. But the 
 sister pleaded so hard with Judge Tuthill when he sug- 
 gested taking the child away from her and cried so pite- 
 ously that the judge finally decided to allow her to keep 
 Flossie, for a time at least, and paroled her to the care of 
 Mrs. McDonald. 
 
DEPENDENT-DAY IN THE JUVENILE COURT. 83 
 
 The next case concerned Harry and Lillie T. Their 
 father was said to be dead. Their mother was obliged to 
 do washing to support the two children. As this took her 
 away from home the greater part of the time, she could 
 not keep the children in school and off the streets, and she 
 asked the court to send them to some institution, where 
 they would receive proper care. They were sent to the 
 Guardian Angels' Orphan asylum. 
 
 The case of the four T children — George, Mary, 
 
 Frank and Willie — seemed to puzzle the court for a time. 
 Both father and mother were alive and both were in 
 court. They engaged in a duet of crimination and recrim- 
 ination in the presence of the children which made the 
 blood of the listeners run cold when they thought of chil- 
 dren listening to such charges against their father and 
 mother. It was proved that the father used vile language 
 before the children, and it was also proved that the mother 
 was an habitual drinker. The father was well able to care 
 for his family, and after viewing the matter from all sides 
 the court sent the children back home and placed them 
 under the care of a probation officer. Judge Tuthill's 
 talk with the father and mother ought to bring about good 
 results. He begged them both to sign the pledge and 
 reform. He told them to forget the past, and never to 
 talk together about the things that were past, but to start 
 out new and right, to stop drinking and go to church, and, 
 above all, to remember their duty to their children. Both 
 parents cried and promised to do this. Time will tell what 
 effect their enforced visit to the Juvenile Court will have 
 on them and on their children. 
 
 The hour hand had long ago reached and passed the 
 mark of twelve on the dial of the clock, but the grind of 
 cases went on until all the dependent children had been 
 disposed of. Then and then only did the gavel of the 
 bailiff fall as a signal that those in the court-room were 
 at liberty to leave if they chose to do so. 
 
DELINQUENT 
 DAY 
 
 JUVENILE 
 COURT 
 
CHAPTER IV 
 
 A DAY IN THE JUVENILE COURT- 
 DELINQUENT 
 
 MONDAY, JUNE 10, 1901 
 
 The afternoon session of the Juvenile Court of Cook 
 county, Illinois, begins at 2 o'clock, and at this session all 
 cases of delinquent boys and girls are dealt with by the 
 court. The impression left upon the mind of a visitor to 
 the court when cases of dependent children are being 
 passed upon is that of sobbing children, destitute, helpless, 
 abandoned or coming from a home that, sc far as the moral 
 atmosphere is concerned, might as well have been built 
 on a pirate isle. The imprint is made on the brain of 
 defiant mothers and fathers, who really do love their chil- 
 dren, although they have failed, through ignorance, to 
 give intelligent expression to that love, and who cannot 
 be made to understand the justice that takes their off- 
 spring away from them. 
 
 The afternoon session of the Juvenile Court — the court 
 of delinquency — is as different from the court of depen- 
 dency which sat in the same room in the morning as day 
 is different from darkness. One accustomed to the work- 
 ings of the court could tell in a moment, after glancing 
 casually at the people in the court room, whether dependent 
 or delinquent cases were being brought to the attention of 
 the tourt. There is never so large a crowd present in the 
 afternoon as that which listens to the proceedings of the 
 morning session. Officers of the court, probation officers, 
 witnesses and the parents of the children wait for Judge 
 Tuthill to take his place on the bench. The curiosity-seek- 
 ers of the morning are absent. 
 87 
 
88 DELINQUENT-DAY IN THE JUVENILE COURT. 
 
 Judge Tuthill acts at all times, in dealing with the 
 juvenile offenders, upon the theory that "The quality of 
 mercy is not strained." When a child is brought before 
 him for a first offense the judge seems upon every occasion 
 to search for the smallest point that will justify him in 
 returning the child to his parents instead of sending him 
 to some institution. A great deal of weeping on the part 
 of the child, and a few tears thrown in for good measure 
 by the older relatives, are almost sure to touch the judge's 
 heart and to cause him to display every bit of clemency 
 which he consistently can grant. Children are frequently 
 brought into court a second time, and emboldened by the 
 success of the tactics they brought to bear on the occasion 
 of their previous visit, weep piteously and beg for judicial 
 clemency. Tears may act as a poultice to draw Judge 
 Tuthill 's heart out in pity toward the weeping culprit once, 
 but the poultice always fails to work on an attempt to 
 make a second application of it. Let the same child try 
 the crying and sobbing act upon a second appearance be- 
 fore him and the expression on his face will become as 
 stem and frigid as it was previously warm and sympa- 
 thetic. Judge Tuthill seldom fails correctly to read the 
 character of the miniature men and women that come be- 
 fore him; he knows from ripe experience how to distin- 
 guish crocodile tears from genuine sorrow for the wrong 
 action, and his decision in a case is never questioned, for 
 every person who has heard the evidence in the case feels 
 instinctively that the judge has done exactly right in his 
 decision. 
 
 As a whole, the attitude of the court towards the child 
 is such that, perhaps for the first time in his life, the child 
 realizes his responsibility towards the public around and 
 about him. For the first time he realizes his responsibil- 
 ities as an individual, and the trouble which terminated 
 in the trip to the Juvenile Court becomes the mark of the 
 turning point in his life — the cross-roads branching towards 
 
DELINQUENT-DAY IN THE JUVENILE COURT. 89 
 
 useful, manly, law-abiding citizenship. Tn many instances 
 a short, enforced visit to the John Worthy school, or to 
 another correctional institution, brings out talents which 
 would in all probability have remained dormant during the 
 entire life of the boy had he been permitted to run at large. 
 This is often proved by samples exhibited in the court of 
 work which has been done by boys sent out to the John 
 Worthy school from the Juvenile Court, On one occasion, 
 for instance, a spice cabinet was shown to the court with 
 the explanation that it had been made by a boy who had 
 been confined in the John Worthy school for only a few 
 months. Although the boy had no knowledge of cabinet 
 work previous to his conj&nement in that institution, the 
 little cabinet shown the court was as perfect in detail and 
 outline as if it had been designed by one old in the business. 
 Judge Tuthill, in paroling the boy from the John Worthy 
 school, told him kindly that a boy who could make such a 
 cabinet ought never to allow himself to do anything but 
 honest work. He endeavored to impress upon the boy's 
 mind that a brain which could accomplish such a piece of 
 work, if directed in the right channels, could make more 
 money honestly and could enjoy more peace of mind than 
 through any form of evil living. This illustrates the pivot 
 upon which the entire work of the court turns. It is the 
 constant effort of those interested in administering the 
 Juvenile Court law to study the child at all times and to 
 develop his natural powers and latent talents, so that it 
 will not be necessary, when maturity is reached, for him 
 to be dishonest because of not knowing how to do honest 
 work. 
 
 Character is of slow growth. What we are tomorrow is 
 a natural product of evolution. It is the sum of what 
 entered into our lives today added to that which influenced 
 us yesterday and the day before that. There is no caste 
 in delinquency. Over-indulgence on the part of wealthy 
 parents may produce a character in the child in many 
 
90 DELINQUENT-DAY IN THE JUVENILE COURT. 
 
 cases infinitely worse than that which an evil, poverty- 
 stricken home will develop in the child of the under-world. 
 And when the parents come into court to try, if possible, 
 to get their children out of the trouble in which their 
 delinquency has landed them, rich and poor meet on an 
 equal footing. They realize the awful sorrow that has 
 come into their life. They realize that unless immediate 
 steps are taken the sorrow of today is as nothing compared 
 to what the future may have in store for them, and usually 
 they find it impossible to solve the puzzling problem alone. 
 They dislike to have their children taken away from them, 
 but as a rule they are willing to have anything done which 
 promises to check the stream at the fountain head and to 
 control the forces of evil that seem to menace the lives of 
 their children. 
 
 Judge Hurd, in his speech before the National Congress 
 of Mothers at Columbus, Ohio, described the following 
 representative case of delinquency, taking his facts from 
 the records of the Juvenile Court : " k boy had stolen 
 some corn from a railroad car. A probation officer who 
 had looked up the facts in the case told the court that the 
 boy was one of several hildren. The mother was a widow 
 who was endeavoring to support her children by going out 
 to work, but she had been taken sick, and the boy had sev- 
 eral times been to the railroad, where cars were standing, 
 and stolen corn and taken it home. The mother was too 
 feeble to cook it and they had eaten it raw. The boy did 
 not deny it. He admitted it all and stood there before 
 the judge quite unconscious that he had done anything 
 wrong. A young lawyer who had been in the State Senate, 
 and who, according to my recollection, had voted for the 
 law, was attracted by the novelty of the proceedings, and 
 arose and made an impassioned appeal to the court in 
 behalf of the boy, contending that he ought not to be pun- 
 ished for what he had done, and that he was not a criminal 
 though his case came within the letter of the criminal law. 
 The judge replied: 'This is the kind of case this law was 
 
DELINQUENT-DAY IN THE JUVENILE COURT. 91 
 
 made for. I do not have to regard this boy as a criminal. 
 Nevertheless I must do something for him. He must not 
 be allowed to go on stealing, whatever may be the neces- 
 sities of the case, or he will soon become a veritable thief. 
 What do you suggest I shall do with him ? The law says I 
 may put him in the hands of a probation officer, and I am 
 authorized to appoint any one probation officer whom I 
 please. ' 
 
 ' * * Appoint me, ' was the reply. * I will take him. I will 
 guarantee that he will not steal any more.' 
 
 "I have not followed up the case, and cannot tell you 
 what has become of the boy, but you can see what the judge 
 meant and what the lawyer meant, and how easy it was to 
 remove from the boy the necessity to steal, and how help- 
 ful a kind friend might be to him and to his poor mother. ' ' 
 
 The following cases also came up before the Juvenile 
 Court one afternoon not long ago: 
 
 Two little Arabian boys who had been in the 'John 
 Worthy school applied to the judge to be paroled. They 
 were fourteen and eleven years of age and had been in 
 the school only one week. Touched by their misery, Miss 
 Olive L. Phelps, teacher at the school, wrote a letter to 
 Judge Tuthill which secured their release. It seems they 
 had been sent to the John Worthy school for stealing 
 kindling-wood from freight cars. They had been caught 
 in the act by a railroad detective, and really things looked 
 very bad for them. Miss Phelps, however, discovered that 
 the boys were entirely ignorant of our customs. Accord- 
 ing to Arabian customs they thought it right to steal for 
 their father and mother. "The older boy says he is the 
 sole support, of his parents," she wrote. "He burst into 
 tears, crying, *0h, I cannot stay here; what will my poor 
 father do without me?' They admit the school is as good 
 as home, but grieve constantly over their condition," Mrs. 
 Sara Franklin was appointed probation officer as a precau- 
 tion that their ignorance of American customs shall not 
 again involve them with the law. 
 
92 DELINQUENT-DAY IN THE JUVENILE COURT. 
 
 One fourteen-year-old boy was a good example of what 
 havoc bad home surroundings may cause in a young boy's 
 life. His mother said the boy was being ruined by his 
 father's coarse language and drunkenness. The boy feared 
 his father and ran away from home, taking refuge with 
 his grandmother. He had been arrested by the police, 
 charged with stealing a dozen oil barrels. He was paroled 
 to Probation Officer Sherlock, who was instructed to keep 
 him at the grandmother's home, away from the evil influ- 
 ence of the father. 
 
 Kitty was a fifteen-year-old girl who had been arrested 
 for assaulting and attempting to rob a man at midnight. 
 She did not appear to be inherently bad, and the judge 
 paroled her to Mrs. Peavy, believing that she could be 
 reformed outside of an institution. 
 
 The next four boys, who were brought in together, 
 charged by a railroad detective with stealing grain from 
 a car, were all sent to the John Worthy school in the hope 
 that they might have their thoughts diverted into a health- 
 ier channel. Edward was fifteen years old, afiflicted with a 
 step-father. He had been in trouble with the police before, 
 but this occasion marked his first visit to the Juvenile 
 Court. Guy, who also was fifteen year old, was motherless 
 and had on a previous occasion been arrested for stealing 
 from the cars. Harry, who was a year younger than the 
 other boys, and was also motherless, was an habitual truant 
 and had steadily and consistently refused to attend school. 
 He had served a term in the John "Worthy school and was 
 given a chance to again avail himself of the educational 
 advantages offered by that institution. Joseph, who was 
 the baby of the crowd, being only nine years old, had both 
 father and a mother, but something seemed to be wrong 
 with him. He had a distaste for attending school, to which 
 he did not hesitate to give vocal expression, and his feats in 
 connection with the burglarizing of a store promised a 
 career of anything but virtue. 
 
TRUANCY 
 DAY 
 
 JUVENILE 
 COURT 
 
CHAPTER V 
 
 A DAY IN THE JUVENILE COURT- 
 TRUANCY 
 
 Frank P was brought in by Truant Officer Austin, 
 
 who had known him for five years, Frank was supposed 
 to go to the Thorp school, but Principal Ida Pahlman said 
 that he had been absent from school 213 days during the 
 past two years. She told the judge that he ran away 
 every time the teacher's back was turned, and that he was 
 addicted to two bad habits, lying and using bad language. 
 
 ''How old are you, Frank?" asked the judge. 
 
 Frank acknowledged that he was eleven years old, and 
 when questioned further said that he could not read, but 
 that he could copy writing. He was sent to the Parental 
 school, where he will have to learn to read and write. 
 
 Joe C was said to be incorrigible. His mother 
 
 told the court that he was influenced by the big boys, and 
 when with them did many things that were naughty. His 
 teacher said that for the past year and a half Joe had 
 scarcely been inside the school, and Mr. Bodine said that 
 Joe was ever fond of playing with matches. The janitor 
 of the school told the court he was the worst boy in school, 
 and said that he was continually getting into fights with 
 the other boys. The court gave him a lecture about keep- 
 ing bad company, and told him that a few months in the 
 John Worthy school would probably teach him to obey his 
 mother. He was committed to the Parental school. 
 
 Louis B did not understand about taking the oath 
 
 to testify truthfully, and stood with his hand raised long 
 
 after the oath had been administered, and until the judge 
 
 told him to take it down. Miss Cannon, principal of the 
 
 95 
 
96 TRUANCY-DAY IN THE JUVENILE COURT. 
 
 Kedzie school, told the court that Louis had been entered 
 there last January, but that altogether he had only been 
 in school about three weeks since then. His mother said 
 that he was ten years old, and that he sometimes slept out 
 nights, and smoked cigarettes and used bad language. 
 
 "I guess we'll have to send you away, we'll have to give 
 him to somebody who can make him mind," said the court. 
 ' ' Would you like to be given away, or would you rather go 
 home and mind your mother ? " he was asked. 
 
 "I want to go home and be good," wailed Louis. 
 
 The court let him go, but told Miss Cannon, who is also 
 truant officer, to bring him back the very first time he ran 
 away from school again, and he would send him to the 
 John Worthy school. There was no reason why George 
 
 H , the next boy, should have taken money from the 
 
 teacher's purse. He has an indulgent father, able and 
 willing to give him all the money that it is best for him 
 to have. His frank confession and evident repentance 
 saved him from punishment by the court, and he was sent 
 home with his father, who was broken-hearted over the 
 escapade of his son, and also put under the care of Truant 
 Officer Austin. George solemnly promised the judge that 
 he would never again take anything that did not belong 
 to him, and shook hands with the court as a pledge of his 
 good faith. 
 
 Thomas B and Frank R have known each 
 
 other about six months. Shortly after they became ac- 
 quainted they both began to get into trouble and to play 
 hookey from school. Their last escapade and the one for 
 which they were brought into court was breaking into the 
 office of the Cornell school, injuring some of the furniture, 
 scattering chalk around and smashing some of the windows. 
 Each of the two said that the other was to blame, but the 
 court thought that they were equally guilty. The fathers 
 of both boys were in court and pleaded with the judge 
 to give them another trial. The judge let them go home, 
 
TRUANCY-DAY IN THE JUVENILE COURT. 97 
 
 paroled to truant officers, and ordered the boys not to 
 associate with each other any more. 
 
 "And judge, your honor," said Mr. R , '*do you 
 
 mind if I use the slipper on Frank once in a while?" 
 
 **Not at all," replied the judge, **on the contrary, I 
 think it will do him good." 
 
 Theodore L was to have been brought into court 
 
 by his mother, but Mr. Bodine said that he had learned 
 at the last moment that she had taken him out of the state, 
 and that he had been sent to St. Louis to live with some 
 relatives. He was charged with having struck his teacher 
 with a stick, and Judge Tuthill said that was an offense he 
 would never condone. 
 
