Show JUVENILE COURT OURT COURTIs I IS UNDER FIRE EIRE Constitutionality of Law Up on o B 1 beas Corpus Action BOY OF SEVEN SEVE J IS THE TEST CLAIM THAT JUDGE WILLIS BROWN IS DISQUALIFIED Julia Booth mother or of Bonnie Booth tIle the boy e corn m to the state school bY JUdge Brown In the juvenile court ourt Y yesterday tiled flied in the office of the clerk dErk of the district court a petition for fora a writ of habeas habs In iii which the Jaw aw establishing the juvenile court is 11 alleged to be and JUdge Brown is ig averred to be lied fled to hold the office or oE judge judie by of not being a citizen of the state of Etab The petition which was WS prepared by Attorney Ray Bay Van Colt Cott is to Judge George G g When hen to him he l a writ rit re returnable tunable at 10 a m n Wednesday May Mayi i at which time the youthful prisoner oner ill be brought Into court It LM is recited in the petition that the petitioner is the r of the sid said Bennie Booth who is a 8 minor child of the age of seven years who is lInlaw I tuny restrained of his liberty by E M 11 MAllison Allison Sr superintendent of the state Industrial industrIa school at Ogden T The e cause or pretense or of said detention nent ment and restraint i is given iven according t to the bt best knowledge information and lUe of t the petitioner a a an d Illegal process towi a commitment based ed upon nit an alleged jud Judgment ron ren deed dered by the juvenile cur court of Sl St Lako e C ty Utah th on the th h day or of y 1905 Why Detention Is Illegal Te The detention and confinement of the they y ae are sd said in the petition to b be i It legal fo for the following reasons the act of tl tho of Utah chapter 17 or of th the session laws lawn of r 19 1905 creatIng juvenil curt courts s and ap approved approved proved the day of llarch March J IWi and onder which Bonnie Booth was tr tried and sentenced nten h Is unconstitutional tonal and voi void Second Bat Because tl the lo lion Willis Erow rown who tr tried convicted an and sn non sid said Bonnie nnie Booth a as judge o of said court ourt Is no not an and w was not at the time or of sid said trl trial conviction an and non tence or at aU all a qualified elector to ot tilt state tte of an and h hence was din to si sit o or ac act a as skI said crt sid said Benni Bonnie Bh Booth Was as and is of committing any any crime offense or known to the law a Fourth si said Bonnie R Bh Booth cas a never eha e by a sworn legal or with any of or delinquency known tu to the mw lw I th the complaint which sk said Bonnie Bh Booth was as an and sentenced was filed in si saki crt the alleged complaint c d 1 not state facts sufficient to C eon a public offense o or any oe offense ili said curt court had no over th the said i Beside Booth or t th W alleged offense Eighth BU Because said i Curt court hd had no to try convict or commIt Booth th the al alleged 4 c complaint pint tf tc ore order of conviction ion a audi the theu u lf c I commitment are an and ech each or of oft t Tn m is void and in of and andr c r t ry to article 8 8 HUon sectIon 1 18 of the of the state of Utah o T nth w ti the inC ln under r T sai said Bonnie Booth was a tre tried nidd n 1 td and committed are contrary t ml in of article I 1 sectIons tos 7 1 1 1 and m 1 of th the constitution of th tate state of Pt Utah h tenie Bh Booth was sent to th the reform r ho to remain until he heh heis is h years of K age or of orL L to kep keep his J promise Oui to shun bd bad n and to reform hi his conduct lf IJ had ben been before the juvenil juvenile curt court CT TI the h e of smoking cigarettes J 1 doing other thing things that a child i more th than n out of the cradle good gooi not d do awl ant he promised to b be |