Show JU JUVENILE COURT GOURT CONSTITUTIONAL Judge J A Howell Hands Down Decision in Harry Benson Case HABEAS CORPUS WRIT DENIED Lase 1111 for fur teil l and Ci With trots Kan Ogden Ol lell March I Judge J A Howell Nowell sitting Hitting In ill the district court tills this Shorn morn mornIng Ing hig handed down a n decision In the tho mutter muller of ot tho the application of ot Arthur E U In tn behalf of Harry lieu Hen son eon H II minor for tor a n writ of ot habeas coi CUI corpus pus which Is considered l In to ho be tar fur teaching I teach Ing 1010 The court coul denied l the lice writ Benson In IA 17 yeses enis of ot age IIO and the tha petition tots sets et out that he l is unlawfully restrained of or his hi liberty Illicit by IJ the lute super supe superintendent of ot the state stalo industrial school The Tho causo of ot such restraint Is III alleged to he a 1 pretended l hosed based upon an all order and amid judgment ju of or the Juvenile court of ot Salt Knit Lake ake City and lint the IH in alleged alle ell to be Illegal for tor the tho following reasons ons That the thc act of ot the legislature cre ere creating creating juvenile courts Is la unconstitutional al nl and nut void Mild and even eV if It It is not that the therein provided for tho the trill trial of ot Juvenile delinquents Is unconstitutional unconstitutional and luid void Attached to tn the petition was tho the coal hint under un er oath of ot the tho probation of 01 thu Iho Juvenile court COUlt til III Salt Luke Lake that Harry Uell oll be being beIn being ing In u n 1 child l under 18 IS years of ot age with having become a 1 delinquent child by h violating section Hii of or tho the Revised Statutes stilt utes of ot the State of ot Utah HDM 1503 by b from the tile poison of ot F 10 FO 1 O 0 6 After Ater reviewing the merits nf or tho tiro case nt at great length tho tine court con concludes Finally the tho court has lIa reason to 10 re rc rejoice rejoice joice jolce over the fact that after n IJ careful consideration of ot the matter It has hus not been compelled to hold holl the tho oct net creating juvenile court ts arid providing for tor the tho trial of ot delinquent children therein unconstitutional and void In Its It II en on entire entirety tire t It may ilia contain certain defective or even Invalid see sec sections tad and It Is 11 to he ho hoped that It will never be hc decided that our fundamental law Is la so Inflexible ns IlS to prevent prent such Buch legislation for our neglected and children It Is ordered l that the thc sold mild Harry Harr Henson be l e remanded r to the custody of ot otH H Hr H II Thomas superintendent of the tile state Stale Industrial school Writ denied |