 The gavel fell and the work of the day was finished. 
 Considerable sniveling and whining had been indulged in 
 by the youngsters, who, almost to a unit, used the back 
 of their hands in lieu of handkerchiefs. Harsh words had 
 been said in the course of the day and bitterness rankled 
 in the hearts of some who could not be made to see that 
 all was happening for the best. Those who knew and un- 
 derstood all that had been taking place, however, had the 
 assurance in their hearts that every boy and girl who came 
 before the court that day had been started out on a road 
 to a sweeter, purer manhood and womanhood than would 
 have been possible for them if the Juvenile Court had not 
 been in existence. Some lives had been saved through the 
 interference of the state, as parent. Some had been turned 
 aside from a path leading to the prison cell. The good 
 accomplished by this one day in the Juvenile Court can 
 never be estimated or measured by human standards of 
 measurement, and as day follows day and the work broad- 
 ens out and becomes more comprehensive, it becomes more 
 and more apparent that the people of the state of Illinois 
 now have the ax in their hands which will eventually cut 
 down the deadly upas tree of crime and evil that is filling 
 our land with tramps and our prisons with criminals. 
 
LAWS 
 IN 
 
 OTHER 
 STATES 
 
CHAPTER VI 
 
 JUVENILE COURT LAWS ADOPTED IN 
 OTHER STATES 
 
 A new departure of any description from the existing 
 order of things must be successful if it would be popular. 
 Few human beings are so constituted that they care to be 
 actively identified with any radical measure to the extent 
 of pushing it against great opposition. Reformers through- 
 out the United States realized that the worm in the bud, 
 the poison that was destroying the life of good citizenship, 
 the moth that was gnawing at the fabric of human society, 
 until it was becoming tattered and disreputable, was the 
 fact that the rising generation was growing up surrounded 
 by seasoned vice and hardened criminality. , They realized, 
 too, that if the crime disease was ever to be destroyed, the 
 work of destruction must begin in the homes and with the 
 children, and that they must be cured by being educated 
 and loved out of their ignorance and desolation. Every 
 person interested in studying unfortunate conditions and 
 helping people to rise above them knew that nothing could 
 be accomplished along this line without the arm of the state 
 backing them up in the form of helpful legislation. The 
 need of legislation of this kind was discussed at meetings 
 and before clubs, but no good was accomplished because 
 there was no strong, guiding hand back of the movement. 
 No battle was ever yet won without a master hand and 
 brain to guide the army. The necessary leader was lack- 
 ing among the reformers, and as a consequence, while a 
 great deal of ammunition was used, most of it was wasted, 
 scattered and rendered ineffective because the aim was 
 poor, and the mouth of the weapon was not turned squarely 
 101 
 
102 LAWS IN OTHER STATES. 
 
 upon the enemy. Because the undertaking was such a 
 great one, each state hesitated to take the initiative and 
 lead in the fight against the forces of evil and crime. At last 
 Illinois forged to the front, strong in her earnestness of 
 purpose. Determined to take a position against the forces 
 of the enemy and lacking a weapon that would enable her 
 to make an intelligent fight, she made a weapon for her- 
 self. The Juvenile Court law was the result. Not alone 
 the people in Chicago, but those throughout the state vi- 
 brated with joy when the Juvenile Court law was finally 
 passed and placed on the statute books of the state. Every 
 person interested in child-saving work up and down across 
 the entire country sent up to Heaven a prayer of thanks- 
 giving that a leader had come out of the wilderness of woe, 
 a leader who pointed the way to a star of hope, a leader 
 strong in battle with a weapon which they could some day 
 hope themselves to wield. 
 
 Requests for copies of the Juvenile Court law began to 
 pour in from all sides. These requests were promptly 
 answered, and copies of the Juvenile Court Record (pub- 
 lished by the V. & A. Society), containing the necessary 
 information, sent to applicants. Eager eyes watched the 
 formation of the Juvenile Court in Cook county, Illinois, 
 and anxious brains studied results to see if the new law 
 would be a success. It was a success, and then, with the 
 cry of "Eureka, I have found it, the philosopher's stone 
 which will transmute the base metal of evil into the gold of 
 good. The thing is a success, now I will push it." The 
 reformers in the several states gave their enthusiastic sup- 
 port to an effort to secure similar enactments. Because the 
 Juvenile Court law was a success it became popular. 
 
 Agitation began at once in other states for a law similar 
 to the one passed in Illinois, and those who had helped 
 to frame the Illinois law were invited to visit other states 
 and explain the measure and the method of administering 
 it in Cook county. The enthusiasm even traveled across the 
 
LAWS IN OTHER STATES. 103 
 
 ocean and inspired the child-saving societies and charity 
 workers of London and even of Japan. Judge Hurd spoke 
 before clubs and societies in Pennsylvania and Ohio. Wm. 
 0. La Monte, clerk of the Juvenile Court and a deep stu- 
 dent of the relation between the law and the child, ex- 
 plained the theory and practice of the legislation govern- 
 ing the cases of juvenile offenders to the members of the 
 Wisconsin legislature at Madison. Mr. T. D. Hurley spoke 
 in Washington, D. C, in Baltimore, Ohio, Wisconsin and 
 Buffalo. Judge TuthiU, Judge 0. H. Horton, Hastings H. 
 Hart, LL. D., Mrs. Lucy Flower, Miss Julia Lathrop, Mrs. 
 Martha P. Falconer and Miss Minnie F. Low were con- 
 stantly on the go telling others interested in the work how 
 Illinois had solved the problem. 
 
 As a result of all this agitation, laws similar to the 
 Juvenile Court law of Illinois have been enacted in Illinois, 
 Indiana, Ohio, Michigan, Pennsylvania, New York, New 
 Jersey, Kentucky, Washington, D. C, Wisconsin, Iowa, 
 Kansas, Missouri, Colorado, Minnesota, Utah, Washington, 
 Oregon, California, Massachusetts, Connecticut, Georgia, 
 Louisiana, Delaware, Texas, Khode Island and Nebraska. 
 
 It was never contemplated by the child-saving workers 
 in Illinois that the Juvenile Court law of Illinois should 
 or could be adopted in its entirety in other states. The 
 thing to do is to incorporate into the laws of each state 
 those features of the Illinois statute which are applicable 
 to the local situation. A separate court ; probation officers ; 
 the recognition of child-saving societies; the exclusion of 
 children from prisons; the visitation and endorsement of 
 institutions by an official, authoritative body; the com- 
 pelling of parents to support their children when able to 
 do SO; each or aU of these devices might be found useful. 
 The principal feature of the Juvenile Court law, however, 
 should always be uppermost in the minds of those inter- 
 ested in securing similar laws in other states, and that is 
 to transfer the care and custody of the person of the child 
 
104 LAWS IN OTHER STATES. 
 
 to a court of original and unlimited jurisdiction, so that 
 the court shall have sufficient power to deal with all the 
 difficulties that surround the particular child, not only at 
 the time that he is brought into court and becomes a ward 
 of the court, but at any time when he may be summoned in 
 the future to have his growing wants supplied by the court, 
 standing in loco parentis. 
 
JUVENILE 
 PROBATION 
 
CHAPTER VII 
 
 JUVENILE PROBATION 
 
 BEFORE TRIAL, AT TRIAL, AFTER TRIAL 
 
 "The probation feature in my judgment is the keystone 
 which supports the arch of the Juvenile Law — an arch 
 which shall be as a rainbow of hope to all who love chil- 
 dren and who desire that all children shall be properly 
 cared for, and who would provide such care for those who, 
 without it, would inevitably lead vicious and criminal 
 lives. ' ' 
 
 This prophetic statement was made by Judge Richard 
 Tuthill at the first session of the Juvenile Court in Chicago. 
 This was in July, 1899, and we all realize now that this 
 statement of His Honor was not in the least an exag- 
 geration. 
 
 The Juvenile Court Law is plain and simple. No 
 complicated, technical theories are involved in the stat- 
 ute. In short, it is but a substitution of the parental 
 power of the state for that of the criminal branch 
 Where a child inherited property, the courts were always 
 solicitous about its welfare. It was made a ward of the 
 court, a guardian was appointed to properly invest its 
 income, to supervise and look after its personal wants and 
 education. Strange to say, the state in the absence of 
 property never felt that it was called upon to interfere 
 with the control or management of the child until it 
 became dependent or committed some offense and then 
 and not until then did the state interfere. Instead of treat- 
 ing the child in a parental, fatherly way, it was placed in 
 jail, prison or lock-up, resulting, in most cases, in its 
 becoming a convict. 
 
 107 
 
108 JUVENILE PROBATION. 
 
 The Juvenile Court deals with the child in a way en- 
 tirely different. It proceeds at once to make it a ward of 
 the court; to assume guardianship over it; to guide and 
 direct it so that it may become a good and useful citizen. 
 This work is performed in a great measure by the pro- 
 bation officer, a man or woman appointed by the court and 
 invested with certain powers over the child. 
 
 The Illinois Juvenile Court Law provides, section 6 : 
 
 "In case a probation officer shall be appointed by any 
 court, it shall be the duty of the clerk of the court, if 
 practicable, to notify the said probation officer in advance 
 when any child is to be brought before said court ; it shall 
 be the duty of the probation office to make such investi- 
 gation as may be required by the court; to be present in 
 court in order to represent the interest of the child when 
 the case is heard ; to furnish to the court such information 
 and assistance as the judge may require, and to take such 
 charge of any child before and after trial, as may be 
 directed by the court." 
 
 The probation officer should at all times bear in mind 
 that the normal, natural place for a child is in its own 
 home, provided, of course, that the home is a suitable, 
 proper place for any child to be thus situated. The para- 
 mount duty of the probation officer, as the law provides, 
 is to represent the interest of the child; to be, as it were, 
 counsel to the child, and to protect the child before court 
 and after court the same as a good, patient, kind, intelli- 
 gent father or mother would their own child. 
 
 The probation officer should have a certain defined terri- 
 tory, and to do effective work should be limited as to num- 
 ber of children under his or her care. No officer should 
 have over sixty, and certainly not to exceed seventy-five 
 active probation cases. Having been assigned to a district, 
 it should be his duty to be thoroughly conversant with the 
 schools, churches, settlements, neighborhood centers, play- 
 grounds, parks and places where children ordinarily gather. 
 
JUVENILE PROBATION, 109 
 
 Especially should he be thoroughly conversant with all of 
 the places of amusement, the character of people who at- 
 tend such places and the character of the amusement pre- 
 sented for the entertainment of the audience. He should 
 be friendly and co-operate with the police department, 
 courts and other public agencies. He should be as well 
 posted as to the conditions in his district as is the captain 
 of a fire department, who, when an alarm comes in show- 
 ing the location of the fire, he is able to tell almost to a 
 certainty the extent of the same. The fire department 
 officer has studied the buildings and knows their character. 
 He knows the entrances, both front and rear. He knows 
 every stairway in each building, so that he is able by 
 standing off and viewing the fire to direct his men where 
 the most effective work can be done and at the first sight 
 of danger is able to give the alram and point the way of 
 escape. So it should be with the probation officer. All 
 pit-falls, all dance-halls, all places where children may 
 form bad acquaintances and be liable to ruination should 
 be thoroughly known to the probation officer. 
 
 The great work of the probation officer should be in 
 keeping the child out of court. Courts, as we all know, 
 are but substitutes for a well regulated home. No one will 
 concede that it is for the best interest of the child that it 
 be brought to court and be made to feel that the strong 
 arm of the law has been placed on it and that, because of 
 its own wayward acts, the love and affection and proper 
 guidance and direction of his parents must be supple- 
 mented by strangers. The work before court can only be 
 done by the probation officer, being thoroughly acquainted 
 personally with the people in their district. 
 
 The instructions given the probation officer, when ap- 
 pointed by the Chicago 'Juvenile Court, provide as fol- 
 lows: 
 
 (1) The welfare and interest of the child is to he 
 considered. 
 
110 JUVENILE PROBATION. 
 
 (2) The welfare of the commTinity. 
 
 (3) The interest and feelings of the parents and rela- 
 tives. 
 
 "When cases are referred for investigation, the proba- 
 tion officer will be expected to inquire into the facts of the 
 case, with a view to assist the court in deciding what ought 
 to be done. The court will desire to ascertain the char- 
 acter, of the parents and their capability for governing 
 and guarding the child, together with the character of the 
 home as to comforts, surroundings, inmates, etc. This 
 information will be obtained from the child, from the par- 
 ents, neighbors, teachers, clergymen, police officers and 
 various charitable agencies. 
 
 "The court will wish to determine from these inquiries 
 whether the child should be separated from its parents, 
 guardian or custodian. The court will not ordinarily sep- 
 arate children from their parents (a) unless the parents 
 are criminal; (b) parents are vicious or grossly cruel; 
 or (c) the parents are entirely unable to support the 
 children; or (d) the home is in such a condition as to make 
 it extremely probable that the child will grow up to be 
 vicious or dependent. The court cannot be used as a con- 
 venience for the purpose of relieving parents or relatives 
 from their natural obligations. Whenever practicable, the 
 child should be left in the care of its parents or of some 
 suitable family under the supervision of the probation 
 officer pending the final action of the court. 
 
 In case the probation officer finds it advisable to bring 
 the child to court he should have in mind the legal status 
 of the child and parents. It is well settled by the courts 
 that the Juvenile Court Law is constitutional. The only 
 difficulty is in the administration of the law. From the 
 fact that we have a Juvenile Court Law and that the child 
 may be brought to court it does not necessarily follow that 
 the court without proper pleadings and a proper hearing, 
 can invade the home and take the child therefrom. The 
 
JUVENILE PROBATION. Ill 
 
 Supreme Court of Utah, in the recent case of Mill vs. 
 Brown, published in the 88th Pacific Reporter, defines the 
 power of the court very clearly. "The duty of the parent 
 to care for the child is imposed by the moral as well as the 
 law of society upon the father, first, so it must likewise log- 
 ically follow that he must be given the first right to dis- 
 charge that duty. Indeed the common law based the right 
 of the father to have the custody and dominion over the 
 person of his child upon the ground that he might better 
 discharge the duty he owed the child and the state in 
 respect to the care and education of the child. The right 
 and duty are therefore reciprocal, and may be termed 
 natural as well as legal and moral. 
 
 ' ' Before a child can be made a ward of the state at least 
 two things must be found : First, that the child is a de- 
 linquent or dependent within the provisions of the law; 
 and, second, that the parents or legal guardian is incom- 
 petent or has neglected and failed to care for and provide 
 for the child, the training and education contemplated and 
 required by both law and morals." 
 
 It will thus be seen from the fore-going opinion, which 
 is without doubt one of the best reasoned cases that has 
 ever been announced by the courts in this or any other 
 country on the Juvenile Court Law, that the rights of the 
 child as well as of the parents must be carefully protected. 
 It is essential that a proper petition be filed with sufficient 
 allegations in the wording of the statute, so that the court 
 may have jurisdiction. While the proof required is not as 
 strict as in the ordinary case, nevertheless it is necessary 
 that sufficient evidence be procured so that the court may 
 be properly advised in the premises. 
 
 There is a well-known maxim of the law, "that proof 
 without allegations will no more suffice than would aver- 
 ments without proof." The court can only determine the 
 legal effect of a judgment from an inspection of the whole 
 record. The Court, acting under a special statute, there 
 
112 JUVENILE PROBATION. 
 
 are no presumptions in favor of the jurisdiction of the 
 court. Therefore, the record must affimatively show that 
 the court had jurisdiction and that the law has been strictly 
 complied with. Facts must be stated and not mere con- 
 clusions, and the facts, if proven, should be sufficient to 
 establish the dependency or delinquency of the child. 
 
 The principal object of the law is to keep children in 
 their own homes, or that they may be placed in approved 
 foster homes. It is unfair to the child that it be reared 
 and educated in a foster home with no right to inherit. 
 To have the right to inherit it is essential that a proper 
 decree of adoption be entered in the case. The Adoption 
 Act was unknown to the common law. All proceedings 
 of this nature are purely statutory. Hence the necessity 
 of having the law strictly complied with. Many sad 
 cases have come under personal knowledge, where chil- 
 dren were denied the right of inheritance because of 
 defective records in Juvenile and other courts. 
 
 The time is near at hand when the Juvenile Courts will 
 require that all papers filed in the case shall first receive 
 the 0. K. of a competent lawyer whose sole duty will be 
 to assist the court in preparing and keeping correct rec- 
 ords of the case. 
 
