Show J 4 SAFE FROM HIVE HAn HIVES S Supreme Court Will Not Wot Inter Interfere Interfere Interfere fere in Case of Forty Orphan Children Sent to Arizona ACT OF CITIZENS UPHELD OPINION HANDED DOWN BY JUS JUSTICE JUSTICE JUSTIC TICE TIC DAY Washington Dec 3 IThe The supreme court of the United States dismissed to toay flay ilay ay for want of jurisdiction juri the case of Dr the New York Foundling hospital vs John rohn C Gatti Gattl This decision revived the story of about forty orphan children sent from New York to Arizona in 1904 1901 which at the time received much atten attention attention tion Lion at the hands of the public The Effect of the decision which was deter determined determined determined mined by Justice Day is to leave in effect the decision of the Arizona su supreme court which was favorable to preme Satti attI The case brought out the fact that In October 1904 a special car containing forty foundlings from the hospital in intended Intended Intended tended for the neighboring towns of Clifton litton and Morenci Ariz arrived at atthe atthe atthe the former place Promise Was Broken The children were wele in the charge of r three sisters of charity charlt but were turned over to the local priest in pursuance of ofa ofa ofa a request he had Imd made to have the children sent out In that reQuest he had said that respectable educated Spanish h families desired them for adoption adoption adoption tion They were immediately distributed distributed distributed throughout the two towns but Instead of being given to reputable peo pen people people penk k pie as the priest had promised the American residents of the place charged that the recipients were of the lowest class of Mexicans and wholly unfit to care for the children of whom they were to become the foster parents j Citizens Acted Promptly tJ They accordingly organized a mass meeting and appointed committees to devise ways and means with the re result result reI I sult suit that the children were one and all taken talen bodily from their guardians after remaining with them Ulem for only one night ni ht and adopted by the Americans The Arizona courts found much difficulty in dealing with the case but they sus sustained sustained tamed the course of the citizens and In Indorsed indorsed Indorsed their retention of the children The Th sisters of charity who control the hospital sought to have the little ones restored to their custody In order that they might take them back to New NewYork NewYork NewYork York The case acted on today involved the custody of ot only one child but it has been agreed that the decision in inthis inthis inthis this case should control in all the others consequently all the children will willbe willbe willbe be left in Arizona Justice Days Opinion The decision of the case turned en entirely entirely on the thee question as to whether 4 the personal freedom freedm of the children I had been violated and the court held that such was not the case Speaking on that th point in th J case of William Norton one of the children Justice Day said There was no attempt illegally to toJ J wrest the custody of the child from its lawful guardian while in Arizona The society voluntarily took the child there therewith therewith therewith with the intention that it should re remain remain main Through imposition the child was placed In custody of those unfit to maintain control over it It was with within in the jurisdiction of the court under the circumstances that rival claimants of the right of custody custod might involve J the jurisdiction of a court of compe competent competent competent tent jurisdiction of the territory to de determine determine der r termine not the right of freedom but butto butto butto to which custody a child of tender years should be committed |