INVENTORY. COLlECTION NO. 389

Transcription

1 ;. INVENTORY BENJ~IN SARR LINDSEY, COLlECTION NO. 389 THE COLORADO HISTORICAL SOCIETY DENVER, COLORADO APRIL 1986 proessed by M. Susan Yetter

2 ,. TABlE OF CONTENTS FOREWARD SIGUIFICANCE PROVENANCE CHRONOlOGY CORRESPONDENCE, BIOGRAPHICAL MATERIALS WRITINGS & SPEECHES MAGAZINE ARTICLES ON LINDSEY & HIS WORK POLITICAL l1aterials BOOKS COURT RECORDS BENJAMIN BARR LINDSEY, COLIEriON PAGE l

3 ' B~L 1 FOREWARD SIGNIFICANCE: Known as the "Kid's Judge~ Benjamin Barr Lindsey ) was many things. A parade of adjetives desribes his varied areer as a noted jurist, author, leturer, humanitarian, and reformer-rusader of the Progressive Era who had earned an international reputation as a hildren's advoate. Lindsey wrote the legislation for the Denver Juvenile ani Family Court in Through his intense energy, this idea finally bore fruit in 1907 when the Denver Juvenile Court was finally reated with Lindsey serving as it's first justie. He remained at the helm until 1927, despite numerous attempts to either restrit or abolish the ourt. In his book, The Queen City: ~History of Denver, J:urle Dorsett desribes Lindsey's p-ioneering work with the Juvenile Court: "A model of its kind, it attrated attention throughout the United States and in other parts of the world, as hundreds of soial workers hoped to adopt his innovation of treating juvenile offenders as juveniles--not as adults. Thanks to Lindsey's efforts, separate ourts were established for hildren. When they were inarerated for rimes, they were onfined in institutions separate from adults, and the emphasis was on rehabilitation rather than mere punishment. "p. 152) Lindsey was the author of Colorado's Juvenile Court Laws. In addition to this, he was also suessful in having the first ontributory delinqueny laws against adults passed qy the Colorado Legislature whih held negligent parents and employers aountable. Lindsey was quite popular with the people, but often butted heads with the establishment. As a voal opponent of the entrenhed power struture, tenned the "Beast" in Lindsey's lexion, he raised his voie in loud protest or took up his pen to expose them for Hhat they were. Also known as the "Prophet of the Jazz Age" Lindsey expoused the priniples of a new morality whih he outlined in his two small books, The Companionate Marriage 1927) and The Revolt of Modern Youth. Both of these worko are ontained in the Lindsey olletion. Lindsey was a sought-after publi speaker and a prolifi writer, The bulk of the Lindsey olletion onsists of Lindsey's published writings as well as transriptions of various publi addresses that he gave. These writings provide valuable insights into the personality and priniples of an important progressive reformer while illuminating his opponents and the turbulene of the times. Additional information on Lindsey's life an be gleaned from his two semi-autobiographial works: The Beast whih was written in ollaboration with Harvey 0' Higgins hroniles Lindsey's early years pre-1901), and The Dangerous Life whih was written with the assistane of Reuben Borough and published in A ompetent biography of Lindsey has been written qy Charles Larsen entitled The Good Fight: The Remarkable Life and Times of Judge Ben Lindsey, the Colorful Amerian - Reformer Who Helped to Start the Juvenile Court System, Advoated a Sexual Revolution, and Battled"""the Establishment in the Early 20th Centlll:}'" Chiago:1972). Two dotoral dissertations have been written exploring Lindsey's role in the progressive era: The Progressive Career of Ben.!h. Lindsey, ey Franis Huber Ann Arbor: University Mirofilms, 1963'}'""" and Progressivism in Denver: The Muniipal Reform Movement, qy J.Paul Mithell Ann Arbor: University f~irofilms, 1967). Lindsey's early Denver days are the subjet of reminisenes Qr two of his prominents friends in their auto biographial books: Linoln Steffens in his Auto biography New York, 1931) and George Creel in his book Rebel At large New York, 1947). Reuben Boro~h, Lindsey's ollaborator on The Dangerous Life, wrote a personal memoir of the Judge Lindsey, "The Little Judge," published in the Colorado Quarterly, XVI Spring 1968),

4 BBL 2 Also available are sholarly works on Lindsey. Two of the earliest treatments of Lindsey's ontributions are Crusaders for Amerian Liberalism 1939) qy Louis Filler and Rendezvous ~ Destiny 19.53) by Eri Goldman. Some journal artiles on Lindsey inlude, "Ben Lindsey and the Juvenile Court of Denver: A Progressive Looks at Human Nature," by Peter G. Slater: Amerian Quarterly XX {Summer 1968), ; and for an exellent survey of reent historial sholarship on progressivism in Colorado see the Colorado Magazine, XLV Winter 1968), This issue ontains numerous referenes to Judge Lindsey. A reent book, ~ Soial History of Helping Servies New York: 1970) qy Mur.ay and Adeline Levine, disusses Lindsey's ontributions in Chapter 9. Lindsey is featured in Frederik Lewis Allen's lassi volume of Amerian soial history, Only Yesterday: An Informal History of the Nineteen Twenties, in a setion of Chapter 5, titled "The ~.ew ~iorals." Reords of the Juvenile Court of Denver were transferred in 1970 from the basement of the City and County Building to the Colorado State Arhives. Reords relating to delinquent boys and girls are arranged in three ategories of douments: 1) Delinqueny Reords, 2) Clerk's Minutes, and 3) Filed Dokets. The personal and offiial papers of Judge Ben B Lindsey are on deposit in the Library of Congress in ;.lashington, D.C. It is one of the largest manusript olletions in the repository. Some published materials qy Judge Lindsey are housed in the Stephan Hart Library at the Colorado Historial Soiety. Some of these materials are listed as follows: ' Lindsey, Benjamin Barr with Harvey O'Higgins The Beast New York: Doubleday, 1910) 340 pp /L753 Colorado's Contribution to the Juvenile Court R J64.,52/D437tw The Companionate Marriage qy BBL & Wainright Evans Garden City, New York: Garden City Pub. Co.~ 192~ 396 pp /IIA5 "The Juvenile Court and Probation of Juvenile Offenders" by BBL Read at the Union Convention of the Kansas Conferene of Charities and Corretion, held at Lawrene, Kansas Nov and apporoved by resolution qy the same body ~]p. R 364.6/l.D4,5j "The Reformation of Juvenile Delinquents through the Juvenile Court" pp. Read before the National Conferene of Charities & Corretion at it's 30th meeting, Atlanta, ga. R 364.6/ID4.5r "Report of the Hon. Ben B. Lindsey, Chairman of Committee on Juvenile Courts before the International Congress on the Welfare of the Child, held under the auspies of the Mothers' Congress at Washington, D.C. April 22-27, pp. 364.,52/r. 4.5