 AT TRIAL 
 
 The probation officer, having seen to it that the records 
 of the case are in perfect shape, should have all evidence 
 arranged in such a way as not to appear as prosecuting 
 the child. The officer should never lose sight of the fact 
 that he is the particular friend of not only the child but 
 all of the child's relatives and friends. He is in court not 
 to prosecute but to represent the best interest of the child. 
 It should not be his purpose or intention to have the child 
 committed to an institution. This should be the last act. 
 He should not forget that institutions, no matter how well 
 
JUVENILE PROBATION. 113 
 
 managed nor how well conducted, can never take the 
 place of a good Christian family home. 
 
 There is always a great risk in committing to institu- 
 tions. The ordinary father or mother would not consent 
 for one minute to have their boys and girls commingle, 
 associate with and become friendly and companionable 
 with children that have acquired bad habits. Institutions 
 in a great measure must be conducted on the congregated 
 plan. The fewer children in a cottage the better, but in 
 a large state it is impracticable to consider a cottage of 
 ten or twelve boys. Again there is a risk of institution- 
 alizing the child. It is a well-known fact that children 
 remaining in institutions for any length of time, especially 
 the younger children, acquire the habit of waiting for di- 
 rections in everything that they do. They seldom, if ever, 
 take the initiative. It is tempting, too, to the managers of 
 institutions when they acquire good children to retain 
 them beyond the time they have been sufficiently benefited 
 by the institution. You know it will break up the band 
 if Johnny is paroled. It will interfere with' the class- work 
 if Willie is permitted to return home. Every time a num- 
 ber of children are released from the institution it re- 
 quires a new arrangement of bands, schools, trades and 
 other classes. Managers at times become imbued with 
 the idea that they are conducting a class room or a band 
 or some other particular thing and not dealing with the 
 particular child. 
 
 The probation officer therefore should be more than 
 careful at the trial of the case to give the court all of the 
 information that he is able to acquire. The child should 
 be made to feel, especially at the trial of the case, in case 
 it is committed to an institution, that it is for its benefit 
 and that the probation officer will not at any time lose track 
 of it. It should be encouraged to communicate with the 
 probation officer, and the probation officer in turn should 
 visit the child if it is practicable. 
 
lU JUVETNILE PROBATION. 
 
 AFTER TRIAL 
 
 The great work of the probation officer is after the child 
 has been placed on probation. The child naturally enough 
 is antagonistic to the probation officer, considering him as 
 its enemy. The family likewise is unfriendly at first to 
 the efforts of the officer. The first thing the probation 
 officer must do is to become on friendly terms with the 
 child and with the family. As to how this is to be accom- 
 plished is hard to say. Each case must depend on the par- 
 ticular facts and surroundings. 
 
 The officer, having established friendly relations in the 
 neighborhood, naturally enough becomes quite a factor and 
 must be at all times willing to respond to any and every 
 call that may be made upon him by any person in his dis- 
 trict. He must be willing to enter into consultations, t© 
 give advice to children, to parents, societies and public 
 officials. He must necessarily keep up a continuous cor- 
 respondence not only with the child but with the child's 
 family. 
 
 No set plan of action can be devised. The relation be- 
 tween the probation officer and some children is one of 
 friendship and trust. Others must be ruled with a stern 
 hand. So with the families. The family may be won 
 through being a confidant with the older boys, or by pro- 
 curing employment for some member of the family, or by 
 obtaining relief or assistance in case the family is in dis- 
 tress. All of these various ways will be called into action 
 from time to time. 
 
 It follows from the above that children should not be 
 asked to report together. There should be no treatment 
 of children as classes. Each child has a personality of its 
 own and must be dealt with accordingly. Any plan that 
 undertakes to classify children will meet with failure. The 
 probation officer should do the visiting. It is the most 
 natural thing in the world to have a child bring a good 
 
JUVENILE PROBATION. 115 
 
 report about itself. We all desire, both men and women 
 and children, to appear right and hold the good opinion 
 of our neighbors. Few, if any, of us would openly con- 
 demn ourselves. The successful probation officer is the 
 one who visits the home, enters into the spirit of the fam- 
 ily, adjusts the difficulties therein, if any. The probation 
 officer, from the foregoing, is not only judge, but must 
 also in many cases become doctor, nurse, peace-maker, 
 even missionary. He must be all things to all men. 
 
 Such a person is rare indeed. Nevertheless, the statis- 
 tics show that such people are to be found. One thing 
 is certain, the probation officer must not be moved solely 
 by mercenary or selfish purposes. At the same time, a 
 good and efficient probation officer is entitled to, and 
 should receive, the largest compensation of any person 
 in the community. He or she is certainly doing not only 
 God's work, but the state's work and society's work. They 
 are accomplishing more good and obtaining better results 
 than any other class of people in the community. 
 
ILLINOIS 
 
 JUVENILE 
 
 COURT 
 
 LAW 
 
 IN FORCE 
 
 JULY 1ST 
 
 1907 
 
CHAPTER VIII 
 
 JUVENILE COURT LAW OF ILLINOIS 
 AS AMENDED 
 
 IN FORCE JULY 1ST, 1907 
 
 An Act relating to children who are now or may hereafter 
 become dependent, neglected or delinquent, to define these 
 terms, and to provide for the treatment, control, main- 
 tenance, adoption and guardianship of the person of such 
 children. 
 
 Be it enacted by the People of the State of Illinois repre' 
 sented in the General Assembly: 
 
 Section 1. Definition. — That all persons under the age of 
 twenty-one (21) years, shall, for the purpose of this act 
 only, be considered wards of this state and their persons 
 shall be subject to the care, guardianship and control of 
 the court as hereinafter provided. 
 
 For the purpose of this act, the words ** dependent child" 
 and "neglected child" shall mean any male child who while 
 under the age of seventeen years or any female child who 
 while under the age of eighteen years, for any reason, is 
 destitute, homeless or abandoned; or dependent upon the 
 public for support ; or has not proper parental care or guar- 
 dianship; or habitually begs or receives alms; or is found 
 living in any house of ill-fame or with any vicious or dis- 
 reputable person ; or has a home which by reason of neglect, 
 cruelty or depravity, on the part of its parents, guardian or 
 any other person in whose care it may be, is an unfit place 
 for such a child; and any child who while under the age 
 of ten (10) years is found begging, peddling or selling any 
 articles or singing or playing any musical instrument for 
 gain upon the street or giving and public entertainments or 
 accompanies or is used in the aid of any person so doing. 
 
 The words "delinquent child" shall mean any male child 
 who while under the age of seventeen years or any female 
 child who while under the age of eighteen years, violates 
 119 
 
120 ILLINOIS JUVENILE COURT LAW. 
 
 any law of this State; or is incorrigible, or knowingly as- 
 sociates with thieves, vicious or immoral persons ; or without 
 just cause and without the consent of its parents, guardian 
 or custodian absents itself from its home or place of abode, 
 or is growing up in idleness or crime; or knowingly fre- 
 quents a house of ill-repute; or knowingly frequents any 
 policy shop or place where any gaming device is operated; 
 or frequents any saloon or dram shop where intoxicating 
 liquors are sold ; or patronizes or visits any public pool room 
 or bucket shop ; or wanders about the streets in the night 
 time without being on any lawful business or lawful occupa- 
 tion; or habitually wanders about any railroad yards or 
 tracks or jumps or attempts to jump onto any moving train ; 
 or enters any car or engine without lawful authority; or 
 uses vile, obscene, vulgar, profane or indecent language in 
 any public place or about any school house ; or is guilty of 
 indecent or lascivious conduct ; any child committing any of 
 these acts herein mentioned shall be deemed a delinquent 
 child and shall be cared for as such in the manner herein- 
 after 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 whatever in any court, be lawful or 
 proper evidence against such child for any purpose what- 
 ever, except in subsequent cases against the same child 
 under this act. The word "child" or "children" may be 
 held to mean one or more children, and the word parent 
 or parents may be held to mean one or both parents, when 
 consistent with the intent of this act. The word "associa- 
 tion" shall include any association, institution or corpora- 
 tion which include in their purposes the care or disposi- 
 tion of children coming within the meaning of this act. 
 
 Section 2. Jurisdiction. — The circuit and county courts 
 of the several counties in this state shall have original jur- 
 isdiction in all cases coming within the terms of this act. 
 In all trials under this act any person interested therein 
 may demand a jury of six or the judge of his own motion 
 may order a jury of the same number to try the ease. 
 
 Section 3. Juvenile Court. — In counties having over 
 500,000 population, the judges of the circuit court shall, at 
 such times as they shall determine, designate one or more 
 of their number, whose duty it shall be to hear all cases 
 coming under this act. A special court room, to be desig- 
 
ILLINOIS JUVENILE COURT LAW. 121 
 
 nated as the Juvenile Court room, shall be provided for the 
 hearing of such cases, and the finding of the court shall be 
 entered in a book or books to be kept for that purpose, and 
 known as the "Juvenile Record," and the court may for 
 convenience be called the "Juvenile Court." 
 
 Section 4, Petition to the Court. — Any reputable per- 
 son, being a resident of the county, may fiie with the clerk 
 of the court having jurisidiction of the matter, a petition 
 in writing setting forth that a certain child, naming it, 
 within his county, not now or hereafter an inmate of a 
 state institution incorporated under the laws of this state, 
 except as provided in sections 12 and 18 hereof, is either 
 dependent, neglected or delinquent as defined in section 
 1 hereof; and that it is for the interest of the child and 
 this state that the child be taken from its parent, parents, 
 custodian or guardian and placed under the guardianship 
 of some suitable person to be appointed by the court ; and 
 that the parent, parents, custodian or guardian of such 
 child, are unfit or improper guardians, or are unable or 
 unwilling to care for, protect, train, educate, control or 
 discipline such child, or that the parent, parents, guardian 
 or custodian consent that such child be taken from them. 
 
 The petition shall also set forth either the name, or that 
 the name is unknown to petitioner (a) of the person hav- 
 ing the custody of such child; and (b) of each of the 
 parents or the surviving parent of a legitimate child; or 
 of the mother of an illegitimate child; or (c) if it allege 
 that both such parents are or such mother is dead, then of 
 the guardian, if any, of such child; (d) if it allege that 
 both such parents are or that such mother is dead and that 
 no guardian of such child is known to petitioner, then of a 
 near relative, or that none such is known to petitioner. 
 The petition shall also state the residences of such parties 
 so far as the same are known to such petitioner. All per- 
 sons as named in such petition shall be made defendants 
 by name and shall be notified of such proceedings by sum- 
 mons if residents of this state in the same manner as is now 
 or may hereafter be required in chancery proceedings by 
 the laws of this state except only as herein otherwise pro- 
 vided. 
 
 All persons, if any, who or whose names are stated in 
 the petition to be unknown to petitioner, shall be deemed 
 and taken as def endents by the name or designation of ' ' all 
 
122 ILLINOIS JUVENILE COURT LAW. 
 
 whom it may concern." The petition shall be verified by- 
 affidavit, which affidavit shall be sufficient upon informa- 
 tion and belief. Process shall be issued against all per- 
 sons made parties by the designation of "all whom it may 
 concern" by such description, and notice given by publi- 
 cation as is required in this act shall be sufficient to 
 authorize the court to hear and determine the suit as 
 though the parties had been sued by their proper names. 
 
 Section 5. Summons. — The summons shall require the 
 person alleged to have the custody of such child to appear 
 with the child at the time and place stated in the sum- 
 mons; and shall also require all defendants to be and ap- 
 pear and answer the petition on the return day of the 
 summons. The summons shall be made returnable at any 
 time within twenty days after the date thereof and may be 
 served by the sheriff, or by any duly appointed probation 
 officer, even though such officer be the petitioner. The 
 return of such summons with indorsement of service by 
 the sheriff or by such probation officer in accordance here- 
 with shall be sufficient proof thereof. 
 
 Whenever it shall appear from the petition or from 
 affidavit filed in the cause that any named defendant re- 
 sides or hath gone out of the state, or on due inquiry can 
 not be found, or is concealed within this state or that his 
 place of residence is unknown so that process cannot be 
 served upon him, or whenever any person is made defend- 
 ant under the name or designation of "all whom it may 
 concern" the clerk shall cause publication to be made 
 once in some newspaper of general circulation published 
 in his county, and if there be none published in his county, 
 then in a newspaper published in the nearest place to his 
 county in this state, which shall be substantially as follows : 
 
 A, B, C, D, etc. (here giving the names of such named 
 defendants, if any), and to "all whom it may concern" 
 (if there be any defendant under such designation). 
 
 Take notice that on the day of A. D. 19. , 
 
 a petition was filed by in the court of 
 
 county to have a certain child, named 
 
 declared a (dependent or delinquent) and to take from 
 you the custody and guardianship of said child (and if 
 the petition prays for the appointment of a guardian with 
 
ILLINOIS JUVENILE COURT LAW. 123 
 
 power to consent to adoption, add and to give said child 
 out for adoption). 
 
 Now, unless you appear within twenty days after the 
 date of this notice and show cause against such application, 
 the petition shall be taken for confessed and a decree 
 granted. E. F., Clerk. 
 
 Dated (the date of publication). 
 
 And he shall also within ten days after the publication 
 of such notice send a copy thereof by mail, addressed to 
 such defendants whose place of residence is stated in the 
 petition and who shall not have been served with summons. 
 Notice given by publication as is required by this act shall 
 be the only publication notice required cither in the case 
 of residents, non-residents or otherwise. The certificate of 
 the clerk that he has sent such notice in pursuance of this 
 section shall be evidence thereof. Every defendant who 
 shall be duly summoned shall be held to appear and an- 
 swer either in writing or oraUy in open court on the return 
 day of the summons or if such summons shall be served 
 less than one day prior to the return day, then on the fol- 
 lowing day. Every defendant who shall be notified by 
 publication as herein provided shall be held to appear 
 and answer either in writing or orally in open court within 
 twenty days after the date of the publication notice. The 
 answer shall have no greater weight as evidence than the 
 petition. In default of an answer at the time or times 
 herein specified or at such further timij as by order of 
 court may be granted to a defendant, the petition may be 
 taken as confessed. 
 
 If the person having the custody or control of the child 
 shall fail without reasonable cause to bring the child into 
 court, he may be proceeded against as in case of contempt 
 of court. In case the summons shall be returned and not 
 served upon the person having the custody or control of 
 such child or such person fails to obey the same and in any 
 case when it shall be made to appear to the court by affi- 
 davit, which may be on information and belief that such 
 summons will be ineffectual to secure the presence of the 
 child, a warrant may be issued on the order of the court 
 either against the parents or either of them, or guardian 
 or the person having the custody or control of the child 
 or with whom the child may be or against the child itself 
 to bring such person into court. On default of the cus- 
 
124 ILLINOIS JUVENILE COURT LAW. 
 
 todian of the child or on his appearance or answer, or on 
 the appearance in person of the child in court with or 
 without the summons or other process and on the answer, 
 default or appearance or written consent to the proceed- 
 ings of the other defendants thereto or as soon therafter 
 as may be, the court shall proceed to hear evidence. The 
 court may, in any case when the child is not represented 
 by any person, appoint some suitable person to act on 
 behalf of the child. At any time after the filing of the 
 petition and pending the final disposition of the case, the 
 court may continue the hearing from time to time and 
 may allow such child to remain in the possession of its 
 custodian or in its own home subject to the friendly visita- 
 tion of a probation officer, or it may order such child to be 
 placed in the custody of a probation officer of the court, 
 or of any other suitable person appointed by the court, 
 or to be kept in some suitable place provided by the city or 
 county authorities. 
 
