143 Ga. 822 | Ga. | 1915
R. E. Law and Mrs. R. E. Law brought their petition for a writ of habeas corpus, wherein they sought to release from custody Thomas and Marion Law, their children, alleged to be illegally detained in an institution known as the Home of the Friendless, in the city of Atlanta; it being alleged that they were so detained under an alleged commitment by the judge of the superior court of Chatham county. This commitment was issued under the provisions of an act approved September 4, 1908, entitled “an act to provide for the establishment of children’s courts as branches of the superior courts,” etc. Acts 1908, p. 1107. This act was attacked as unconstitutional, upon several grounds. At the conclusion of the hearing the judge denied the writ, and the petitioners excepted.
It is declared by article 6, section 9, paragraph 1, of the constitution of this State (Civil Code of 1910, § 6527) : “The jurisdiction, powers, proceedings, and.practice of all courts or officers invested with judicial powers (except city courts), of the same grade or class, so far as regulated by law, and the force and effect of the process, judgment, and decree by such courts, severally, shall be.uniform. This uniformity must be established by the General Assembly.” The caption of the act of 1908, which is challenged by the petition in this case as being unconstitutional, is as follows: “An act to provide for the establishment of children’s courts as branches of the superior courts; to define their jurisdiction and powers; the officers thereof; the compensation, duties, and powers of such officers; and for other purposes.” It is declared in express terms that the purpose of the act is to provide for the establish
By section 9 of the act (Penal Code of 1910, § 895), it is provided: If on the hearing the court finds that a child is a delinquent or wayward child, it may (a) release the child on probation upon such terms and conditions, and for such period of time, as the court may think fit; or (&) commit the child for such period of time as the court may think fit, either to an institution or to the care of some person who is willing to undertake such care; or (c), if such child is over ten years of age, commit the child to take his trial according to law. In the event such child is convicted of an offense not punishable by death or imprisonment for life, the court may (1) release the child on probation upon such terms and conditions, and for such period of time, as the court may think fit; or (2) commit the child, for such period of time as the court may think fit, either to an institution or to the care of some person who is willing to undertake such care; or (3) sentence the child according to law. In addition to such sentence for the offense, the court may commit the child, at the expiration of such sentence, to the Georgia State Reformatory; or may, instead of any other sentence, commit the child forthwith to the Reformatory. What court is referred to in this section of the act? Evidently the superior court. That court has exclusive jurisdiction in cases of felony. Constitution of 1877, article 6, section 4, paragraph 1 (Civil Code of 1910, § 6510). If, therefore, the act sought to confer upon any
By section 10 of the act (Penal Code of 1910, § 896), it is provided that if a child who has been released on probation breaks the terms or conditions of the release, or if it appears to the court that it is to the best interest of such child to take the same away from any person or institution to whose care such child has been committed, the child may again be brought before the court and dealt with under the provisions of this act, as if it had not been released or committed. By section 12 (P. C. § 898), it is provided that the judge of the superior court of the county may make regulations
We have thus taken a limited survey of the entire act, in order that it might appear what was meant by the establishment of a children’s court upon recommendation of the grand jury, which was provided for in the second section of the act. This was attacked on the ground that it violated the constitutional provision requiring uniformity of the jurisdiction, powers, proceedings, and practice in courts of the same grade or class. Civil Code (1910), § 6527. Perhaps we might take a narrow and technical view, and say that section 2 of the act (Penal Code of 1910, § 886) provides for the establishment of a children’s court but does not contain provisions in regard to its powers, proceedings, or practice; and that the 4th section of the act (Penal Code, 1910, § 887) makes provision only in regard to the presiding officer. But we are not inclined to thus avoid deciding the real point made by the plaintiffs. Substantially they attack, not the creation of children’s courts
The attack upon the act on the ground that it is not a general law and is therefore violative of article 1, section 4, paragraph 1, of the constitution (Civil Code of 1910, § 6391), is without merit. Eelatively to that section there may be legitimate classification; but this does not authorize a violation of the other section of the constitution providing for uniformity in the courts of the same grade.
What has been said above renders it unnecessary to discuss the other criticisms made upon the act.
Judgment reversed.