Brown v. Commonwealth
Brown v. Commonwealth
Opinion of the Court
delivered the opinion of the court.
This is a fair statement of the facts shown by the record: On March 17, 1925, a petition was-filed in the Juvenile and Domestic Relations Court, properly sworn to by two police officers, in which it was alleged that two c.hildren were on that day under improper parental care and guardianship; that they were then in the custody of their mother (the accused). A summons was duly issued, directing a police officer to summon the Brown children (2), 8053A east Leigh street, children under the age of eighteen years, to appear before the court, and that their mother should also be summoned to appear with the said children, each of them then and there to show cause why the children should not be dealt with as dependent, neglected children, according to the provisions of the statute (Code, section 1908). This warrant was duly served in accordance with Code, section 1909, upon their mother, Georgia May Brown, their father being dead, and the officer who served it learned the names of the children. After the warrant was returned, and before any further proceedings, the clerk of the court entered upon the warrant the names of the children, Helen May Brown and Howard D. Brown. One of them is five and the other four years of age. These children were carried by their mother to the detention home of the court, and there was a recognizance given by her, taken by a justice of the peace, for their appearance at the juvenile court on March 19, 1925. The
It seems to us that a fair statement of these facts is sufficient to show that there is no error in the judgment.
It is not necessary to quote in full the statute creating the juvenile and domestic relations court. It is a carefully drawn statute creating a court, not of record, and represents the modern view that neglected and dependent children, whose parents fail to discharge their
One of the assignments of error is that the original summons which was served on the accused was defective, and that changes were made therein after it had been issued by the judge. We have stated precisely the only change made — that is, the insertion of the names of the two children. This addition to the summons was unnecessary. The warrant fully identified them as the two Brown children, in the custody of their mother, living at 805J^ east Leigh street. The insertion of the names of the children by the judge, somewhere in his record of the case, was certainly proper as a means of identification, and we know of no better place to insert the names in such a court than in the original warrant; but the same purpose could have been accomplished by a memorandum endorsed thereon.
Code, section 1909, which provides for service of summons, contains this provision: “If the child mentioned in the petition be present in court, no summons of said child shall be necessary to give the court jurisdiction of such child,” and such justices are unquestionably vested with the same general powers with respect to the amendment or issuance of warrants as are conferred upon justices of the peace.
The children and the accused were all three present in court on March 19th, with counsel, and no objection was then made, either to the regularity of the summons for the children, or to that for the accused as their natural guardian. The objection is entirely without merit, but if this were not so, it is too late now to make it. Harley v. Commonwealth, 131 Va. 664, 108 S. E. 648.
The two recognizances, one for' each child,
Statutes creating such courts seem to have been generally upheld, and in Moore v. Williams, 19 Cal. App. 600, 604, 127 Pac. 509, 510, it is said: “Juvenile courts * * are the creation of modern philanthropic endeavor and are designed to, and in fact do, provide a most excellent means of restraining and reforming wayward persons who, unchecked, may become a menace to society.”
And this in Ex Parte Powell, 6 Okl. Cr. App. 495, 508, 120 Pac. 1022, 1028: “The fundamental doctrine upon which governmental intervention in * * * such eases is based is that the moment a child is born he owes allegiance to the government of the country of his birth, and is entitled to the protection of that government for his person, as well as his property. In order to discharge this duty of protection, the government, by way of safeguard and for the benefit of the infant, places him under guardianship; but it is only that there may be best secured to him the assistance and protection of law, and that he may acquire that education which will enable him after-wards to discharge the duty which he owes to his country as well as to himself.
“The legislature not only has the power to enact such provisions as those under consideration, but that it is the duty of the State in its character of parens patriae to do so. The performance of such duty is justly regarded as one of the most important governmental functions, and a constitutional limitation must be so understood as not. to interfere with its proper and legitimate exercise.”'
“The courts, by the will of the sovereign people, are entrusted with so much of this ultimate sovereignty as is necessary for the due administration of justice. Any attack upon them, therefore, certainly while in the act of administering justice, is an attack upon the sovereign people, whom the courts simply represent and serve. It is an assault upon the government which the people have ordained.”
The judgment will, therefore, be affirmed.
Affirmed.
Reference
- Full Case Name
- Georgia May Brown v. Commonwealth
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