 Section 6. Probation Officers. — The court shall have 
 authority to appoint or designate one or more discreet per- 
 sons of good character to serve as probation officers during 
 the pleasure of the court; said probation officers to receive 
 no compensation from the public treasury. In case a pro- 
 bation officer shall be appointed by any court it shall be 
 the duty of the clerk of the court, if practicable, to notify 
 the said probation officer in advance when any child is 
 to be brought before the court; it shall be the duty of the 
 said probation officer to make such investigation as may 
 be required by the court; to be present in court in order 
 to represent the interest of the child when the case is 
 heard; to furnish to the court such information and as- 
 sistance as the judge may require; and to take such charge 
 of any child before and after trial as may be directed by 
 the court: Provided, however. That in counties having 
 over five hundred thousand population, the judges of the 
 circuit court, by rule to be entered of record, shall deter- 
 mine a number of probation officers including one head 
 probation officer, to be employed during each year, who 
 shall be paid a suitable compensation for their services. 
 The head probation officer shall have charge and control 
 of all other probation officers, subject to the direction of 
 the court. The judges of said court shall notify the presi- 
 dent of the board of county commissioners or supervisors 
 
ILLINOIS JUVENILE COURT LAW. 125 
 
 of said county, as the case may be, of the number of said 
 probation officers so determined, who are to be paid as 
 herein provided, and said probation officers, including the 
 head probation officer, as aforesaid, shall be appointed in 
 the same manner and under the same rules and regulations 
 as other officers or employes in the said county under the 
 board of commissioners or supervisors of the county, as the 
 case may be, and shall be paid a suitable compensation 
 by the county for their services, the amount thereof to 
 be determined by such board of commissioners or super- 
 visors, as the case may be: Provided, further. That in 
 counties having a population of less than five hundred 
 thousand (500,000), the county judge of any such county 
 shall have authority to designate some suitable person to 
 act as probation officer, during the pleasure of the court, 
 and such probation officer shall be paid a suitable compen- 
 sation for his services, such compensation to be fixed by 
 the board of county commissioners, or board of supervisors 
 of such county, as the case may be, such compensation to 
 be paid out of the county treasury of such county. Such 
 board of county commissioners or board of supervisors 
 of any such counties may, if they deem it necessary or 
 advisable, upon recommendation of the county judge, pro- 
 vide for the employment of additional probation officers 
 and shall have like authority to fix their compensation, and 
 if such additional probation officers are authorized, as 
 aforesaid, the same shall be appointed by the county judge 
 of such county, and be paid out of the county treasury, 
 monthly, upon proper certification by such county judge. 
 Such probation officers shall have the same powers and 
 perform the same duties as other probation officers under 
 the provisions of this act. Nothing herein contained, how- 
 ever, shall be held to limit or abridge the power of the 
 judge or judges so designated under section 3 of this act 
 to hear cases coming under this act, to appoint persons or 
 probation officers, whom said judge or judges may see fit 
 and who will serve without pay for such services as pro- 
 bation officers. 
 
 Section 7. Dependent and Neglected Children. — If the 
 court shall find any male child under the age of seventeen 
 years (17) or any female child under the age of eighteen 
 (18) years to be dependent or neglected within the mean- 
 ing of this act, the court may allow such child to remain 
 
126 ILLINOIS JUVENILE COURT LAW. 
 
 at its own home subject to the friendly \asitation of a pro- 
 bation officer. And if parent, parents, guardian or cus- 
 todian consent thereto, or if the court shall further find 
 that the parent, parents, guardian or custodian of such 
 child are unfit or improper guardians or are unable or 
 unwilling to care for, protect, train, educate or discipline 
 such child and that it is for the interest of such child and 
 of the people of this state that such child be taken from 
 the custody of its parents, custodian or guardian, the court 
 may make an order appointing as guardian of the person 
 of such child, some reputable citizen of good moral char- 
 acter and order such guardian to place such child in some 
 suitable family home or other suitable place, which such 
 guardian may provide for such child, or the court may 
 enter an order committing such child to some suitable state 
 institution, organized for the care of dependent or neg- 
 lected children, or to some training school or industrial 
 school or to some association embracing in its objects the 
 purpose of caring for or obtaining homes for neglected 
 or dependent children, which associatioa shall have been 
 accredited as hereinafter provided. 
 
 Section 8. Guardianship. — In every case where such 
 child is committed to an institution, or association, the 
 court shall appoint the president, secretary or superin- 
 tendent of such institution or association, guardian over 
 the person of such child and shall order such guardian to 
 place such child in such institution or with such associa- 
 tion, whereof he is such officer and to hold such child, care 
 for, train and educate it subject to the rules and laws that 
 may be in force from time to time governing such insti- 
 tution or association. 
 
 Section 9. Delinquent Children, — If the court shall 
 find any male child under the age of seventeen years or 
 any female child under the age of eighteen years to be 
 delinquent within the meaning of this act, the court may 
 allow such child to remain at its own home subject to the 
 friendly visitation of a probation officer, such child to 
 report to the probation officer as often as may be required, 
 and if the parents, parent, guardian or custodian consent 
 thereto, or if the court shall further find either that the 
 parent, parents, guardian or custodian are unfit or im- 
 proper guardians or are unable or unwilling to care for, 
 protect, educate or discipline such child and shall further 
 
ILLINOIS JUVENILE COURT LAW. 127 
 
 find that it is for the interest of such child and of the 
 people of this state that such child be taken from the cus- 
 tody of its parents, parent, custodian or guardian, the 
 court may appoint some proper person or probation officer, 
 guardian over the person of such child and permit it to 
 remain at its home, or order such guardian to cause such 
 child to be placed in a suitable family home, or cause it to 
 be boarded out in some suitable family home, in case pro- 
 vision is made by voluntary contribution or otherwise for 
 the payment of the board; or the court may commit such 
 child to some training school for boys if a male child or to 
 an industrial school for girls if a female child or to any 
 institution incorporated under the laws of this state to 
 care for delinquent children, or to any institution that 
 has been or may be provided by the state, county, city, town 
 or village suitable for the care of delinquent children, 
 including St. Charles School for Boys and State Training 
 School for Girls, or to some association that will receive 
 it, embracing in its objects the care of neglected, depen- 
 dent or delinquent children and which has been duly ac- 
 credited as hereinafter provided. In every case where such 
 child is committed to an institution or association, the 
 court shall appoint the president, secretary or superin- 
 tendent of such institution or association, guardian over 
 the person of such child and shall order such guardian to 
 place such child in such institution or with such association, 
 whereof he is such officer and to hold such child, care for, 
 train and educate it subject to the rules and laws that 
 may be in force, from time to time governing such insti- 
 tution or association. 
 
 9a. The court may in its discretion in any case of a 
 delinquent child permit such child to be proceeded against 
 in accordance with the laws that may be in force in this 
 state governing the commission of crimes or violations of 
 city, village, or town ordinance, in such case the petition 
 filed under this act shall be dismissed. 
 
 9b. The court may, when the health or condition of any 
 child found to be dependent, neglected or delinquent re- 
 quires it, order the guardian to cause such child to be 
 placed in a public hospital or institution for treatment or 
 special care, or in a private hospital or institution, which 
 will receive it for like purposes, without charge to the 
 public authorities. 
 
128 ILLINOIS JUVENILE COURT LAW. 
 
 9c. Any child found to be dependent, neglected or de- 
 linquent as defined in this act, and awarded by the court 
 to a guardian, institution or association, shall be held by 
 such guardian, institution or association, as the case may 
 be, by virtue of the order entered of record in such case, 
 and the clerk of the court shall issue and cause to be deliv- 
 ered to such guardian, institution or association a certified 
 copy of such order of the court, which certified copy of 
 such order shall be proof of the authority of such guardian, 
 institution or association in behalf of such child, and no 
 other process need issue to warrant the keeping of such 
 child. The guardianship under this act shall continue until 
 the court shall by further order otherwise direct but not 
 after such child shall have reached the age of twenty-one 
 (21) years. Such child or any person interested in such 
 child may from time to time upon a proper showing apply 
 to the court for the appointment of a new guardian or the 
 restoration of such child to the custody of its parents or 
 for the discharge of the guardian so appointed. 
 
 9d. Whenever it shall appear to the court before or 
 after the appointment of a guardian under this act that the 
 home of the child or of his parents, former guardian or 
 custodian is a suitable place for such child and that such 
 child could be permitted to remain or ordered to be re- 
 turned to said home consistent with the public good and 
 the good of such child, the court may enter an order to that 
 effect returning such child to his home under probation, 
 parole or otherwise; it being the intention of this act that 
 no child shall be taken away or kept out of his home or 
 away from his parents and guardian any longer than is 
 reasonably necessary to preserve the welfare of such child 
 and the interest of this state : Provided, however. That no 
 such order shall be entered without first given ten days' 
 notice to the guardian, institution or association to whose 
 care such child has been committed, unless such guardian, 
 institution or association consents to such order. 
 
 9e. The court may, from time to time, cite into court 
 the guardian, institution or association to whose care any 
 dependent, neglected or delinquent child has been awarded, 
 and require him or it to make a full, true and perfect 
 report as to his or its doings in behalf of such child; and 
 it shall be the duty of such guardian, institution or asso- 
 ciation, within ten days after such citation, to make such 
 
HASTINGS H. HART, D. D. 
 
ILLINOIS JUVENILE COURT LAW. 129 
 
 report either in writing verified by affidavit, or verbally 
 under oath in open court, or otherwise as the court shall 
 direct ; and upon the hearing of such report, with or with- 
 out further evidence, the court may, if it sees fit, remove 
 such guardian and appoint another in his stead, or take 
 such child away from such institution or association and 
 place it in another, or restore such child to the custody 
 of its parents or former guardian or custodian. 
 
 Section 10. Transfers from Justice and Police Magis- 
 trates. — ^When in any county where a court is held as pro- 
 vided in section 3 of this act, a male child under the age 
 of seventeen years or a female child under the age of 
 eighteen years is arrested with or without warrant such 
 child may, instead of being taken before a justice of the 
 peace or police magistrate, be taken directly before such 
 court; or if the child is taken before a justice of the peace 
 or police magistrate, it shall be the duty of such justice 
 of the peace or police magistrate to transfer the case to 
 such court, and the officer having the child in charge to 
 take the child before such court, and in any case the court 
 may proceed to hear and dispose of the case in the same 
 manner as if the child had been brought before the court 
 upon petition as herein provided. In any case, the court 
 shall require notice to be given and investigation to be 
 made as in other cases under this act, and may adjourn the 
 hearing from time to time for that purpose. 
 
 Section 11. Children under Twelve Years not to be 
 Committed to Jail. — No court or magistrate shall commit 
 a child under twelve (12) years of age to a jail or police 
 station, but if such a child is unable to give bail it may 
 be committed to the care of the sheriff, police officer or 
 probation officer, who shall keep such child in some suit- 
 able place provided by the city or county outside of the 
 enclosure of any jail or police station. "W^en any child 
 shall be sentenced to confinement in any institution to 
 which adult convicts are sentenced, it shall be unlawful to 
 confine such child in the same building with such adult 
 convicts, or to confine such child in the same yard or en- 
 closure with such adult convicts, or to bring such child 
 into any yard or building in which adult convicts may be 
 present. 
 
 Section 12. Agents of Juvenile Reformatories. — It shall 
 be the duty of the superintendent of the State Reformatory 
 
130 ILLINOIS JUVENILE COURT LAW. 
 
 at Pontiac, and the board of managers of the State Refor- 
 matory at Pontiac, and the board of managers of the State 
 Home for Juvenile Female Offenders at Geneva, and the 
 board of managers of any other institution to which juvenile 
 delinquents may be committed by the courts, to maintain 
 an agent of such institution, whose duty it shall be to ex- 
 amine the homes of children paroled from such institu- 
 tions for the purpose of ascertaining and reporting to said 
 court whether they are suitable homes; to assist children 
 paroled or discharged from such institution in finding suit- 
 able employment, and to maintain a friendly supervision 
 over paroled inmates during the continuance of their 
 parole ; such agents shall hold office subject to the pleasure 
 of the board making the appointment, and shall receive 
 such compensation as such board may determine out of any 
 funds appropriated for such institution applicable thereto. 
 Section 13. Supervision of State Commissioners of Pub- 
 lic Charities. — All associations receiving children under 
 this act shall be subject to the same visitation, inspection 
 and supervision by the board of state commissioners of 
 public charities as are the jublic charitable institutions of 
 this state, and it shall be the duty of the said board of 
 commissioners to pass annually upon the fitness of every 
 such association as may receive, or desire to receive children 
 under the supervision of this act, and every such associa- 
 tion shall annually, at such time as said board shall direct, 
 make report thereto, showing its condition, management 
 and competency to adequately care for such children as 
 are, or may be committed to it, and such other facts as 
 said board may require, and upon said board being satis- 
 fied that such association is competent and has adequate 
 facilities to care for such children, it shall issue to the 
 same a certificate to that effect, which certificate shall con- 
 tinue in force for one (1) year, unless sooner revoked by 
 said board, and no child shall be committed to any such 
 association which shall not have received such a certificate 
 within fifteen (15) months next preceding the commitment. 
 The court may, at any time, require from any association 
 receiving or desiring to receive children under the pro- 
 visions of this act, such reports, information and state- 
 ments as the judge shall deem proper or necessary for his 
 action, and the court shall in no case be required to com- 
 mit a child to any association whose standing, conduct or 
 
ILLINOIS JUVENILE COURT LAW. 131 
 
 care of children, or ability to care for the same, is not 
 satisfactory to the court. 
 
 Section 14. Incorporation of Association. — No associa- 
 tion whose objects embrace the caring for dependent, neg- 
 lected or delinquent children shall hereafter be incorporated 
 unless the proposed articles of incorporation shall j&rst have 
 been submitted to the examination of the board of state 
 commissioners of public charities, and the secretary of state 
 shall not issue a certificate of incorporation unless there 
 shall first be filed in his office the certificate of said board of 
 state commissioners of public charities that said board has 
 examined the said articles of incoropration and that, in 
 his judgment, the incorporators are reputable and respect- 
 able persons, the proposed work is needed and the incorpor- 
 ation of such association is desirable and for the public 
 good; amendments proposed to the articles of incorpora- 
 tion or association having as an object the care and disposal 
 of dependent, neglected or delinquent children shall be 
 submitted in like manner to the board of state commission- 
 ers of public charities, and the secretary of state shall not 
 record such amendments or issue his certificate therefor 
 unless there shall first be filed in his office the certificate 
 of said board of state commissioners of public charities 
 that they have examined the said amendment, that the 
 association in question is, in their judgment, performing 
 in good faith the work undertaken by it, and that the said 
 amendment is, in their judgment, a proper one and for the 
 public good. 
 
 Section 15. Order Relating to Adoption. — ^Whenever 
 the petition filed, as is provided in section 3 hereof, or a 
 supplemental petition filed at any time after the appoint- 
 ment of the guardian shall pray that the guardian to be 
 appointed shall be authorized to consent to the legal adop- 
 tion of the child, and the court upon the hearing shall find 
 thf.t it is to the best interest of such child that the guar- 
 dian be given such authority, the court may, in its order 
 appointing such guardian, empower him to appear in court 
 where any proceedings for the adoption of such child may 
 be pending, and to consent to such adoption ; and such con- 
 sent shall be sufficient to authorize the court where the 
 adoption proceedings are pending to enter a proper order 
 or decree of adoption without further notice to, or consent 
 by the parents or relatives of such child: Provided, how- 
 
132 ILLINOIS JUVENILE COURT LAW. 
 
 ever, that before entering such order the court' shall find 
 from the evidence that (1) the parents or surviving parent 
 of a legitimate child or the mother of an illegitimate child, 
 or if the child has no parents living the guardian of the 
 child, if any, or if there is no parent living and the child 
 has no guardian or the guardian is not known to petitioner, 
 then a near relative of the child, if any there be, consents 
 to such order; or, (2) that one parent consents and the 
 other is unfit for any of the reasons hereinafter specified 
 to have the child, or that both parents are or that the sur- 
 viving parent or the mother of an illegitimate child is so 
 unfit for any such reasons — the grounds of unfitness being 
 (a) depravity, (b) open and notorious adultery or fornica- 
 tion, (c) habitual drunkenness for the space of one year 
 prior to the filing of petition, (d) extreme and repeated 
 cruelty to the child, (e) abandonment of the child or (f) 
 desertion of the child for more than six (6) months next 
 preceding the filing of the petition. 
 
 Section 16. Foreign Corporations. — ^No association 
 which is incorporated under the laws of any other state 
 than the state of Illinois shall place any child in any family 
 home within the boundaries of the state of Illinois either 
 with or without indenture or for adoption, unless the said 
 association shall have furnished the board of state commis- 
 sioners of public charities with such guaranty as they may 
 require that no child shall be brought into the state of Illi- 
 nois bv such society or its agents, having any contagious, or 
 incurable disease, or havinsr any deformity or being of 
 feeble mind, or of vicious character, and that said associa- 
 tion will promptly receive and remove from the state any 
 child brought into the state of Illinois by its agent, which 
 shall become a public charge within the period of five (5) 
 years after being brought into this state. Any person who 
 shall receive to be placed in a home, or shall place in at 
 home, any child in behalf of any association, incorporated 
 in any other state than the state of Illinois, which shall not 
 have complied with the requirements of this act shall be 
 imprisoned in the county jail not more than thirty days, 
 or fined no less than $5 or more than one hundred (100) 
 dollars, or both, in the discretion of the court. 
 
 Section 17. Religious Preference. — The court in com- 
 mitting children shall place them as far as practicable in 
 the care and custody of some individual holding the same 
 
ILLINOIS JUVENILE COURT LAW. 133 
 
 religious belief as the parents of said child, or with some 
 association which is controlled by persons of like religious 
 faith of the parents of the said child. 
 
