100 Tenn. 227 | Tenn. | 1898
This is a habeas corpus proceeding to test the detention in the Tennessee Industrial School, at Nashville, Tennessee, of Lyndall Williams, a female about seven years of age at the time she was placed in said institution. The relator in the case is the mother of Lyndall Williams, and claims the right to recover the child and its custody by virtue of the parental relation to her. It appears that her father is dead. The defendant, Tennessee Industrial School, was originally founded by the benefaction of E. W. Cole, one. of the most public spirited and charitable men Tennessee has ever pro
*230 “AN ACT for the benefit and protection of orphan, helpless, wayward, and abandoned children.
“Section 1. Be it enacted by the General Assembly of the State of Tennessee, That any Judge or Chairman of a County Court, in this State, may cause to be brought before the Court any child between the age of eight and eighteen years that comes within any of the following descriptions, to wit: (1) That is begging to receive alms, whether openly or under pretense of selling, or offering for sale, anything, but not when the selling is bona fide, and not a pretense or cover for begging or receiving alms; (2) that is found wandering, and not having any home or settled place of abode; (3) that has no proper or sufficient guardianship to care for its physical, moral, and mental welfare, to at least such a degree as will probably save the child from pauperism, lewdness, and crime; (4) that is found destitute, either being an orphan or having a parent or parents undergoing imprisonment or confinement in a lunatic asylum, or where both parents are habitual drunkards, or where the only living parent is a habitual drunkard, and any child of such parent is not properly supported and controlled; (5) that frequents the company of lewd, wanton, or lascivious persons in speech or behavior, or notorious resorts of bad character; (6) that is found wandering in streets, alleys, or public places, with no means of support; (7) that has been abandoned in any way by parent dr parents, or guardian, and has no means
“Sec. 2. Be it further enacted, That said industrial school may receive any child placed in its care and .keeping by its parent or parents, without the authority of any Court, and said school may keep and care for said child until it is twenty-one years of age, unless sooner taken away by the request of of its parent or parents, and released under the authority and by-laws of said school.
“Sec. 3. Be it further enacted, That the parent or parents may, and guardians other than parents must, invoke the authority of the County Court when they desire to commit any child to said school, on the ground that said parent or parents or guardians, or those having the child in charge, are unable to control the child; and this is hereby made a ground for committing a child to said school; .Provided, It appear to the satisfaction of the Court' or officer before whom said child is brought for commitment, that the commitment would probably be for the child’s interest and welfare. But said industrial school shall not receive any child under this or the preceding section until its parent or parents or guardians, or persons having the child in charge, shall
£ ‘ Seo. 4. Be it further enacted, That no child shall be committed to said school or received or retained therein on any ground other than the one single ground that the interest and welfare of the child will be thereby probably promoted.
“Sec. 5. Be it further enacted, That from the time of the lawful reception of any child into the school, and during its stay, the school shall have exclusive care, custody, and control of said child until it shall be discharged therefrom.
“Sec. 6. Be it further enacted, That no child under eight or over sixteen years of age in case of females, and under eight and over eighteen in case of males, shall be committed to said school.
‘ ‘ Sec. 7. Be it further enacted, That whenever any child shall be -committed to said school as aforesaid, the effect of that commitment shall be to commit the child until he or she is twenty-one years of age, unless sooner discharged by the officers of said school pursuant to its by-laws, who shall have authority to sooner discharge any child from the school, whenever, in their judgment, it shall be for the interest of the child to do so.
“Sec. 8. Be it further enacted, That the officers and managers of said school shall receive and take
“Sec. 9. Be it-further enacted, That any commitment under the provisions of this Act shall be full, sufficient, and competent authority to the officers and agents of said school for the detention and keeping of any child therein.”
Hon. Jno. C. Ferriss, Judge of the County Court of Davidson County, caused this child to be taken from the custody of her' grandmother, and committed her to the institution under the following paper:
ii Office of Judge of the County Court, Davidson County. Nashville, Tenn., July %6, 1897. — Mr. W. C. Kilvington, Supt. Tennessee Industrial School — Dear Sie: Please receive Lyndall Williams within the school as the law directs. The charges against hel-are these . . . Jno. C. Ferriss, County Judged’’
It is admitted by the defendant that the committal was informal and summary, and without the issuance of any warrant or any formal investigation. The County Judge, who was examined as a witness,
It is held in People v. New York Juvenile Asylum, 12 Abb. Pr. Repts., 92, that when a child has been committed to a public institution as prescribed by statute, the Court will not, on proceedings by habeas corpus instituted by the parent to recover the child, inquire into the regularity, legality, or sufficiency of the proceedings before the magistrate which resulted in such committal. Church on Habeas Corpus, Sec. 442. The writ of habeas corpus is intended to procure and preserve the personal liberty of the citizen, and not to enforce a parent’s right to property either in the person or services of the child. Lee v. White, 4 Sneed, 73. The Court will not, in such
Due regard must in every instance be paid to the rights of parents and of the child, but this rule must be enforced and construed when the child is brought into Court in the interest and for the benefit of the child; and when the detention is manifestly for the welfare of the child, it will be allowed and required to remain in the institution. Ballinger v. McLain, 54 Ga., 159; People v. N. Y. Catholic Protectory, 38 Hun, 127; Commonwealth v. St. John Orphan Asylum, 9 Phila., 571; Farnham v. Pierce, 141 Mass., 203; In re Ferrier, 42 Am. Rep., 10; Milwaukee Industrial School v. Milwaukee Co., 40 Wis., 328; Ex parte Crown, 4 Wharton (Pa.), 9.
In these cases it is said, in substance: Such statutes are not penal, and the commitment is not in the nature of punishment. Such an institution is a house of refuge, a school — not a prison. The object is the upbuilding of the inmate by industrial training, by education, and instilling principles of morality and religion,- and, above all, by separating them from the corrupting influences of improper associates.
Ordinarily the parent is entitled to the custody, companionship, and care of the child, and should not be deprived thereof except by due process of law. It is a natural right, but not an inalienable one. The parents are trusted with the custody of the child upon the idea that under the instincts of parental devotion it is best for the child. But when it clearly appears that it is not for the welfare of the State or the child that it should be taken from such an institution, the Court will not so direct, but will leave the' child where its safety, purity, and well-being requires. And this without regard to the informalities of its commitment, the Court, for the time being, acting as its custodian. The right of the parent is sufficiently guarded by permitting the parent on habeas corpus proceedings to inquire into the propriety or necessity of the detention, and to have the custody restored, upon a proper showing that he or she is competent, and a proper person to have charge of the child. In such case, the custody of the child will not be denied them. It is said that under Section 6 of the Act regulating the school, no child under eight years of age shall be committed to it, and it is insisted, for this reason,
The Court below, after hearing the proof, refused to deliver up the child to the custody of its mother or grandmother, and remanded her to the institution, with liberty to the mother to visit her on "Wednesday of each week, and, under the record as we find it, we think this was proper, and- we' affirm the order and judgment of the Court below, dismissing the petition at petitioner’s cost.