Show Supreme Court Justice Writes Masterly Opinion Restoring Parents Baby Harrison will win bo be given giVe back to its parents Tho The supreme court of Utah ha has down dO a decision n of f more oro than words so 80 that the little girl gir born under r the tho blight of sadness is is to ku know y v her father and her mother a and d be bo with th them Tho The document unlike most legal decisions of tho tim tho judicial 1 phraseology gy is ft full 1 of the el elements clement ments of tenderness sll The humanity of tho the case caso has bas appealed led to o othe the judges who have handed down ne e of tho the tho most molt rem remarkable decisions over er recorded in tho the United Stat States s. s Born Before Ceremony The girl wr was born a few fe d days prior io to tho the legal ceremony wedding c ding her father and mother Tl They had been lovers Pear Fear o of parental wrath and indignation indignation indig indigo nation prompted the tho young couple e to hide the tho fact of tho the birth The Tho child was given to David Harker and aud his wife Then t the tho o. o parents were ere mar married Regretting the Joss of their baby they asked tho the district court courto to return it it to them It was denied Now t the tho o supreme court reverses tho the decision and the tho girl Wr will make the tho home homo of J J. B B. B Harrison and his wife happy We We remark at tho outset reads Justice Tricks Trick's prevailing decision that this is another or of those thoo unfortunate nato nate cases which involves tho the future future- welfare o of at an infant child which in n this case ease was of f tender tander ago age of less ess than a n year old when whoa proceeding were wore com corn and only i a few hours old when it t passed into the custody of ot the appel- appel ants lants Where Where- only property rights rights' are aro in issue or oven even where the life OT or liberty lib Hb erty of adults is involved imol however howe trying or complicated ted tho the case may maye mayI be e we wo nevertheless as 8 a general rule have ha lave no great reat difficulty in linding some satisfactory solution of tho the problems presented resented but where as is the tho case hero tho the future futuro welfare of ot an innocent and helpless infant and affections affection's of a ayoung ayoung ayoung young inexperienced and arid perhaps at atho atthe ho the time timo of tho the occurrence thoughtless mother are concerned and where the consequences of ot our decision mi might ht prevent pre pre- vent ent an innocent child from knowin knowing its own own parents l although h they hoy are are both i a live ve and more or than w willing to assume the ho responsibility of parentage the case cases is s q quito ito different I Perhaps Influenced by Feelings I Under such h circumstances we WB cannot cannot can can- not remain insensible to the tho importance e of f the task nor of tho the ma magnitude of the that is imposed upon us It t doubtlessly is lar largely ely duo due to those considerations coupled with tho the fact hat all of cf us are aro conscious conscious' that in such cases our iud judgment ment may bemore bo more or or le less lees s influenced 1 by y our feelings s that t the thc e. e Jud es of the tho courts or ot last resort so soft often ft en are arc found to entertain divergent views with ith rc regard ard to what the result ina in a particular cas be While the adjudicated cn cases cs disclose that thero there is but ut Ut little le diff difference ron c among t. t tU jud judges e ft et th they great great- cat cat- Iy y differ w. w wiTh win t respect p tto to what w. w nt t should be bo in IU view few I W of oft tho facts and cIrcumstances cir- cir of f a particular ular r caso case While Whilo the he case at bar also has its its' own peculiar nc nevertheless ss in iri view of f he the whole records the writer at least finds no great in arriving arri at what to him s seems a just contusion Whole Story Told Then the case gase is 5 j reviewed How the child hild was born and the grief of the par par- of the tho tao wrath frail of the he mothers mother's family amily and the marna marriage e is 18 told And of if the awarding of the girl to David avid Harker and his wife a a childless couple who i of ot course would woud rear the ch child hild Jd well wen and intelligently is meu- meu Then tho decision takes into consideration the reason that tho the baby was not asked for by tho the couple Al Al- though hough sho was was was' born some time ago only recently have the parents made any