 Section 18. County Boards of Visitors. — The county 
 judge of each county may appoint a board of six reputable 
 inhabitants, who will serve without compensation, to con- 
 stitute a board of visitation, whose duty it shall be to visit, 
 as often as once a year, all institutions, societies and asso- 
 ciations receiving children under this act; said visits shall 
 be made by not less than two of the members of the board, 
 who shall go together or make a joint report; the said board 
 of visitors shall report to the court, from time to time, the 
 condition of children received by or in the charge of such 
 associations and institutions, and shall make an annual 
 report to the board of state commissioners of public chari- 
 ties in such form as the board may prescribe. The county 
 board may, at their discretion, make appropriations for the 
 payment of the actual and necessary expenses incurred by 
 the visitors in the discharge of their official duties. 
 
 Section 19. Powers of Juvenile Court. — The powers and 
 duties herein provided to be exercised by the county court 
 or the judges thereof may, in counties having over 500,000 
 population, be exercised by the circuit courts and their 
 judges as hereinbefore provided for. 
 
 Section 20. Industrial and Training Schools not 
 affected. — Nothing in this act shall be construed to repeal 
 any portion of the act to aid industrial schools for girls, 
 the act to provide for and aid training school for boys, the 
 act to establish the Illinois State Reformatory, or the act 
 to provide for a State Home for Juvenile Female Offenders, 
 and in all commitments to said institutions, the acts in 
 reference to said institutions may govern the same, except 
 that in commitments to the State Home for Juvenile 
 Offenders at Geneva, Illinois, either this act or the acts in 
 reference to said institution shall govern the same and in 
 all proceedings and papers, said institution may be desig- 
 nated as a "State Training School for Girls," and such 
 designation shall be taken and held to have the same legal 
 effect as if the name "State Home for Juvenile Female 
 Offenders" were used therein. 
 
 Section 21. Construction of the Act. — This act shall be 
 liberally constructed to the end that its purpose may be 
 
134 ILLINOIS JUVENILE COURT Li^JW. 
 
 carried out, to wit: That the care, custody and discipline 
 of a child shall approximate as nearly as may be that which 
 should be given by its parents, and in all cases where it 
 can properly be done, the child to be placed in an approved 
 family home and become a member of the family by legal 
 adoption or otherwise. 
 
 Section 22. Support of Children. — If it shall appear, 
 upon the hearing of the cause that the parent, parents, or 
 any person or persons named in such petition who are in 
 law liable for the support of such child, are able to contri- 
 bute to the support of such child, the court shall enter an 
 order requiring such parent, parents or other persons to 
 pay to the guardian so appointed or to the institution to 
 which such child may be committed, a reasonable sum from 
 time to time for the support, maintenance or education of 
 such child, and the court may order such parent, parents or 
 other persons to give reasonable security for the payment 
 of such sum or sums and upon failure to pay, the court may 
 enforce obedience to such order by a proceeding as for con- 
 tempt of court. The court may, on application and on such 
 notice as the court may direct from time to time, make such 
 alterations in the allowance as shall appear reasonable and 
 proper. 
 
 Section 23. Order Relating to Support. — If the person 
 so ordered to pay for the support, maintenance or educa- 
 tion of a dependent, neglected or delinquent child shaU be 
 employed for wages, salary or commission, the court may 
 also order that the sum to be paid by him shall be paid to 
 the guardian or institution out of his wages, salary or 
 commission and that he shall execute an assignment thereof 
 protanto. The court may also order the parent or the per- 
 son so ordered to pay the sum of money for the support, 
 maintenance or education of a child, from time to time 
 make discovery to the court as to his place of employment 
 and amount earned by him. Upon his failure to obey the 
 orders of court he may be punished as for contempt of 
 court. 
 
 Section 24. Guardianship of Person. — Nothing in this 
 act shall be construed to give the guardian appointed under 
 this act the guardianship of the estate of the child or to 
 change the age of minority for any other purpose except 
 the custody of the child. 
 
ILLINOIS JUVENILE COURT LAW. 135 
 
 Section 25. Validity of Act.— The invalidity of any por- 
 tion of this act shall not effect the validity of any other por- 
 tion thereof which can be given effect without such invalid 
 part. 
 
 Section 26. Cases under this act may be reviewed by 
 writ of error. 
 
 Law in force as amended July 1, 1907. 
 
ILLINOIS JUVENILE COURT LAW. 
 
 Hahvkv n. Uima, 
 
 9« 0. Rurley, Esq.«. 
 
 Prcaldent Visitation A Aid Soelety, 
 City. 
 Soar Sir: 
 
 In roferenee to your Inquiry as to the hlstoi7 and daval* 
 opment of the Juvenile Court Law. So far as 1 had any thing to (to 
 •1th It, It was of alow crowth. The suggostlons cane froii tsany 4t- 
 reotlons. One of the tirst cane from your office In I89I, In the 
 shape of a BilKHouse Bill Vo. 433) Introduced Into the House by 
 Hon. Joseph A. O'Donnoll. The nam thought of this fllU wtis, th*t 
 Courts wttild be cuthorl'.ed to eo-nlt children, not having proner 
 parental care, to' societies or organizations, whose purpose vas tho 
 coring of such ohlldron. 
 
 This Bili reiulred,the societies t» kaep a record of ehll'i 
 dren coRnlted to theo, and to exerelse a supervising ear* of tli* 
 -ohlldron placed in f anil lee. 
 
 Yours rerfpeetfully. 
 
 Author of Illinois Juvenile Court Law. 
 
JUVENILE 
 
 COURT 
 
 BILL 
 
CHAPTER IX. 
 BILL 
 
 Thirty-seventh Assembly, House No. 433, February, 1891. 
 
 1. Introduced by Mr. Joseph A. O'Donnell, February 
 24, 1891. 
 
 2. Read by title February 24, 1891. Ordered printed 
 and referred to the Committee on Judiciary. 
 
 A BILL 
 
 For an act to authorize corporations not for pecuniary pro- 
 fit to manage, care and provide for children who may be 
 abandoned, neglected, destitute or subjected to perverted 
 training. 
 
 Section 1. Be it enacted by the people of the state of 
 Illinois, represented in the General Assembly. That when- 
 ever it shall appear to any county court of this state that any 
 child who may be brought before it, has no parent, guard- 
 ian or other person to bestow upon it ordinary and proper 
 parental care, or that it is abandoned or entirely neglected 
 or cruely treated by the person or persons sustaining the 
 parental relation to it; or that it has no proper parental 
 care or guardianship ; or that it is being trained or allowed 
 to be trained in vice and crime by the person or persons 
 having charge of it ; or that being in charge of no one, it is 
 destitute and incapable of providing for itself, such court 
 may, in any case, by order, commit the custody and care 
 of any such child to any corporation, not for pecuniary pro- 
 fit, organized under the laws of this state, the objects of 
 whose organization may embrace the purpose of caring for 
 any such child, and which corporation may, in the judg- 
 ment of such court, be competent and disposed to properly 
 care and provide for such child. 
 
140 FIRST JUVENILE COURT BILL. 
 
 Section 2. Any child so committed may, by such corpor- 
 ation, be kept or placed or put out in a home or family or 
 institution in charge of any person or persons who may 
 appear to be fit, competent and disposed to duly provide 
 for and properly train it. It shall be the duty of such cor- 
 poration to keep a record of every child so placed, and so 
 far as practicable to see that such child be properly trained 
 and provided for, and the officers and managers of such 
 corporation shall have a supervising care over such child 
 after it shall be so put out, to see that it shall be properly 
 treated and cared for, and said officers and managers shall 
 have power to reclaim any such child, so put out, whenever 
 in the judgment of said officers and managers it shall be 
 for the best interest of said child. 
 
 Section 3. Nothing in this act, or that may be done 
 hereunder, shall prevent the laws upon the subject of adop- 
 tion of children in force, or that may be enacted in this 
 state, being applied to the case of any such child. Nor 
 shall anything herein contained, or that may be done here- 
 under, prevent the resumption of parental rights towards 
 the child should it be found that such parental rights can 
 be resumed without endangering the morality or well-being 
 of such child. 
 
 The above bill was drafted in the office of the Visitation 
 and Aid Society and introduced in the Legislature by 
 request of the officers of the Society. The bill passed to 
 second reading, but failed to become a law. 
 
SCOPE 
 OF THE 
 JUVENILE 
 COURT 
 LAW 
 
CHAPTER X. 
 
 THE JUVENILE COURT LAW 
 
 WHAT IS ITS SCOPE? — HOW TO PROCEED UNDER IT. 
 
 The beneficent effects of Juvenile Court laws are now 
 generally conceded. The Illinois Juvenile Court Law was 
 enacted by the Legislature of 1899 and went into effect July 
 1st of that year. Within seven years Juvenile Court laws 
 have been enacted in Illinois, Indiana, Ohio, Michigan, 
 Pennsylvania, New York, New Jersey, Kentucky, Washing- 
 ton, D. C, Wisconsin, Iowa, Kansas, Missouri, Colorado, 
 ]\iinnesota, Utah, Washington, Oregon, California, Massa- 
 chusetts, Connecticut, Georgia, Louisiana, Delaware, Texas, 
 Rhode Island and Nebraska. The good results of these laws 
 are already being seen in the diminution of juvenile crime, 
 the prevention of truancy, the improvement of homes 
 through the wholesome influence of probation officers and 
 the more efficient and wise care of homeless and neglected 
 children. The juvenile courts have become a rallying place 
 for the representatives of all child-saving organizations, 
 and as a result there is great improvement in the co-opera- 
 tion between such organizations. 
 
 NOT CONFINED TO CITIES. 
 
 The Juvenile Court Law is just as much needed for the 
 rural districts as for the large cities. The Illinois Juvenile 
 Court Law applies to the entire state. The circuit and 
 county courts throughout the state, have original jurisdic- 
 tion in all cases of children coming under the provisions of 
 the law. It is just as injurious for children to be confined 
 in county jails or treated as criminals in small cities as in 
 large ones, and the experience of Massachusetts and Michi- 
 gan has long since proved that probation officers and county 
 143 
 
IM SCOPE OF THE JUVENILE COURT LAW. 
 
 agents are quite as useful in the sparsely settled districts 
 of the state as in the large cities. 
 
 The outlying counties have been slow to make use of the 
 law partly because its provisions were imperfectly under- 
 stood and partly because the occasions for its use are much 
 less frequent ; but in those counties where the law has been 
 used, it has been found to be well adapted to the needs of 
 all sections of the state. 
 
 INFORMATION DESIRED. 
 
 Many inquiries are made as to the purpose and scope of 
 the Juvenile Court Law and the proper method of pro- 
 ceeding under it. These remarks are intended for the 
 information of judges, clerks of court, county supervisors, 
 probation officers, officers of societies and institutions for 
 children and citizens who are interested in dependent and 
 delinquent children. 
 
 THE ILLINOIS JUVENILE COURT LAW. 
 
 The lUinois Juvenile Court Law was enacted by the 
 Legislature of 1899 (laws of 1899, page 131), important 
 amendments were adopted by the Legislatures of 1901-1905- 
 1907. The law as amended will be found in this volume. 
 
 ITS PURPOSE. 
 
 The purpose of the law is indicated in its title : 
 An Act relating to children who are now or may here- 
 after become dependent, neglected or delinquent, to define 
 these terms, and to provide for the treatment, control, 
 maintenance, adoption and guardianship of the person of 
 such children. The purpose of the law is further defined 
 in section 21: 
 
 "To-wit: That the care, custody and discipline of a 
 child shall approximate as nearly as may be that which 
 should be given by its parents, and in all cases where it can 
 be properly done the child to be placed in an approved 
 family home and become a member of the family by legal 
 adoption or otherwise." 
 
HON. JOSEPH A. O'DONNELL 
 
SCOPE OF THE JUVENILE COURT LAW. 145 
 
 SCOPE OF THE LAW. 
 
 The law applies to two classes of children (see section 
 1) : First, dependent children, i. e., children under the age 
 of sixteen years who are, "destitute, homeless or depend- 
 ent, ' ' dependent upon the public for support, without prop- 
 er parental care, residents in disreputable houses, having 
 unfit homes and children under ten years of age who are 
 found begging, peddling or participating in public enter- 
 tainments, etc. Second, delinquent children, i. e., boys and 
 girls under sixteen years of age who are criminal, incorrigi- 
 ble, associates of thieves or vicious persons or who fre- 
 quent houses of ill fame or gambling houses, etc. 
 
 WHO ABE TO ACT? 
 
 Any reputable citizen of the county may petition in be- 
 half of a dependent or delinquent child. The petition must 
 be filed either with the circuit or county court of any 
 county. In Chicago such petitions go to the Juvenile Court. 
 
 NOT A CRIMINAL PROCEEDING. 
 
 This law is expressly framed to avoid treating a child as 
 a criminal ; to this end the proceedings are divested of all 
 the features which attach to a criminal proceeding. In- 
 stead of a ''complaint" or "indictment," there is a "peti- 
 tion." Instead of a "warrant" there is a "summons." 
 The child is not "arrested" but is brougt in by the parent 
 or guardian or by a probation officer. The law expressly 
 forbids keeping a child under twelve years of age in any jail 
 or lockup, but he is to be kept temporarily in a " detention 
 home" or other suitable place outside the jail. 
 
 When the child is brought into court the inquiry is with 
 reference to the condition of the child. Is there a condi- 
 tion of dependency or a condition of delinquency? In- 
 stead of a "prosecutor" there is a "probation officer" who 
 is there not to "convict" the child but to "represent his 
 interests." Instead of a jury of twelve men, there is a 
 
U6 SCOPE OF THE JUVENILE COURT LAW. 
 
 jury of six men or no jury at all. The chUd is not "con- 
 victed" but is ** found dependent" or "found delinquent." 
 The child is not "sentenced" to a reformatory or prison, 
 but is "committed" to the care of a probation officer or to 
 the care of a friendly institution. The proceedings in court 
 are informal. The strict rules of evidence are not adhered 
 to. The effort is : first, to find out what is the best thing to 
 be done for a child ; and, second, if possible, to do it. 
 
 THE PETITION. 
 
 {Juvenile Court Blanks No. 1 and 2.) 
 
 The Juvenile Court Law provides (Sec. 4.) that: "Any 
 reputable person being a resident of the county, having 
 knowledge of the child who appears to be dependent or 
 delinquent, may file with the clerk of the court a petition in 
 writing, setting forth the facts verified by affidavit. It 
 shall be sufficient that the affidavit is upon information and 
 belief." 
 
 The essential points in the petition are : first, that it shall 
 be made by a resident of the county in which the child is 
 found; second, that it shall declare the child to be "depend- 
 ent" or "delinquent"; third, that it shall state clearly the 
 jurisdictional facts ; in other words, that the dependency or 
 delinquency shaU be described in the language of the stat- 
 ute (Sec. 1), with such brief explanation added as wiU 
 make the case clear; fourth, that the petition shall make 
 clear the known facts with reference to the parents or 
 guardian of the child; or if no facts are known, shall so 
 state. 
 
 THE HISTORY. 
 
 {Juvenile Court Blank No. 3.) 
 
 With the petition should be filed a history sheet con- 
 taining in outline the important facts relating to the 
 child's parentage, birth, physical condition, education, 
 teachers, character, guardianship, previous dependency or 
 
SCOPE OF THE JUVENILE COURT LAW. 147 
 
 delinquency, also any facts relative to property, immediate 
 or prospective, belonging to the child. 
 
 The history is important both for the information of the 
 court and for the information of others who may subse- 
 quently have the care of the child. 
 
 The history sheet should be filled out either by the peti- 
 tioner of by the clerk of court or by the probation officer 
 who may have investigated the case. 
 
 THE SUMMONS. 
 
 (Juvenile Court Blank No. 4.) 
 
 The law requires (Sec. 5) that "the parents of the child, 
 if living, and their residence is known, or its legal guard- 
 ian, if one there be, or if there is neither parent or guard- 
 ian, or if his or her residence is not known, then some rela- 
 tive, if there be one, and his residence is known shall be 
 made party to the proceedings and summoned into court. 
 
 The summons is an essential part of the proceedings, for 
 the reason that if the parent or guardian have not been 
 summoned the whole action is vitiated. If the whereabouts 
 of the parent or guardian is not known, it is necessary 
 that a diligent effort shall be made to ascertain the where- 
 abouts of the individual and to have summons served per- 
 sonally. 
 
 If it is not possible to serve summons, then a return should 
 be made, with the reasons for the failure, and service must 
 then be obtained by publication. 
 
