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Notespg237-246.Pdf (10.20Mb) Notes 237 26. Act of Apr. 11, 1911, 1911 Mo. Laws 178 § 1. See also Act of Mar. 23, 1903,1903 Mo. Laws 213 § 1. 27. See, e.g., State ex reI. Shartel v. Trimble, 333 Mo. 888, 892, 63 S.W.2d 37, 38 (1933) ("It is immaterial whether the conduct charged against the [delinquent] child, by the information, consists of violations of the criminal statutes or of conduct, though not violations of the law, which nevertheless renders the child incorrigible, vicious, or immoral."). 28. Act of Apr. 11, 1911,1911 Mo. Laws 178-79 § 1. 29. Act of Apr. 11,1911,1911 Mo. Laws 177 § 1; Act of Apr. 10, 1917, 1917 Mo. Laws 195 § 2; Act of Apr. 6,1927,1927 Mo. Laws 130; State ex reI. Boyd v. Rutledge, 321 Mo. 1090, 1102, 13 S.W.2d 1061, 1066 (1929). 30. Act of Apr. 5, 1923, 1923 Mo. Laws 153 § 1; State v. Gregori, 318 Mo. 998,2 S.W.2d 747 (1928); accord, State v. Damico, 319 Mo. 440, 4 S.W.2d 424 (1928). 31. State ex reI. Dewv. Trimble, 306 Mo. 657,661,269 S.w. 617 (1925). See also Act of Apr. 10, 1917,1917 Mo. Laws 197 § 2; Act of Mar. 23,1903,1903 Mo. Laws 213-14 § 3. 32.328 Mo. 195,40 S.W.2d 457 (1931). 33. Bernard Flexner and Reuben Oppenheimer, The Legal Aspects of the Juvenile Court 12 (U.S. Children's Bureau 1922). 34. See, e.~., Katherine F. Lenroot and Emma O. Lundberg, supra note 24, at 19; IntervIew with Judge Robert G.J. Hoester (Sept. 12,2002). 35. See Juvenile Court Standards 2 (U.S. Children's Bureau 1923). 36. See Harold U. Faulkner, The Quest For Social Justice 1898-1914, at 183 n.1 (1931) (Judge Foster); Walter L. Rutnam, supra note 7, at 106 (same; juvenile court committee); 1905-1906 Official Manual of the State of Missouri 112. 37. 1951-1952 Official Manual of the State of Missouri 270 (Judge Cowan); Interview with David W. Kierst, Jr. (Aug. 26,2002). 38. See Walter L. Rutnam, supra note 7, at 46. 39. Bernard Flexner and Roger N. Baldwin, Juvenile Courts and Probation 13 (1914). 40. Hastings H. Hart, Preventive Treatment of Neglected Children 254 (1910); Report of the Children's Code Commission to the Honorable Lloyd C. Stark 20 (1939). 41. Interview with Judge Thomas J. Frawley (Sept. 10,2002); Chief Justice Stephen N. Limbaugh, Jr., State of the Judiciary Address, January 15,2002, J. Mo. Bar 14, 15 (2002). 42. Lois G. Forer, Money and Justice: Who Owns the Courts? 132-33 (1984). 43. Douglas E. Abrams and Sarah H. Ramsey, Children and the Law-Doctrine, Policy and Practice 1040 (2000). 44. Julian W. Mack, The Juvenile Court, 23 Harv. L. Rev. 104, 107 (1909). 45. Ben B. Lindsey, The Juvenile Laws of Colorado, 18 Green Bag 126, 127 (1906). See also Ben B. Lindsey and Wainwright Evans, The Revolt of Modern Youth (1925). 46. Act of Apr. 10, 1917, 1917 Mo. Laws 195,198 § 5; 1909 Mo. Laws 431 § 23; Act of Mar. 23,1903,1903 Mo. Laws 215 § 9. 238 A Very Special Place in Life 47. Douglas E. Abrams and Sarah H. Ramsey, supra note 43, at 1041. 48. See, e.g., State ex reI. Shartel v. Trimble, 333 Mo. 888, 892, 63 S.W.2d 37,38 (1933) ("A child may be of good character, and yet, through no fault of its own, be declared a neglected child."); State v. Evans, 270 S.W. 684 (Mo. 1925) (criminal prosecution). 49. Frederic Almy, Juvenile Courts in Buffalo, 20 Annals of the Am. Acad. of Political and Social Sci. 279, 283 (1902) (neglected childhood); Ernest K. Coulter, The Children In the Shadow xiii (1913) (real culprit; delinquent parent); Henry S. Hulbert, Where Does the Responsibility of the Juvenile Court Begin?, in Proceedings of the Conference on Juvenile-Court Standards 44,45-46 (1922) (very enlarged parent). 50. Act of Apr. 11, 1911, 1911 Mo. Laws 177, 180 § 3 (any reputable per­ son), § 4 (summons), § 22 (liberal construction); Act of Apr. 10, 1917, 1917 Mo. Laws 197 § 4; State v. Krueger, 134 Mo. 262, 271, 35 S.W. 604, 606 (1896) (civil canon). 51. Jane Addams, My Friend, Julia Lathrop 137 (1935); Miriam Van Waters, The Socialization of Juvenile Court Procedure, in Proceedings of the Conference on Juvenile-Court Standards 64, 66 (1922). 52. Evelina Belden, Courts in the United States Hearing Children's Cases 8 (U.S. Children's Bureau 1920). 53.300 Mo. 359, 364, 254 S.W. 179, 180 (1923). 54.300 Mo. at 365,254 S.W. at 180-81. 55. State ex reI. Dew v. Trimble, supra note 31, 306 Mo. at 667, 269 S.W. at 620. See also Ex parte Naccarat, 328 Mo. 722,41 S.W.2d 176 (1931). 