162 Iowa 251 | Iowa | 1913
On March 4, 1910; upon the petition of her mother, the plaintiff, then Martha Ellen Casson, was duly
The statute under which she was committed is Code Supp., Section 2709, and is as follows:
If any parent or guardian shall make complaint to a judge or a court of record that any boy or girl, over the age of seven years, and under the age of sixteen years, the child or ward of such parent or guardian, is habitually vagrant, disorderly or incorrigible, said judge shall issue a warrant to the sheriff or constable to cause said boy or girl to be brought before him at such time and place as he may appoint, when and where he shall examine the parties, and if in his judgment the boy or girl is a fit subject for the industrial school, he may issue an order, . . . committing said boy or girl to the custody of the superintendent of said school for reformation and instruction until he or she attains the age of twenty-one (21) years.
The order of commitment followed the provisions of this statute. It is manifest from the foregoing that the plaintiff was not illegally restrained and that her period of detention did not expire until she was twenty-one years of age. The trial court therefore erred, and its order must be reversed.
The situation here presented is quite anomalous, as it may result in confining a married woman in the Industrial School. The purpose of the statute in question, and the commitment thereunder, was for the attempted betterment of the plaintiff, and it ought not to be applied arbitrarily to her