 If the child is illigitimate summons may be served on the 
 mother only, as the father has no right to the custody of 
 the child. In case of a child of divorced parents, the terms 
 of the decree of divorcement should be consulted. This de- 
 cree will most likely determine who has the legal custody of 
 the child and who is to be summoned or notified into court. 
 If the parent is an inmate of a public institution personal 
 service should be had if possible. The fact that the indi- 
 
148 SCOPE OP THE JUVEINILB COURT LAW. 
 
 vidual is an inmate of an insane asylum or prison does 
 not effect the necessity of summons being served. 
 
 The summons may be served either by sheriff or deputy 
 sheriff or a probation officer. 
 
 THE WARRANT. 
 
 {Juvenile Court Blanks Nos. 5 and 6.) 
 
 The Juvenile Court Law does not contemplate the use of 
 a warrant, if the presence of the child can be obtained in 
 response to the notice. The law says: "A warrant may 
 issue, on the order of the court" against the parent, guard- 
 ian, custodian or the child itself : first, in case the summons 
 cannot be served; second, in case the party served fails to 
 obey; third, in any case where it shall appear to the court 
 that the summons will be ineffectual. If a warrant is found 
 necessary, an affidavit must be filed showing the necessity 
 for the M^arrant. 
 
 TRIAL OP THE CASE. 
 
 {Juvenile Court Blank No. 7, Verdict; No. 8 and No. 9, 
 Court Orders; No. 10, Commitment.) 
 
 The Juvenile Court Law provides (Sec. 2) that "the cir- 
 cuit and county courts shall have original jurisdiction in 
 all cases coming within the terms of this act. In all trials 
 under this act any person interested therein may demand 
 a jury of six or the judge, of his own judgment, may order 
 a jury of the same number." In cases where it is desired 
 to commit a child under the Industrial and Manual Train- 
 ing School Acts a jury is necessary. 
 
 After hearing the case the judge enters such order as he 
 may deem proper, under the statute. If the child is declared 
 dependent the court may commit it ''to the care of a suit- 
 able state institution, or of some reputable citizen, or of 
 some training school or industrial school as provided by 
 law, or to the care of some association, willing to receive 
 
SCOPE OP THE JUVENILE COURT LAW. a49 
 
 it, embracing in its objects the purpose of caring or obtain- 
 ing homes for dependent or neglected children, which asso- 
 ciation shall have been accredited," as provided in section 
 13 of the Act. 
 
 If the child is found delinquent, the court "may commit 
 the child to the care or custody of a probation officer, and 
 may allow said child to remain in its own home, subject 
 to visitation ... ; or the court may cause the child to 
 be placed in a suitable family home subject to supervision 
 ... ; or it may authorize the child to be boarded out . . . ; 
 or may commit the child to a training school or an indus- 
 trial school or any state institution, or to some suitable 
 private institution ; or to the care of some association that 
 has been duly accredited," as provided in section 13 of 
 the Act. 
 
 THE IMPORTANCE OF ''rED TAPE.'' 
 
 It is important that the case shall be tried in conformity 
 with the statute. This is especially true in cases relating 
 to dependent children who are to be separated from their 
 parents or guardians. The Supreme Coui-t of Illinois has 
 ruled in cases of adoption that if there is any flaw in the 
 proceedings at any step the adoption is invalidated. In 
 this way adopted children have lost valuable inheritances 
 which were intended for them by their adopted parents. 
 
 It is essential that the court order shall not only conform 
 to the statute, as regards its own substance, but also that it 
 shall state the same facts which are contained in the peti- 
 tion. It is essential that the record shall show either that 
 summons was actually served upon the parents, guardian or 
 relative, as required in the statute, or that publication was 
 had in accordance with the statute. 
 
 When a child is committed to the care of an association 
 or an individual, under this Act, a certified copy of the 
 order should be furnished the party receiving the child. 
 
 In the trial of cases under this act the courts are accus- 
 tomed to allow more latitude in taking testimony thaji is 
 
150 SCOPE OF THE JUVENILE COURT LAW. 
 
 allowed in ordinary court proceedings, for the reason that 
 the action is intended, not to secure a conviction for some 
 offense, but simply to ascertain the facts in order to enable 
 the court to take such action as shall be for the best inter- 
 est of the child. 
 
 DOCUMENTS RELATING TO WORK OP PROBATION OFFICERS. 
 
 {Juvenile Court Blanks Nos. 11, 12, 13 and 14.) 
 
 Are intended for the use of probation officers in dis- 
 charging their duties under the law. Blank No. 11 is a 
 commission for probation officer; Blank No. 12 contains 
 the instructions issued to the probation officers of the Cook 
 County Juvenile Court by the Hon. Richard S. Tuthill, 
 judge of that court. 
 
 Blank No. 13 is a ** parole card" to be given to chil- 
 dren under parole for the information of such children 
 and their guardians with regard to their relations to the 
 probation officer; Blank No. 14 is a blank for the proba- 
 tion officer's report to the court relative to the cliild under 
 his charge. 
 
JUVENILE 
 
 COURT 
 
 BLANKS 
 
JUVENILE COURT BLANKS 
 
 The following blanks have received the approval of Hon. 
 R. S, Tuthill of the Juvenile Court of Chicago. They show 
 the mode of procedure whereby the children are brought 
 before the Juvenile Court of Cook County, Illinois, by 
 which the court obtains jurisdiction and information in 
 reference to children: 
 
 1. Petition — Dependent child. 
 
 2. Petition — Delinquent child. 
 
 3. History sheet (the history sheet is not jurisdictional, 
 but simply a memorandum to the court). 
 
 4. Summons. 
 
 5. Affidavit showing necessity for a \varrant. 
 
 6. Warrant. 
 
 7. Verdict of the jury (when a jury is required). 
 
 8. Order pardoning a delinquent child. 
 
 9. Decree — Dependent child. 
 
 10. Decree — Delinquent child. 
 
 11. Commission appointing probation officers. 
 
 12. instructions to probation officers by the court. 
 
 13. Parole card. 
 
 14. Report blank. 
 
 15. Filing on back of each blank. 
 
 Each of the above blanks is printed oh a separate sheet. 
 
 153 
 
154 JUVENILE COURT BLANKS. 
 
 (Juvenile Court Blank No. 1.) 
 
 PETITION— DEPENDENT CHILD. 
 
 STATE OF ILLINOIS, 
 
 COUNTY, ss. 
 
 IN CIRCUIT COURT OF COUNTY. 
 
 Term, 190.. 
 
 To the Honorable , 
 
 Judge of the Circuit Court of County. 
 
 Your petitioner, , a reputable 
 
 person and resident of said County, respectfully represents 
 
 unto Your Honor that a ,a& 
 
 bom on or about c , now being within said 
 
 County, is a Dependent Child, in this ; that d 
 
 the said a e 
 
 Your petitioner further represents that the said child 
 
 is in the custody or control of or with 
 
 residing at 
 
 that the father of said child is 
 
 and that his residence is .......... 
 
 that the mother of said child is .....-.: 
 
 and that her residence is 
 
 that the legal guardian of said child is 
 
 and that h — residence is 
 
 that a near relative of said child is . .,. . . . 
 
 and that h — residence is 
 
 Your petitioner further shows that the said named rela- 
 tives, to wit : 
 
 consents that said child may be taken away from 
 
 and committed to the care, education and training of some 
 suitable person or Association or Institution that has been 
 accredited according to law by the State Commissioners of 
 
JUVENILE COURT BLANKS. 155 
 
 Public Charities of the State of Illinois and also placed 
 under the guardianship of some suitable person to be 
 appointed by this Honorable Court. 
 Your petitioner further shows that said 
 
 of said child have wholly neglected, failed and refused and 
 do neglect, fail and refuse to properly care for said child, 
 and that they and each of them are unfit and improper 
 guardians and are wholly unable (or unwilling) to (a) care 
 for, protect, train, educate, control, or discipline said 
 child by reason whereof has become and is depend- 
 ent as aforesaid. 
 And that f < 
 
 Your petitioner prays that the said 
 
 and each of them and ALL WHOM IT MAY CONCERN, 
 who are hereby made parties defendant hereto, be required 
 to personally be and appear before this Honorable Court, 
 
 on the day of 19 at the hour 
 
 of M. and then and there have said child 
 
 in open Court, and show if they or either of them can, 
 why the said child should not be forthwith taken from 
 
 and thereafter be and remain a ward of this 
 
 Honorable Court, and committed to the care, education and 
 training of some suitable person, or Association or Insti- 
 tution, that has been accredited according to law by the 
 State Commissioners of Public Charities of the State of 
 Illinois and also awarded by this Court, to the guardian- 
 ship of some proper and suitable person. 
 
 And that upon the hearing of this cause, this Honorable 
 Court make such disposition of the custody of said child 
 as will best serve the interest of said child and the people 
 of the State of Illinois, in accordance with the statute in 
 such case made and provided and the defendants or 
 
 ■:>^m. 
 
156 JUVENILE COURT BLANKS. 
 
 some of them be ordered to pay a reasonable amount from 
 time to time for the support, maintenance and education 
 of said child 
 
 And that the Court appoint some proper and suitable 
 person guardian over the person of said child and 
 authorize and empower such guardian to assent to the legal 
 adoption of said child should any proceedings for its 
 adoption be commenced in any Court at any time during 
 her guardianship, without any notice to or assent by any 
 person other than such guardian of said child, and make 
 such other and further orders in this cause as to your 
 Honor shall seem meet according to equity and good con- 
 science and according to the statute in such case made 
 and provided. 
 
 May it please your Honors to grant unto your petitioner 
 the writ of summons issued out of Chancery directed to the 
 Sheriff or any Probation officer of said County therein 
 and thereby commanding him to summon the said 
 
 and ALL WHOM IT MAY CONCERN to personally be 
 
 and appear before this Honorable Court on the day 
 
 of 19 . . at the hour of M. 
 
 and that they then and there have said (d) 
 
 in open Court. 
 
 Attorney for Petitioner. 
 State of Illinois 
 County of Cook 
 ss. 
 
 _ being first duly sworn 
 
 deposes and says that affiant has read the above and fore- 
 going petition by affiant subscribed and knows the con- 
 tents thereof and that the same is true to the best of affi- 
 ant '5 knowledge and belief. 
 
JUVENILE COURT BLANKS. 157 
 
 Subscribed and sworn to before me 
 
 this day of A. D. 190. . 
 
 Clerk. 
 
 a Insert the name of the child. Spell accurately, b Insert "boy" 
 or "girl." c Insert date of birth as nearly as known, d Insert 
 "he" or "she." e Insert one or more facts constituting depend- 
 ency in exact words of Section I of the Statute; e. g.: 
 
 (1) Is not a permanent place of abode. 
 
 (2) Has not sufficient means of subsistence. 
 
 (3) Is in a poor house at, to-wit : 
 
 County and State aforesaid. 
 
 (4) Is now in a certain house of ill fame at, to-wit : 
 
 within the County and State aforesaid, but 
 
 is not an inmate thereof. 
 
 (5) Is now in a prison within 
 
 said County, and not charged with, or convicted of any 
 penal offence. 
 
 (6) Has not proper (a) parental care, (b) guardian- 
 ship. 
 
 (7) Is destitute, homeless and abandoned. 
 
 (8) Is dependent upon the public for support. 
 
 (9) Is living in a certain house of ill fame, at, to-wit: 
 within the said County. 
 
 (10) (a) lives, (b) consorts with certain vicious and 
 disreputable persons whose names are to petitioner un- 
 known. 
 
 (11) Has a home, which by reason of the (a) neglect, 
 
 (b) cruelty, (e) depravity of in whose care 
 
 said child is, has become and is an unfit place for said child. 
 
 (13) In the County aforesaid, on, to-wit: the 
 
 day of A. D. 19 . . and for a long time 
 
 prior thereto did go about and frequent (2) certain streets, 
 alleys, and other places for the purpose of (1) begging, 
 (2) receiving alms. 
 
 (14) In the County aforesaid did frequent the company 
 of certain (1) reputed thieves, (e) vicious persons, whose 
 names and residences are to petitioner unknown. 
 
158 JUVENILE COURT BLANKS. 
 
 (15) In the County aforesaid, on, to-wit: the day 
 
 of A. D. 19 . . did wander through 
 
 and about certain (a) streets and alleys, (b) public places. 
 
 (16) In the County aforesaid, while selling or pretend- 
 ing to sell in public did (a) beg, (b) receive alms. 
 
 (17) In the County aforesaid did habitually beg and 
 receive alms. 
 
 (Under 10 years old.) 
 
 (18) In the County aforesaid, on, to-wit: the 
 
 day of A. D. 19. ., did (a) beg, (b) 
 
 peddle (c) sell 
 
 (19) In the County aforesaid, on the public streets 
 
 and highways on, to-wit : the day of A. D, 
 
 19. . did (a) sing, (b) play a certain musical instrument. 
 
 (20) At in the County aforesaid, 
 
 on, to-wit: the day of A. D. 19. . 
 
 did give a public entertainment. 
 
 (21) In the County of Cook aforesaid (a) accompan- 
 ies, (b) is used in aid of, one who is engaged 
 
 in the business of, and is giving public entertainments. 
 
 Then insert particular facts, explaining the cause of depend- 
 ency, as stated, in the foregoing. 
 
 f Insert facts as to parentage or guardianship, accounting 
 fully for each of the parents of said child; stating reasons as to 
 each of the parents and guardian why he or she is unable or unfit 
 to care for the child. 
 
 Is unfit to have said child because, 
 
 (1) Is a vicious and depraved person. 
 
 (2) Has been and is living in a state of open and 
 notorious adultery (fornication). 
 
 (3) Is, and for the space of one year continuously im- 
 mediately preceding the filing of this petition herein, has 
 been an habitual drunkard. 
 
 (4) Did on or about the day of 
 
 19 . . strike the said child a violent blow with his fist and 
 
 did (a) 
 
 and on or about the day of 19. . he 
 
JUVENILE COURT BLANKS. 159 
 again (a) 
 
 and at divers other times he repeatedly and cruelly abused 
 and ill-treated the said child. 
 
 (5) Abandoned said child. 
 
 (6) On or about the day of 19. . 
 
 deserted said child and from thence until hitherto for a 
 period of more than six months continuously absented 
 from it. 
 
160 JUVENILE COURT BLANKS. 
 
 (Juvenile Court Blank No. 2.) 
 PETITION— DELINQUENT CHILD. 
 
 STATE OF ILLINOIS, 
 
 COUNTY, ss. 
 
 IN CIRCUIT COURT OF COUNTY. 
 
 Term, 190.. 
 
 To the Honorable 
 
 Judge of the Circuit Court of County. 
 
 Your petitioner, , a reputable 
 
 person and resident of said County, respectfully represents 
 
 unto Your Honor that a , a h 
 
 born on or about c , now being within said 
 
 County is a Delinquent Child, in this; that d .... 
 
 the said a e , 
 
 Second. Your petitioner further represents that the 
 
 said child is in the custody or control of or with (a) 
 
 residing at (b) 
 
 that the father of said child is (a) 
 
 and that his residence is (b) 
 
 that the mother of said child is (a) 
 
 and that her residence is (b) 
 
 that the legal guardian of said child is (a) 
 
 and that h — residence is (b) 
 
 that a near relative of said child is (c) 
 
 and that h — residence is (b) 
 
 that petitioner knows of no near relative of said child. 
 
 Third, Petitioner further represents that the above 
 named (a) parents, (b) father, (c) mother, (d) guardian, 
 (e) custodian, (f) near relative, consent that said child be 
 taken away from and committed to the 
 
JUVENILE COURT BLANKS. 161 
 
 care, education and training of some suitable person or any 
 Institution provided by the City, County or State or any 
 Association or Institution that has been accredited ac- 
 cording to law by the State Commissioners of Public 
 Charities of the State of Illinois and also placed under 
 the guardianship of some suitable person to be appointed 
 by this Honorable Court. 
 
 Fourth. Petitioner further shows that the said (a) 
 parents, (b) father, (c) mother, (d) guardian, (e) custo- 
 dian, (f) near relative of said child, are unequal to the 
 task and responsibility of controlling and correcting said 
 child and preventing her from repetitions of delinquency; 
 that they and each of them suffered and permitted the said 
 child to commit the acts herein above alleged against her 
 without hindrance, interference or restraint on their part, 
 thereby suffering said child to become delinquent; that 
 they (g) 
 
 that they and each of them are (a) 
 
 unfit, (b) improper guardians of said child and are (a) 
 unable, (b) unwilling to (a) care for, (b) protect, (c) 
 train, (d) educate, (e) control, (f) discipline, said child. 
 