56. Act of Mar. 25, 1921, 1921 Mo. Laws 188, 192. 57. Hastings H. Hart, ed., Juvenile Court Laws in the United States 129 (1910); Herbert H. Lou, supra note 3, at 129 (discarding technicalities). 58. Commonwealth v. FIsher, 62 A. 198,200 (Pa.l905). See also Edward Lindsey, The Juvenile Court Movement From a Lawyer's Standpoint, Annals of the Am. Acad. of Political and Social Science 147 (1914). 59. Roscoe Pound, The Administration of Justice In the Modern City, 26 Harv. L. Rev. 302, 322 (1913); Edward Lindsey, su~ra note 58, at 147. 60. Juvenile Court Standards 5 (US. Childrens Bureau 1923); David J. Rothman, supra note 4, at 216. 61. See 1909 Mo. Laws, § 4, at 426 (summary manner); Act of Mar. 23, 1903, 1903 Mo. Laws. 214 § 5 (same); Act of Apr. 10, 1917, 1917 Mo. Laws 195, 198 § 5 (same); State v. Campbell, 325 Mo. 561, 566, 32 S.W.2d 69, 70 (1930); M. Ruth Vance, supra note 24, at 58 (Jackson County). 62. Charles W. Hoffman, The Fundamental Principles of the Juvenile Court and Its Part In Future Community Programs For Child Welfare, in Proceedings of the Conference on Juvenile-Court Standards 13, 23 (1922) (shadowing the lives); James Hoge Ricks, Standards of Organization in Children's Courts, in Standards of Child Welfare 368, 371 (1919) (morally sick); Edward Schoen, The Field of the Juvenile Court, in Proceedings of the Conference on Juvenile-Court Standards 32, 35 (1922) (objective symp­ toms). 63. Miriam Van Waters, supra note 51, at 64, 66 (emphasis in the original). Notes 239 64. President's Commission on Law Enforcement and Administration of Justice, Task Force Report: Juvenile Delinquency and Youth Crime 3 (1967). 65. See Act of Apr. 10, 1917, 1917 Mo. Laws 197, 199 §§ 2, 8. See also Act of Mar. 23,1903,1903 Mo. Laws 217 § 17. 66. See, e.g., Herbert H. Lou, supra note 3, at 10-11 (citing decisions); Hastings H. Hart, ed., supra note 57, at 129-30 (parental right to earnings). 67. See Katherine F. Lenroot and Emma O. Lundberg, supra note 24, at 133-34. 68.334 Mo. 237, 249, 65 S.W.2d 951, 956 (1933). 69. Mack, supra note 44, at 120. 70. See Walter L. Rutnam, supra note 7, at 43; Katherine F. Lenroot and Emma O. Lundberg, supra note 24, at 17, 133. 71. See Walter L. Rutnam, supra note 7, at 80-81. 72. See M. Ruth Vance, supra note 24, at 53. 73. See, e.g., Carl Kelsey, The Juvenile Court of Chicago and Its Work, Annals of the Am. Acad. of Political and Soc. Science 298, 303 (1901). 74. See M. Ruth Vance, supra note 24, at 57 (little difference); Edward F. Waite, How Far Can Court Procedure Be Socialized Without Impairing Individual Rights?, in Proceedings of the Conference on Juvenile-Court Standards 55, 58 (1922) (counsel did not matter). 75. See Juvenile Court Standards 5 (U.S. Children's Bureau 1923) (hear­ ings within forty-eight hours); President's Commission, supra note 64, at 3 .. 76. § 211.171 RSMo 1994 (Supp. 1996), amended by 1999 H.B. 136 ("The procedure to be followed at the hearing shall be determined by the juvenile court judge and may be as formal or informal as he or she considers desir­ able, consistent with constitutional and statutory requirements."). 77. John H. Wigmore, Juvenile Court vs. Criminal Court, 21 Ill. L. Rev. 375,377 (1927). 78. See Jesse P. Smith, Comments, in Proceedings of the Conference on Juvenile-Court Standards 98 (1922) (right to attend); Act of Apr. 10, 1917, 1917 Mo. Laws § 195 § 1, Act of Apr. 11,1911,1911 Mo. Laws 177 § 1. 79. See Walter L. Rutnam, supra note 7, at 103. 80. See Act of Apr. 11,1911, 1911 Mo. Laws 182 §§ 12-13. See also Act of Mar. 23, 1903, 1903 Mo. Laws 215 § 10; State v. Trimble, 333 Mo. 888, 63 S.W.2d 37, 38 (1933). 81. See State Commissions For the Study and Revision of Child Welfare Laws 11 (1924). 82. Report of the Missouri Children's Code Commission: A Complete Revision of the Laws For the Welfare of Missouri Children 12 (1918). 83. See Peter Romanofsky, "The Public Is Aroused": The Missouri Children's Code Commission 1915-1919,68 Mo. Hist. Rev. 204, 209 (1974); Jack David Muraskin, supra note 18, at 269. 84. See Peter Romanofsky, supra note 83, at 204, 213-15. 85. See State Commissions, supra note 81, at 14-15; Report of the Missouri Children's Code Commission, supra note 82, at 3. 86. See Richard S. Kirkendall, A History of Missouri 1919-1953, at 66 (1986).
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