In Re Brodie

JAMES, J.

This is an appeal taken on behalf of David Brodie, who was by the judge of the juvenile court of Los Angeles County declared to be a ward of that court and ordered committed to the Preston School of Industry, at lone, until he should become twenty-one years of age. The minor at the time the order was made in February, 1917, was of the age of sixteen years. The complete record of the testimony heard, together with the various orders and findings of the court, are brought up under the alternative method of appeal. It appears that a petition was filed] the purpose being to have the minor declared a ward of the juvenile court, in which one or more misdemeanors were alleged to have been committed by the young man complained against. A hearing was had after notice to and in the presence of the mother, the natural

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guardian of the accused. The court questioned the minor, who admitted the truth of the charges made against him. His mother, with whom he resided, stated that he had always been of good habits about home and, excepting for the irregularities mentioned in the petition and which had been committed after association with certain other boys, no cause for complaint had arisen. It was shown that the boy had spent a part of two years in the high school of Los Angeles, and that he had been employed with a certain firm, a member of which expressed -himself as being well pleased with -the demeanor of the boy and his work while in that employment. It was stated to the judge that on behalf of the mother, evidence could be offered to show that the boy would be furnished steady employment. The report of the probation officer fully sustained all of the assertions made by the boy and his mother as to the previous good character and industrious habits of the young man. The mother desired to retain the custody of the boy, but the court having theretofore committed two other boys concerned in the same transactions to the Preston School, declared that he did not believe any difference should be made as between the boys in their treatment, and consequently required that Brodie be committed to the Preston School.

On this appeal, among other contentions, it is urged that, the Juvenile Act provides a procedure criminal in its nature by which a minor may not be committed to a state institution without being accorded a jury trial. Acts by various of the legislatures in the different states have been passed, having for their object the humanitarian purpose of providing a procedure by which incorrigible minors or those committing crime might be saved from the stigma of conviction and placed under probation with individuals or in institutions where they would receive corrective care and training in useful trades or occupations. These acts have always been sustained, and the summary procedure therein provided for approved as not being a procedure which would effect a criminal conviction, but rather one providing guardianship. Under this construction it has been repeatedly held that no infringement of constitutional rights was worked because the accused was not given a right to trial by jury—that orders of commitment in such cases were not for the purpose of inflicting punishment, but for the purpose of providing suitable guardianship, either by individuals or under the official