 Fifth. Petitioner further represents that it is for the 
 interest of said child and of the People of the State of 
 Illinois that said child be taken from its (a) parents, (b) 
 father, (c) mother, (d) guardian, (e) custodian, (f) near 
 relative, and committed to the care, education and training 
 of some suitable person or any Institution provided by the 
 City, County or State or any Association or Institution that 
 has been accredited according to law by the State Commis- 
 sioners of Public Charities of the State of Illinois, and 
 also placed under the guardianship of some suitable person 
 to be appointed by this Honorable Court. 
 
 Sixth. Petitioner further represents that the said (a) 
 parents, (b) father, (c) mother, (d) legal guardian, (e) 
 
162 JUVENILE COURT BLANKS. 
 
 near relative are able to contribtue towards the support of 
 the said child. 
 
 Seventh. Petitioner prays that the said (a) 
 
 and each of them and ALL WHOM IT MAY CONCERN 
 who are hereby made parties defendant hereto be required 
 to personally be and appear before this Honorable Court 
 
 on the day of , 19 . . at the 
 
 hour of M. and then and there have said 
 
 child in open court, and show if they or either of them 
 can, why the said child should not forthwith be taken 
 
 from and thereafter be and remain a ward 
 
 of this Honorable Court, and committed to the care, edu- 
 cation and training of some suitable person or any Instil 
 tution provided by the City, County or State or any Asso- 
 ciation or Institution that has been accredited according 
 to law by the State Commissioners of Public Charities of 
 the State of Illinois and also to be awarded by this Court 
 to the guardianship of some proper and suitable person. 
 
 And that upon the hearing of this cause, this Honorable 
 Court make such disposition of the custody of said child 
 as will best serve the interest of said child and the People 
 of the State of Illinois, in accordance with the statute in such 
 case made and provided ; and that the defendants or some 
 of them be ordered to pay a reasonable amount from time 
 to time for the support, maintenance and education of 
 said child. 
 
 And that the Court appoint some proper and suitable 
 person, guardian over the person of said child and make 
 such other and further orders in this cause as to your 
 Honors shall seem meet according to equity and good con- 
 science and according to the Statute in such case made 
 and provided. 
 
 May it please your Honors to grant unto your petitioner 
 the writ of summons issued out of Chancery directed to 
 the Sheriff or any probation officer of said County therein 
 
JUVENILE COURT BLANKS. 163 
 
 and thereby commanding him to summon the said (a) . . . . 
 
 and ALL WHOM IT MAY CONCERN to 
 
 personally be and appear before this Honorable Court on 
 
 the day of , 
 
 190.. at the hour of M., and that they 
 
 then and there have said child in open court. 
 
 Petitioner. 
 
 Attorney for Petitioner. 
 
 STATE OF ILLINOIS, 
 
 COUNTY OF COOK, ss. 
 
 ,. being first 
 
 duly sworn, deposes and says that affiant has read the 
 above and foregoing petition by affiant subscribed and 
 knows the contents thereof and that the same is true to 
 the best of affiant's knowledge, information and belief. 
 
 Subscribed and sworn to before me 
 
 this day of A. D., 190. .. 
 
 Petition 
 
 Delinquent Girl. 
 
 First. After (a) insert the name of the child and 
 after (b) one or more of the following clauses. If there 
 are several causes of delinquency against the child in- 
 clude as many as you can prove and that best fits your 
 case. 
 
 (1) Did (setting out the offence in the language of 
 
 the statute) 
 
 contrary to and in violation of the 
 
 Statute in such case made and provided. 
 
 (2) Is incorrigible. 
 
164 JUVENILE COURT BLANKS. 
 
 (3) And at divers other times did knowingly and will- 
 fully associate with (a) thieves, (b) vicious and immoral 
 persons. 
 
 (4) Did without just cause therefore and without the 
 consent of his (a) parents, (b) guardian, (e) custodian 
 absent himself from his home or place of abode. 
 
 (5) Did knowingly frequent a certain (a) house of 
 ill-repute, (b) policy shop, (c) place where a gaming device 
 was then and there operated. 
 
 (6) And at divers other times did frequent a certain 
 (a) saloon, (b) dram shop where intoxicating liquors were 
 then and there sold. 
 
 (7) And at divers others times did patronize a certain 
 (a) public pool room, (b) bucket shop. 
 
 (8) Was wandering around in certain streets of the 
 in said County, in the night time with- 
 out being then and there on any lawful business or occu- 
 pation. 
 
 (9) And at divers others times habitually (a) wand- 
 ered about certain railroad tracks and yards, (b) attempted 
 to and did jump onto a moving train. 
 
 (10) Did without any lawful authority enter into a 
 certain (a) car, (b) engine. 
 
 (11) And at divers other times did habitually use 
 (a) vile, (b) obscene, (c) vulgar, (d) profane, (e) inde- 
 cent langage, in and about a certain (a) public place, (b) 
 school house. 
 
 (12) Said child did then and there conduct himself in 
 an immoral, indecent and lascivious manner. 
 
 Second. Strike out of the lettered words all whose 
 names have not been given in the second paragraph. After 
 (g) insert any specific charge which you may have, show- 
 ing the unfitness of the parents or guardian, etc. Of the 
 lettered words after (g) leave only such as fit your case 
 and strike out the rest. 
 
JUVENILE COURT BLANKS. 165 
 
 Third. This paragraph should be stricken out where 
 none of the parties are able to contribute. 
 
 Strike out all parts of the petition that does not fit your 
 case. 
 
 Insert the date and hour at which you want the sum- 
 mons returnable, which can be any time not less than one 
 day after service could be had on the parties. 
 
166 JUVENILE COURT BLANKS. 
 
 (Juvenile Court Blank No. 3.) 
 HISTORY SHEET. 
 
 Name of child date or birth, as near 
 
 as known Name and address of present custodian 
 
 Father's name and address 
 
 , Where born 
 
 , Creed Mother's name and address 
 
 I •• 
 
 Where born 
 
 Creed Name and address of legal guardian, 
 
 if any Father's occupation and 
 
 income Mother's occupation and in- 
 come 
 
 Attends what school Teacher's name 
 
 State of health Physician 
 
 If the child has ever been arrested, give particulars and 
 dates 
 
 Give previous history and particulars relating to home 
 life of child, with causes of Dependency and Delinquency. . 
 
 I certify that the foregoing History is correct to the best 
 of my knowledge and belief. 
 
 , Probation Officer. 
 
 The History Sheet should be filled out in advance and should 
 be furnished to the Judge at the time of the trial for his in- 
 formation. 
 
 Additional facts brought out on the trial should be filled in by 
 the Probation OflScer at the close of the trial. 
 
 Great pains should be taken to secure correct spelling of names. 
 
JUVENILE COURT BLANKS. 167 
 
 SUMMONS. 
 
 State of Illinois, 
 Cook County. 
 
 IN THE CIRCUIT COUHT OF 
 COOK COUNTY. 
 
 To the People of the State of Illinois, 
 To the Sheriff of Cook County— GREETING : 
 WE COMMAND that you summon 
 
 and all whom it may concern, if he shall be found in 
 your County, personally to be and appear before the 
 Circuit Court of Cook County, before the Honorable 
 
 •> one of the Judges 
 
 thereof, designated to hold and holding Juvenile Court 
 
 thereof, in Chicago, in the said County of Cook, on 
 
 190.. at o'clock , to answer 
 
 unto the petition of 
 
 heretofore filed in the office of the Clerk of said Court, 
 
 alleging that now in 
 
 the custody and control of the said 
 
 is a dependent delinquent child and 
 
 that he then and there have the said child in open Court. 
 
 And have you then and there this Writ, with an en- 
 dorsement thereon in what manner you shall have executed 
 the same. 
 
 WITNESS Joseph E. Bidwell, Jr., Clerk of the said 
 
 Court, and the seal thereof, this day of 
 
 ,190... 
 
 (SEAL) . 
 
 Clerk. 
 
 SERVED THIS WRIT OF the within named 
 
 by reading the same to 
 
 and at the same time delivering a copy 
 
168 JUVENILE COURT BLANKS. 
 
 thereof to this day 
 
 of , 190... 
 
 The other within named defendants not found in my 
 county. 
 
 INSTRUCTIONS. 
 
 If "all whom it may concern" are not made parties to 
 the petition in section 7 and 8 thereof strike it out from 
 the summons. 
 
 If all parties are served strike out the last part of the 
 endorsement. 
 
 If there are parties by the designation of "all whom it 
 may concern" leave the last part of the endorsement on. 
 
JUVENILE COURT BLANKS. 169 
 
 (Juvenile Court Blank No. 5.) 
 
 AFFIDAVIT SHOWING NECESSITY FOR A 
 WARRANT. 
 
 STATE OF ILLINOIS, 
 SS. 
 COUNTY. 
 
 In the Court of County. 
 
 In the matter of 
 
 Alleged dependent (or delinquent). 
 
 being duly sworn, according to law, on 
 
 oath says, that a petition has been filed according to "An 
 Act" to regulate the treatment and control of dependent, 
 neglected and delinquent children. Approved April 21st, 
 1899. Alleging that the above named child is a dependent 
 (or delinquent) child. 
 
 That this affiant believes and so states the fact to be that 
 the service of a notice or summons wiU be ineffectual to 
 secure the presence of said child in court, 
 a. 
 
 And therefore asks that a warrant issue pursuant to the 
 provisions of the act aforesaid for the aforesaid child, fath- 
 er, mother. 
 
 Subscribed and sworn to before me this day of 
 
 A. D., 190.. 
 
 Clerk. 
 
170 JUVENILE COURT BLANKS. 
 
 (Juvenile Court Blank No. 6.) 
 
 WARRANT— PARENT, GUARDIAN, CUSTODIAN OR 
 CHILD. 
 
 STATE OF ILLINOIS, 
 
 COUNTY OF ss. 
 
 IN THE COURT OF COUNTY. 
 
 The People of the State of Illinois, 
 
 To the Sheriff of said County of 
 
 Greeting : 
 
 Whereas, It has been represented to the Hon 
 
 Judge of this court, by in a 
 
 petition duly verified, that 
 
 is believed to be and whereas said Judge has 
 
 appointed the hearing of said petition for the day 
 
 of A. D., 190. ., at M. 
 
 You are therefore hereby commanded to take said 
 
 and to have on the 
 
 day of A. D., 190. ., at M., before 
 
 the Court, and then and there to await and 
 
 abide the result of the trial. 
 
 And have you then and there this writ, and make due 
 service as the law directs. 
 
 [seal. 
 
 Judge of the Court. 
 
 Witness Clerk of our Court, and the seal of 
 
 said Court at in said County, this 
 
 day of A. D., 190.. 
 
 Clerk. 
 
JUVENILE COURT BLANKS. 171 
 
 (Juvenile Court Blank No. 7.) 
 VERDICT OF JURY. 
 
 STATE OF ILLINOIS, 
 
 COUNTY OF ss. 
 
 We, the undersigned jurors, in the case of a. 
 
 who is alleged to be & . . , child, 
 
 having heard the evidence in the case, find that the said o 
 
 is a d child ; that e age 
 
 is / years, and that the other material facts set 
 
 forth in the petition filed herein are true. 
 
 Jurors. 
 Illinois 190 
 
172 JUVENILE COURT BLANKS. 
 
 (Juvenile Court Blank No. 8.) 
 
 ORDER PAROLING A DELINQUENT CHILD. 
 
 CIRCUIT COURT OF COOK COUNTY, ILLINOIS. 
 (Juvenile Court.) 
 A. D. 190.. 
 
 ORDER. 
 
 In the matter of 
 
 Juvenile Docket No 
 
 This matter coming on to be heard upon the petition filed 
 herein, and it appearing to the Court that all persons in- 
 terested herein have had due notice of this proceeding ac- 
 cording to the statute in such cases made and provided, and 
 the Court now here having jurisdiction of the subject mat- 
 ter and of the parties, and after hearing all the evidence 
 adduced and being fully advised in the premises, finds that 
 
 the said is, as 
 
 alleged in the petition, a delinquent 
 
 of the age of about years. 
 
 Therefore it is considered and adjudged by the Court 
 
 that the said be and that. 
 
 remain a Ward of this Court and that 
 
 be permitted to go hence subject to the visitation of 
 
 , a Probation Officer of this Court, who 
 
 is hereby appointed to have charge and care of 
 
 to look after welfare and education, and as such 
 
 Probation Officer, from time to time, as the Court shall 
 direct, report to the Court as to the conduct and condition 
 of the aforesaid Ward. 
 
JUVENILE COURT BLANKS. 178 
 
 (Juvenile Court Blank No. 9.) 
 
 DECREE DEPENDENT 
 
 STATE OF ILLINOIS, 
 
 ...' COUNTY, ss. 
 
 IN COURT OF COUNTY. 
 
 Term, 190.. 
 
 In the matter of , a dependent child, 
 
 before the Honorable Judge of said Court. 
 
 This matter coming on to be heard upon the duly verified 
 petition filed by , a reputable person be- 
 ing a resident in said County; and it appearing to the 
 Court that all persons interested herein have due notice of 
 this proceeding, according to the Statute, in such cases 
 
 made and provided ; and the 
 
 of said child, and the said child being present a. . .. 
 
 It is ordered that a Jury come, whereupon come the Jup 
 ors of a Jury of six good and lawful men, to-wit : 
 
 who are duly elected, tried and sworn well and truly to try 
 the issues joined and a true verdict render, according to 
 the evidence; and after hearing all the evidence adduced 
 and the arguments of counsel, say : We, the Jurors in the 
 case of who is alleged to be a depend- 
 ent , find that the said is a dependent 
 
 ; that was born on or about the 
 
 day of and that the other material 
 
 facts sets forth in the petition filed herein are true. 
 
 And Thereupon the Court Finds that the said child, 
 being under the age of sixteen years, is a neglected (de- 
 pendent) child for the reason that 6 
 
174 JUVENILE COURT BLANKS. 
 
 And the Court Further Finds that the father of the said 
 
 child, named , and who is said to reside at 
 
 is c 
 
 That the mother of said child, named 
 
 and who is said to reside at is d 
 
 The Court further finds that all the allegations in the 
 petition herein are true and proven as therein alleged. 
 
 It is therefore ordered, adjudged and decreed that said 
 
 be and he is hereby committed 
 
 to 
 
 subject to the rules and laws that may be in force from 
 time to time governing such Institution or Association, 
 
 and that the 
 
 of said child be and he is hereby appointed guardian over 
 the person of said child and he is hereby ordered and 
 directed to place such child in (with) said Institution, 
 and to hold said child, care for, train and educate him 
 until he arrive at the age of twenty-one years, or until 
 
 sooner discharged according to law, and said 
 
 as guardian over the person of said child is hereby author- 
 ized and empowered without any further order of this 
 Court for that purpose, to assent to the legal adoption 
 of said child, should any proceedings for his legal adoption 
 be commenced in any Court, at any time during this 
 guardianship, and that such assent be given without any 
 notice to or consent by any other person other than such 
 guardian. 
 It is further ordered, adjudged and decreed that the 
 
 defendant do pay to said guardian 
 
 for said Institution the sum of $ per each 
 
 and every beginning with the day 
 
JUVENILE COURT BLANKS. 175 
 
 of , 190.. for the support, maintenance 
 
 and education of said child until the further order of 
 
 this Court or until by law is no longer 
 
 liable to contribute to his support, maintenance or edu- 
 cation. 
 
 And the Court hereby retains jurisdiction of this cause 
 for the purpose of making such further or other orders 
 herein for the welfare of said child as may from time 
 to time be found to be in accordance with equity and in 
 accordance with the statute in such case made and pro- 
 vided. 
 
 ENTER 
 
 Judge of the Circuit Court (Juvenile 
 Court) of Cook County. 
 
 a If parent, guardian or relative was present in Court and 
 waived notice, state that fact here. 
 
 6 Here state the facts constituting dependency or neglect, in 
 the exact words of the Statute, and also as alleged in the petition 
 and proven, which must conform to the statute, e. g., he or she 
 "is destitute;" or "is homeless;" or "is ahandoned;" or "is de- 
 pendent on the public for support;" or "has not proper parental 
 care or guardianship;" or "habitually begs or receives alms;" or 
 "was found living with a vicious or disreputable person," etc. 
 
 c Insert facts showing why the father is unable or unfit to care 
 for the child; e. g., "dead;" or "a drunkard;" or "insane;" or 
 "in prison." 
 
 d Insert facts showing why the mother is unable or unfit to 
 care for the child; e. g., "an invalid;" or "in the County poor 
 house;" "feeble-minded;" or "residing in a disreputable house;" 
 etc. 
 
 e See Section 13 of an act to regulate the treatment and con- 
 trol of dependent, neglected or delinquent children, as amended 
 in 1907. 
 
