In re a Writ of Habeas Corpus for Sharp

Citations

• 15 Idaho 120
• 96 P. 563
• 1908 Ida. LEXIS 89

Syllabus

<p>Constitutional Law — Constitutionality op Act Providing por the Care op Delinquent Children — Act not Penal in Its Nature— Due Process op Law — Binding Eppect op Order and Judgment on Parent or Guardian — Orders Binding on the Minor Only in Personam — Order not Binding or Conclusive on Parent or Guardian — Parent or Guardian Entitled to His Day in Court — Jurisdiction Conperred by Delinquent Children’s Act Similar to that op Appointment — Control and Direction op Guardians — Jurisdiction op Probate Court — Bight op Appeal prom Orders op Probate Court.</p> <p>1. The act of March 2, 1905, entitled, “An act to provide for the care of delinquent children,” is not a penal or criminal statute in its nature, but is rather paternal, benevolent and charitable in its purposes and operation, and is intended to confer and grant favors, privileges and opportunities rather than to impose penalties, burdens or exactions.</p> <p>2. A minor child is not entitled, either by nature or the laws of the land, to his absolute and unqualified freedom and liberty in the same sense as those terms are applied to adults, but is rather, during his minority, subject to the restraint and custody of either his parents and natural guardians, or of a legally appointed guardian to whom he owes obedience and subjection, and it is not an infringement of any constitutional right of a minor for the state to summarily lay hold on him at such time as he may be deprived or bereft of his parents or duly appointed guardian, and give to him the fostering care, protection and education that would be due him from his parent or guardian.</p> <p>3. Por the state to thus take charge, care and custody of a minor, for the purposes of protecting, educating and training him, is not depriving him of his liberty without due process of law within the purview and meaning of sec. 13, art. 1 of the constitution.</p> <p>4. Under the provisions of the act for the care of delinquent children, an order of the probate court di