Ex Parte Wood

SHAW, J.

Application made by Lawrence D. Wood on behalf of his daughter Julia A. Wood for a writ of

habeas corpus,

to be directed to the superintendent of the Whittier state school.

On March 16, 1907, a complaint was filed in the superior court of Los Angeles county by one A. C. Dodd, wherein it was alleged that Julia A. Wood, a female, was a minor under the age of eighteen years; that she was guilty of incorrigible conduct; and praying that she be committed to the Whittier state school. At the hearing, had on the day of filing the complaint, it was by the court adjudged that said Julia A. Wood was an incorrigible under subdivision 1 of section 20 of an act of the legislature of California entitled, “An Act to establish a State Reform School for juvenile offenders, and to make an appropriation therefor,” approved March 11, 1889, and the acts amendatory thereof, and that she was a fit subject for commitment to said school; and thereupon the court, on said sixteenth day of March, 1907, made an order committing her to said Whittier state school until she arrived at the age of twenty-one years.

[472]

Among other grounds urged in support of the issuance of the writ, it is contended that said Julia A. Wood was not a minor at the date of said adjudication and commitment, and hence the court had no jurisdiction to order her committed to said institution as an incorrigible under subdivision 1 of section 20 of said act, which is as follows: “It shall also be.lawful for the said board of trustees, under such rules as they may prescribe, to receive into the care and guardianship of said institution, whenever it may be convenient so to do, minors between the ages of eight and eighteen years, committed to custody in any of the following modes: 1. Minors committed by any judge of a Superior Court of this state on the complaint, in writing, filed and due proof thereof made by the parent or guardian of such minor, showing that by reason of the incorrigible and vicious conduct or nature of such minor, he is beyond the control and power of such parent or guardian, and that from a regard for the future welfare of such minor and the protection of society, it appears that such minor should be placed in the care of such institution.”