176 JUVEJNILE COURT BLANKS. 
 
 (Juvenile Court Blank No. 10.) 
 DECREE, DELINQUENT CHILD. 
 IN THE MATTER OF 
 
 DELINQ:UENT CHILD. •■' ^ I JUVENILE NO. 
 
 This cause now coming on to be heard upon the petition 
 
 filed herein, taken as confessed by 
 
 and all whom it may concern and 
 
 the appearance and answer of the defendants 
 
 and the child being now here 
 
 in open Court in h — own proper person as well as by 
 
 h — counsel, the person heretofore appointed 
 
 to repreesnt h — and 
 
 being also herein in open Court, and the Court having 
 heard all the evidence adduced and having heard the argu- 
 ments of counsel and being fully advised in the premises, 
 finds: 
 
 That it has jurisdiction of all the parties to this cause 
 and the subject matter hereof, that the said petitioner is 
 a reputable person, and a resident in the County of Cook 
 
 and State of Illinois, and that 
 
 is a person under the age of eighteen 
 
 years, and of the age of years, on the 
 
 day of 190 . . , now within 
 
 said County and not an inmate of a State Institution in- 
 corporated under the laws of this State and is a delinquent 
 
 child in this, that, in the County aforesaid, on the 
 
 day of A. D. 190. . said child 
 
 .as alleged in the petition herein. 
 
JUVENILE COURT BLANKS. 177 
 
 The Court further finds that the above named defend- 
 ants 
 
 consent that said child be taken away from them and 
 committed to the care, education and training of some 
 suitable person or any Institution provided by the City, 
 County or State or Association or Institution that has been 
 accredited according to law by the State Commissioners 
 of Public Charities of the State of Illinois and also placed 
 under the guardianship of some suitable person to be ap- 
 pointed by this Court. 
 
 And the Court further finds that the above named 
 defendants 
 
 of said child and each of them are unequal to the task 
 and responsibility of controlling and correcting said child 
 and preventing h — from repetitions of delinquency; that 
 they and each of them suffered and permitted the said 
 child to commit the acts herein above alleged against h — 
 without proper hindrance, interference or restraint on 
 their part thereby suffering said child to become delin- 
 quent ; 
 
 that they and each of 
 
 them are unfit, improper guardians of said child, and are 
 wholly unable and unwilling to care for, protect, train, 
 educate, control and discipline said child. 
 
 The Court further finds that it is for the interest of said 
 child and of the People of the State of Illinois that said 
 child be taken from its parents, father, mother, guardian, 
 custodian, or near relative and committed to the care, edu- 
 cation and training of some suitable person or any Insti- 
 tution provided by the City, County or State or Associa- 
 tion or Institution that has been accredited according to 
 law by the State Commissioners of Public Charities of 
 the State of Illinois and also that she be placed under the 
 
178 JUVENILE COURT BLANKS. 
 
 guardianship of some suitable person to be appointed 
 by this Court. 
 
 The Court further finds that the said (a) father, (b) 
 mother, (e) guardian, (d) near relative of said child is able 
 to contribute towards the support of the said child. 
 
 The Court further finds that all the allegations in the 
 petition herein are true and proven as therein alleged. 
 
 It is therefore ordered, adjudged and decreed that said 
 
 be and she is hereby committed 
 
 to , 
 
 Subject to the rules and laws that may be in force from 
 time to time governing such institution or association, and 
 
 that the 
 
 of said Institution, be and he is hereby appointed 
 guardian over the person of said child, and he is hereby 
 ordered and directed to place said child in (with) said 
 Institution and to hold said child, care for, train and 
 educate it until it arrive at the age of twenty-one years, 
 or until sooner discharged according to law. 
 
 It is further ordered, adjudged and decreed that the 
 
 defendant do pay to said 
 
 guardian for said Institution the sum of $ per 
 
 each and every beginning 
 
 with the day of 190. . 
 
 for the support of said child until the further order of 
 
 this Court or until by law is no longer 
 
 liable to contribute to her support. 
 
 And the Court hereby retains jurisdiction of this cause 
 for the purpose of making such further or other orders 
 herein for the welfare of said child as may from time to 
 time be found to be in accordance with equity and in 
 
JUVENILE COURT BLANKS. 179 
 
 accordance with the statute in such case made and pro- 
 vided. 
 
 ENTER 
 
 Judge of the Circuit Court (Juvenile Court) of Cook 
 County. 
 
180 JUVENILE COURT BLANKS. 
 
 (Juvenile Court Blank No. 11.) 
 
 COMMISSION OF PROBATION OFFICER. 
 
 In the Circuit Court of Said County (Juvenile). 
 State of Illinois, County of Cook, ss. 
 
 To 
 
 Placing special trust and confidence in your character, 
 ability, discretion, humanity and faithfulness, under and 
 by virtue of an act entitled "An Act to regulate the treat- 
 ment and control of dependent neglected and delinquent 
 Children," passed by the general assembly of the state of 
 Illinois, and approved April 22, 1899, in force July 1, 1899, 
 I hereby appoint and designate you to serve as a probation 
 officer of said court during the pleasure of the court. As 
 such probation officer you will be expected to familiarize 
 yourself with the provisions of said law, and at all times to 
 strictly comply with the same and with the instructions of 
 the court as given you from time to time. 
 
 Witness my hand and the seal of said court this the 
 
 day of , A. D 
 
 > 
 
 Judge of the Juvenile Court. 
 Attest : 
 
 » 
 
 Clerk of said Court. 
 
JUVENILE COURT BLANKS. 181 
 
 (Juvenile Court Blank No. 12.) 
 
 INSTRUCTIONS TO PROBATION OFFICERS BY 
 JUVENILE COURT. 
 
 In appointing probation officers, the court places a special 
 reliance upon the faithfulness and wisdom of the persons so 
 designated. There is no more important work than that of 
 saving children, and much will depend upon your faithful- 
 ness. 
 
 This appointment is made under the provisions of a law 
 enacted by the legislature of 1899. Your attention is par- 
 ticularly called to the last section of that act [section 21], 
 which declares the purpose of the law, as follows: 
 
 ' ' This act shall be liberally construed to the end that its 
 purpose may be carried out, to-wit: that the care, custody 
 and discipline of a child shall approximate as nearly as 
 may be that which should be given by its parents, and in 
 all cases where it can be properly done, the child be placed 
 in an approved family home and become a member of the 
 family by legal adoption or otherwise." 
 
 It will be the endeavor of the court to carry out both the 
 letter and the spirit of this act, and to this end the court 
 will have in mind the following considerations, in the order 
 named : 
 
 First. The welfare and interests of the child. It is the 
 desire of the court to save the child from neglect and cru- 
 elty, and also to save it from the danger of becoming a crim- 
 inal or a dependent. 
 
 Second. The welfare of the community. The most prac- 
 tical way of lessening the burdens of taxation and the loss 
 of property through the ravages of the crime class is by the 
 prevention of pauperism and crime. Experience proves 
 that the easiest and most effective way of doing this is by 
 taking hold of the children while they are young — the 
 younger the better. 
 
 Third. The interests and feelings of parents and rela- 
 
182 JUVENILE COURT BLANKS. 
 
 tives. It is right and necessary that parental affection 
 should be respected, so far as this can be done without sac- 
 rificing the best interests of the child and without exposing 
 the community to unnecessary damage. 
 
 Dependents and delinquents. The law divides children 
 into two classes, dependents and delinquents. Cases of 
 both classes will be referred to you: [a] For investigation, 
 pending action of the court; [b] for temporary supervis- 
 ion, pending action of the court; [c] for supervision after 
 action by the court. 
 
 [a] Investigation. When cases are referred for inves- 
 tigation, you will be expected to make personal inquiry into 
 the facts of the case, with a view to assist the court in decid- 
 ing what ought to be done. To this end it will be necessary 
 to record the history and the circumstances of the child as 
 fully as possible, and blanks wiU be provided for this pur- 
 pose. The court will desire to ascertain the character, dis- 
 position and tendencies and school record of the child ; also 
 the character of the parents and their capability for govern- 
 ing and supporting the child, together with the character 
 of the home as to comforts, surroundings, inmates, etc. 
 
 This information will be obtained in your own way, from 
 the child, from the parents, neighbors, teachers, clergymen, 
 police officers, and from the records of the poor department, 
 the police department and the various charitable agencies. 
 
 The court will wish to determine from these inquiries 
 whether the child should be separated from its parents, 
 guardian or custodian; if so, whether it should be com- 
 mitted to the care and guardianship of some individual 
 or of some suitable association, or to some suitable insti- 
 tution. The court will not ordinarily separate children 
 from their parents unless: [a] The parents are criminal; 
 [b] the parents are vicious or grossly cruel ; [c] the parents 
 are entirely unable to support the children; [d] the home 
 is in such condition as to make it extremely probable that 
 the child will grow up to be vicious or dependent. 
 
JUVENILE COURT BLANKS. 183 
 
 This court can not be used as a convenience for the pur- 
 pose of relieving parents or relatives from their natural 
 obligations. Even in the case of illegitimate children the 
 question will be carefully considered whether the mother 
 and child ought not to be kept together, at least for the 
 time being. 
 
 [b] Temporary care. The law forbids the keeping of 
 any child in any jail or police station. A place of deten- 
 tion for children, under the care of the court, will be pro- 
 vided, but it is the desire of the court to avoid congrega- 
 ting children even in this temporary home. Whenever 
 practicable, therefore, the child will be left in the care of 
 parents or of some suitable family, under the supervision 
 of the probation officer, pending the final action of the 
 court. In your investigations you will have in mind the 
 question whether the child can be suitably eared for in 
 his own home and, if not, whether a suitable temporary 
 home can be secured without expense. 
 
 [c] Supervision after action of the court. The law 
 makes it the duty of the court, as far as possible, to locate 
 its young wards, both dependents and delinquents, in family 
 homes. "Wlhen practicable, the child will be remanded to 
 its parents, or will be placed directly in the family of some 
 suitable citizen. In such cases the probation officer will be 
 expected to maintain a careful oversight of the child, either 
 by personal visits at freqeunt intervals or by written 
 reports from the parent or custodian. All visits to wards 
 of the court will be reported on blanks provided for that 
 purpose. 
 
 You will please familiarize yourself thoroughly with the 
 new law, and will apply to the court for such instructions 
 or information as you may need from time to time. 
 
 'Judge of the 'Juvenile Court. 
 
184 JUVENILE COURT BLANKS. 
 
 (Juvenile Court Blank No. 13.) 
 
 PAROLE CARD. 
 
 Chicago, Cook County, Illinois. 
 
 Circuit Court (Juvenile). 
 
 Case No 
 
 Name of Ward 
 
 Father's Name 
 
 Address 
 
 Time to Report 
 
 Place to report 
 
 Probation Officer. 
 
 PAROLE CARD. 
 
 Circuit Court in the Juvenile Court. 
 State of Illinois, Cook County, ss. 
 To 
 
 Upon a petition filed in the above court you were on the . . 
 
 day of A. D. 190 . . , adjudged to be a ward 
 
 of said court and as such subject to the orders of this court. 
 
 was duly appointed as probation 
 
 officer to have charge and care of you and to look after your 
 welfare and education, and as such, from time to time, to 
 make report as to your conduct and condition. 
 
 In order that this supervision may be helpful to the 
 court and to you, you are required to report in person to 
 
 the said , probation officer at such times and 
 
 place as ... . shall direct. 
 
 Judge of the Juvenile Court. 
 
JUVENILE COURT BLANK 186 
 
 (Juvenile Court Blank No. 14.) 
 REPORT BLANK BY PROBATION OFFICERS. 
 
 Case No 
 
 State of Illinois, County of Cook. 
 
 Circuit Court. 
 (Juvenile.) 
 Name. 
 
 Address. 
 
 Name of Father. 
 
 Name of Mother. 
 
 Report for ending 
 
 No. visits during month to the child. From the child. 
 
 Habits of parents. 
 
 Character of neighborhood. 
 
 Does the child attend church? 
 
 Where ? 
 
 Is the child at work? 
 
 Name and address of employer. 
 
 Character of emplojnnent. 
 
186 JUVENILE COURT BLANK 
 
 Is the child at school? 
 
 Name of school and teacher. 
 
 Teacher's report. 
 
 Number of days absent during the month. 
 
 Reasons for absence were. 
 
 Conduct at school. Progress. 
 
 Suggestions, if any, made to parents. 
 
 Recommendations to the court. 
 
 , Probation Officer. 
 
 Date, 190. . 
 
JUVENILE COURT BLANK 187 
 
 Case No 
 
 CIRCUIT COURT OF COOK COUNTY. 
 (JUVENILE.) 
 
 In the matter of. 
 
 A 
 
 B 
 
 Filed this day of A. D. 190. 
 
 , Clerk. 
 
 , Attorney. 
 
 A Dependent or Delinquent boy or girl, 
 B Name of Blank. 
 
 The above filing may be used for all blanks. Print on 
 back of each blank: 
 
ILLINOIS ADULT DELINQUENT LAW 
 
 DELINQUENT CHILD— LIABILITY OF PARENT OR 
 GUARDIAN. 
 
 1. Parent or guardian liable — penalty — 
 suspension of sentence — release. 
 
 APPROVED May 13, 1905. 
 AN ACT to provide for the punishment of persons respon- 
 sible for, or directly promoting or contributing to, the 
 conditions that render a child dependent, neglected or 
 delinquent, and to provide for suspension of sentence and 
 release on probation in such cases. 
 Section 1. Be it enacted hy the People of the State of 
 Illinois, represented in the General Assembly: Any par- 
 ent or parents, or legal guardian, or person having the cus- 
 tody of any dependent, neglected or delinquent child, as 
 defined by the statutes of this State, or any other person 
 who shall knowingly or wilfully encourage, aid, cause, abet 
 or connive at such state of dependency, neglect or delin- 
 quency, or shall knowingly or wilfully do any act or acts 
 that directly produce, promote or contribute to, the eondi- 
 ditions which render such child a dependent, neglected or 
 delinquent child as so defined, or who, having the custody 
 of such child, shall, when able to do so, wilfully neglect 
 to do that which will directly tend to prevent such state 
 of dependency, neglect or delinquency, or to remove the 
 conditions which render such child either a neglected, de- 
 pendent or delinquent child, as aforesaid, shall be deemed 
 guilty of a misdemeanor, and on conviction thereof shall 
 be punished by a fine of not more than two hundred 
 188 
 
ILLINOIS ADULT DELINQUENT LAW. 189 
 
 dollars, or by imprisonment in the county jail, house of 
 correction, or workhouse, for not more than twelve months, 
 or both by such fine and imprisonment: Provided, that 
 instead of imposing the punishment hereinbefore provided, 
 the court shall have the power to enter an order sus- 
 pending sentence and releasing the defendant from custody, 
 on probation, for the space of one year, upon his or her 
 entering into a recognizance, with or without sureties, in 
 such sums as the court may direct. The condition of the 
 recognizance shall be such that if the defendant shall make 
 his or her personal appearance in court whenever ordered 
 to do so within a year, and shall provide and care for such 
 dependent, neglected or delinquent child in such manner 
 as to prevent a continuance or repetition of such state of 
 dependency, neglect or delinquency, or as otherwise may 
 be directed by the court, and shall further comply with 
 the terms of such order, then the recognizance shall be 
 void, otherwise of full force and effect. If the court be 
 satisfied, by information and due proof under oath, that 
 at any time during the year, the defendant has violated 
 the terms of such order, it may forthwith revoke such 
 order and sentence him or her under the original convic- 
 tion. Unless so sentenced, the defendant shall, at the end 
 of such year, be discharged and such conviction shall 
 become void 
 
 APPROVED May 13, 1905. 
 
SUBSCRIBE FOR 
 
 Juvenile Court Record 
 
 Published Monthly. - $1 per Year 
 
 79 DEARBORN STREET, CHICAGO 
 T:ID. hurley, Editor 
 
 WILL INTEREST YOU 
 
 BECAUSE: 
 
 It publishes news in respect to Juvenile 
 Courts throughout the country. 
 
 It advocates good laws for Children. 
 
 It presents matters of interest to all inter- 
 ested in dependent, neglected and delin- 
 quent children. 
 
 SEND FOR SAMPLE COPY 
 
 Published by 
 
 VISITATION AND AID SOCIETY 
 
 Office: Unity Building, CHICAGO 
 Eastern Office: Madison Bulding, New York City. 
 

 DATE DUE 
 
 
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