JUVENILE COURTS OF AMERICA.

New Zealand Mail, Issue 1831, 10 April 1907, Page 12

JUVENILE COURTS OF AMERICA.

(By Spencer Clapham).

HOW JUDGE FRAZER OF PORTLAND (OKBCU RUNS HIS JUVENILE COURT.

PART IV. “I can bring up any lion to be as quiet as a dog provided I get him young enough/ 7 These words "were dictated by the experience of Robert Fitzsimmons. The immediate object under discussion was an almost full-grown lion which had' found its way up the stairs and had thrust its head in at the door of the dressing-room of its lion-like master. Fitzsimmons has always fancied lions as pets. This one had the run of the hack of the theatre, and often accompanied Bob when he went out in. the city. “.They make me keep a chain on him when I take him out, he complained, “But there's no need for it. He wouldn't hurt anyone, though it is amusing to see the amount of road space they give him/ 7 and he chuckled over the reflection.

I needed very little encouragement to make me take advantage of the unusual opportunity presenting itself of petting a real, live lion, and when I pulled the animal's tail and he had turned round with all the good nature of a quiet old Tom cat I turned to Bob and congratulated him upon hits success m training. . , “ Train up a child in the way he should go, and when he is old he will not depart from it" Is there not something analogous in the statements of the man of wisdom and the lion-taming pugilist. There is certainly nothing new in the theory that if a child receive proper training his future conformity to law is almost assured.

In the past, however, we have left the training largely to chance, and some poor unfortunate child within reach of the law we have punished the hoy for what was, after all, hardly his fault, or we have mercifully dismissed the case in order to save him from prison, but without providing adequate supervision for his immediate future. The Juvenile Court is the outgrowth of the spreading communistic idea. It accepts the responsibility of the boy's training, for it believes that a State Institution may under favourable conditions supply the deficiency where there is negligence, weakness or incapacity in. the home; and it has such faith in the old proverb, that it has eliminated almost entirely the idea of punishment either for retributive justice or as a deterrent Its noble aspiration is to surround the delinquent child or incapacity. The Juvenile Court exThe idea, is practicable, sane and liu% mane. The motive is excellent. Its object is to reduce the criminal element to a mere fraction—practically to the few who suffer from mental weakness or incapacity. The Juvenile Court ex ists obviously not merely as the result of pity for* the wrong-doer with his career of dishonour, but rather because of the recognition that such work as it takes upon itself to perform is the very best method of saving the state from the depredations of criminals—who are the scourge of decent society.

When the Honourable Arthur I. Frazer was appointed Judge of the Circuit Court he was surprised to find that a majority of the persons charged with crime were youths ranging from fourteen to twenty years of age. It was especially true m regard to the serious crimes of murder, robbery and burglary. He also found that where an older man was convicted of a crime it was rarely liis first offence, which almost proved to have been committed while he was very young. Another important discovery for a Judge was that when once a boy had been sent to prison ho became a confirmed criminal almost invariably. The prison, which had its place as a deterrent, was almost useless as a reformatory. The stigma “jail-bird" was in itself _ sufficient to confirm a boy as a criminal, and for the futuru he had no punishment to dread, as the prison had now no terrors for him.. Judge Frazer found that these conclusions were confirmed by criminologists. It became clear to him that if a criminal could be reformed at all, it must be in his youth. He saw that there existed a ueed for a Juvenile Court in Portland. Fortunately good works are as contagious as any other kind, and the successes of several Juvenile Courts, especially that of Judge Lindsey, of Denver, attracted his attention. The State Law necessary was soon in existence. Judge Frazer established the Juvenile Court in Portland, and modelled it principally on the lines of the Denver Court. He did this admittedly, for in the haste to do good there is none of the paltry jealousy that is sometimes seen in generals in the field even when the hopes of the nation are relying upon co-operation. Judge Lindsey and Judge Frazer are good frierds ancl keep in constant touch with each other. They cheer each other along a road that hitherto is almost untrod, and their exchange of experiences were of mutual assistance.

But because personality counts for so much in Juvenile Court work, no two courts will employ exactly the same methods, however modelled. -their methods are alike only in that they are elastic. Judge Frazer s court distinctly bears the marks of his own enthusiasm, his skill; his tact, lus largeheartedness, his native manliness, his sincerity. The Juvenile Court depends upon the nian at the helm, and not upon any law, for “the quality of meicy is not si rained/’ If a p lllll 7 p oi: the magnanimous heart to overlook a fault—perhaps a serious faulty if he nas not cheerful patience and diplomacy backed; oy sterling manliness he cannot attain ny .great degree, of success. No

amount of ostentation, or bluster, or even dignity, are going to take the place of these qualifications in handling boys, just as a probation system that has not a watchful, almost affectionate care, to support it has only very questionable right to existence. “The success of the probation system, the cornerstone of the Juvenile Court," says Judge Frazer, “depends almost entirely upon the skill, tact, and devotion of the probation officers." But how long would there be skill, tact and devotion of the probation officers if there were Judges who were not with them in devotion, and who might misunderstand and fail to appreciate their skill and tact P