effort to re regain aln her The Tho young youn couple were verc ii iq difficulty with their troubles the mother nother bein being ill and the father in poor financial circumstances The Thc d decision sayS that it is not the consider tio tiou of or the tho parents nor of ot the persons who 1 the child which it must consider It is the welfare of the child hild which is the tho primal fundamental thought to be bo weighed And the tho child would be more moie advantageously placed by y being restored rest red to to the mother and father 1 Would Be Bo Reversal A As to the giving of tho child and ho the taking back backof of the thc child It should ot says Justice rustice Frick be at all necessary I sar ary sary that tho tim persons who have adopted be the child should be bo proved unfit To hold bold that tune time affects her right to o recall n the child would in my mv mont ment rca reads s the thc decision be bs bitant tantamount tanta- tanta mount to nullifying tho the very wholesome pro i provision ion of the Ul Jaw which denies the right ight of a parent to give away his own child In Another section of ot the decision fea reads cads s The Thc evidence C is in that hat eho sho was induced to part with the tho I II I child hild for tho the reason that she wished to r her shame from front her folks espe espe- daily h her r father IB lIS it a n crime for a aI ayoung young yount and inexperienced girl 11 to sc seek seok k I to to o hide bide her hamo hame from her ber own par par- cats If so BO since since wheat It may be bo contended that such a reason is not sufficient to the tho abandonment of at i ian an infant child Granted Yet It is isone isone one that no human huma court has the right to to 9 Tl Just to what extent a a. young girls girl's mind or motives m may y be influenced my what she alono may know she she- shoma ma may an irate irato father when T sho she has bas sinned against the tho Ter very foundation tion flea of cultured society cannot c well be judged except by those wo may may have havo had similar experiences Must Pass Upon Fa Pacts Facts tsi ts i Courts Courts' judged and gei haLaro merely ca called ed to pass upon the facts ts after they have hav happened may well vell h te before they oey pronounce a judgment of condemnation upon up-on tho the girl under such While in Ruch cas cases cases' the courts may be justified and anc in certain cases circumstances may maJ even oven be bo re required ro- ro to condemn the acts acts' and conduct of t the tho nir irl airl yet ct they havo no ri right ht to inflict T ha ha is 15 s tantamount to cruel and aud unusual punishment upon her by for all aU time depriving her of the right to have o havethe the tho care an and custody of her own flesh and blood unless it is clear that it is for the best interest and welfare of the tho child that the tho custody bo be withheld fro from n her Torn Tom orn by Emotions r We Wo may well pause in inthis this case before before be fore foro wo wi inflict such drastic consequences consequences conse conse- upon the thc m mother ther of of tho the child in question It rt is very clear that Mrs Irs Harrisons Harrison s heart before and immediately immediate immediate- ly after the tho birth of th tho child was torn by the tho conflicting of pride an and fear which for the time bein being but bat as as s soon on as as she she- had re recovered recovered rc re- re covered d from her confinement the bo better bob bet ter tho the u nobler bler part of her nature asserted asserted as as- itself and shoat sho at nt once attempted to ri right ht t the c wr wrong b by r recalling calling what gho sho had done ii erred she sho- she grievously and nd had lj th tho child is that sufficient suf suf- to to tha T r ac against iD t li or all time time J r think not 1 think that Mrs Mra Harrison fully atoned flat for fat her ber weakness and wrong and it Ho lies n neither in tho the m mouth uth of the courts nor in in the tho mouths of appellants to say that she he should be deprived ed edof of her ner Tig rights ts of parentage because of or what she sho did aid id under under un un- un der tho the circumstances When tho th thre recall recall re re- re- re call ball had been made no equities did or or could have bavo arisen in fa favor r of the appellants ap ap- Justice McCarty Dissents Justice M McCarty dissenting said atil Notwithstanding T that I have havo made diligent ent search I am am to find one ono modern authority that supports the conclusions conclusions con con con- held by my I brethren in in this case |