When a Juvenile Court is first launched upon its work of citizen-saving, no one can tell the exact scope of that work, or determine its sphere of influence. The law that was . passed less than two years ago lor the establishment of the Juvenile Court at Portland is already found quite loi these eager workers. “We expect to ask our Legislature next January to amend our present law" wrote J V-d2 e Frazer last November, and though there is no word yet to hand, we may take it for granted that the age limit of sixteen at which the Juvenile Court officers have chafed, has been raised, and that better provision has been made for payment of probation officers. fepecial laws will be found necessary for each state which has established a Juvenile Court, but even then there will be found sufficient healthy exercise for originality and initiatrte of the Court officers. Here is a case in point. About six miles from Portland is a village where the lads found amusement by making themselves obnoxious to the people. They ran in a gang and were getting bolder every day. Complaints were made to Judge Frazer. Most of the boys were over the age limit, but with characteristic initiative and thoughtfulness he struck a plan by which he might anticipate their arrival in the Circuit Court. He decided to go out and tee them. He secured the hall and held a meeting of youths. He discussed the whole situation with , them, let them air their grievances—if they had any—with commendable toleration, and then proceeded to unfold his plan. It was the Baseball Club plan, which he has found so often to work like a charm. No doubt the Judge has made a discovery. He realises that a crowd of children who day after day have nothing with which to entertain themselves or keep themselves occupied cannot be expected to behave any better than their elders would if placed in similar circumstances. So the Baseball Club was formed, and the Judge won their hearts by his courteous maimer. Just to give them a start—he could see they nau the makings of a first-class club, he said —he would provide them with the necessary bats, etc., and with a uniform for each member.

Then the large number, and the varying ages of the boys, showed the Judge that it was better to have a second club. So while he Avas on the spot a second club was formed. So with just a little help from some one who understood the situation, the grateful people of the suburb of M have two good clubs bringing honours to their village, where before they had a crowd of “toughs," who had become a terror to everybody. The morning after the meeting the judge rang up a friend, the President of one of the large Department Stores to enquire about the Baseball material. As soon as his friend discovered the purpose of the Judge, he asked to be allowed to share in “the luxury of doing good," and provided all the material free. What statute law could provide for such emergencies, and for such enterprise? Nothing could be finer than the way the Judge can enter into the difficulties of the boys. His sympathetic mind can always appreciate boy troubles. And he is not afraid of jeopardising his dignity by familiarity, for his virility saves him and familiarity but breeds respect. The age limit of sixteen would save the officers of the Court a world of trouble if they wished to avoid it, for boys' delinquencies, and girls' delinquencies are apt to be more seripus over that age than under it, and the' responsibility would naturally be greater treating them by Juvenile Court methods. But while such limit deprives the officers of authority in dealing with cases over the age, it does not circumscribe their noble endeavours. The indirect influence" of the Juvenile Court is simply incalculable, and is growing daily. It is questionable whether any institution has ever had such an immediate effect upon the home life as this Juvenile Court. It is questionable, too, whether any system of school discipline can be really complete, without such an institution at its back, an institution having proper authority to deal with incorrigibles, and more important still, authority to superintend their homelife. It is the Juvenile Court that must receive the credit for the passing of a compulsory school attendance act, and. the appointment of a truancy inspector who is also an official of the Junior Court. Section 4 of tlieir Education Act makes the act applicable to children between the ages of eight and fourteen, and a significant clause provides for compulsory attendance in all childien between the ages of fourteen and sixteen years who are not employed m some lawful work." Mr S. D White, the truant officer, has the authoiity ot a regular policeman. He was appointed through the intercession of Judge Frazer with the school Board. He has a commission as probation officer, which also facilitates liis work. He keeps in constant touch with the Juvenile Court, which is using its influence to fight child labour. Only eighteen months ago, when I visited one of the largest schools of Portland, I was astonished to hear that they had no enforcement of compulsory attendance at schools. “We expel them for frequent truancy," explained the principal. There can be no doubt that this method of dealing with truants was one of the most prolific sources of crime. America is strangely behind in some things. There are rea-

sons not far to seek why there should be a greater number and variety of revolvers on exhibit in a single secondhand shop window than in the whole offi any city in New Zealand. But America'© heart beats strong and well. 'The institution of the J uvenile Court is not the only indication, but it is- perhaps the surest.

By the enforcement of compulsory attendance at schools, Oregon has filled a horrid gap in her educational system; and with the assistance of the Juvenilo Court Oregon may even surpass us in socialistic legislation. Her people have for three years directly settled great state questions by the Initiative Petition and Referendum, but are we New Zealanders who have probably the highest average citizenship in the world, are we going to take second place in the care of our children? Judge Frazer thinks not. in a recent private letter he says: “I am satisfied that the people of New Zealand, who are the leaders in so many movements for the betterment of the people, will make a success of Juvenile Courts. I would not be surprised if we should have to go to you in a few 3*ears for new ideas in this very line of work/' May his highest expectations of the people of New Zealand be realised.