5 BBL 3 Arapahoe County Court: "Report of the County Court, Arapahoe County, Colorado. Jan. 8th, 1901, to Jan. 1st, Also Jan. 1st 1902, to July 1st, 1902." Ben B. Lindsey, Judge. 37 pp. R / Ar 14r Denver County Court: "Report of the County Court of the City & County of Denver, :Ian. 1st 1902." Ben B. Lindsey, Judge pp. R / D437r The Revolt of Modern Youth by BBL & \~ainright Evans New York: 1925) 364 pp. 300/!IJ45r The/ Rule of Plutoray in Colorado:! Retrospet and!: W a,.rning. 68 pp. 330 L645ru Some Experienes in the Juvenile Court of Denver by BBL, 1903, 11 pp. Reprinted from Charities, Nov. 7, R / I645s Some other books by Ben Lindsey that are not in this olletion or the possession of the Historial Soiety inlude, The Doughboy's Religion 1919), Pan Germanism in Ameria, and The House of Human Welfare. PROVEN~ICE: The Benjamin Barr Lindsey Colletion is arranged topially and hronologially. The small file of orrespondene ) is personal and onsists of only 11 piees. Six of these letters {between BBL and Amy Saloman) were donated by ~s. J.R. Lifton, a former employee of the Juvenile Court.see Colorado Magazine, XXV, p.284). The remainder of the olletion onsists of a biographial file whih ontains newspaper lippings and obituaries ) - 8 items; Court reords ) - 2 items; and assorted published materials: pamphlets, magazine artiles, speehes, politial materials, and books for a total of 32 items. Aside from the orrespondene, the provenane of the bulk of the olletion is unknown.the olletion offers a nearly omplete reord of Lindsey's published works--most of whih are old and many are out of print. RESTRICTIONS: NONE l

6 BEL 4 C H R 0 N 0 L 0 G Y b. 25 November 1869 d. 26 Marh 1943 m. 20 Deember 1913 to Henrietta Brevoort. Benetta - adopted in Born in Jakson, Tennessee His father moved to Denver, Colorado. The family joined him about one year later Benjamin was sent to Notre Dame, Indiana outside of South Bend) to study at Notre Dame University. He remained there for two years. Won prizes for publi speaking He returned to Jakson, Tennessee where he lived on his grandfather's farm and attended Southwestern University at Jakson He returned to Denver, leaving his studies, due to his father's business reverses and failing health. His father died soon after his return Entered the law offie of the Hon. R.D. Thompson as an offie boy and began his study of the law. Admitted to the Colorado Bar Formed the law partnership of "Lindsey & Parks" with F. W. Parks \~hen Parks was eleted to the State Legislature in the same year, Lindsey influened him to submit legislation that allowed three fourths of a jury vote to be suffiient for a verdit. This legislation was suessfully passed Appointed Publi Guardian & Administrator by Gov. Thomas Appointed the County Judge of Arapahoe County sueeding the Hon. R.W. Steele upon his eletion to the Colorado Supreme Court, and making him the youngest j~dge in Colorado history. He remained in this offie until 1907 when he beame the Judge of Denver's newly reated Juvenile Court - the Juvenile Court whih he had labored to bring into existene Founded the Juvenile Assoiation for the Protetion and Betterment of Children. This beame the basis for the Juvenile Court leturer at the Boulder Chataqua' "The Man, the Judge, and the Boys" detailing his work with hildren in Denver Candidate for Governor of Colorado. He was defeated by Henry A. Buhtel who also defeated Demorati andidate Alva Adams Sueeded in establishing the Juvenile Court of Denver and beame i~ first Judge, a position he oupied until 1927.

7 BBL He was refused renomination to the Judgeship of the Juvenile Court qy by parties. He ran independently and was eleted by a 15,000 vote plurality Publiation of The Beast and The Jungle "The Child Labor At" was drafted by Judge Undsey. It beame law as the Lindsey-Jones Bill Member of the National Committee of the Progressive Party. A strong supporter of Theodore Roosevelt, he made many speaking tours aross the United States in Support of Roosevelt's andiday. A sought after leturer aross the United States speaking primarily on hildren's problems and other soial issues. Married Henrietta Brevoort of Detroit on Deember 20. Delegate with Henry Ford's "Peae P~t' tour of Europe. Faed the attak by the Colorado General Assembly in it" s attempt to abolish the Juvenile Court, but Lindsey and the Juvenile Court prevailed. Adopted a daughter, Benetta Publiation of The Companionate Marriage along with the serialization in Redbook Magazine of The Moral Revolt Moved to California Disbarment proeedings against Judge Lindsey in the State of Colorado Eleted Judge of the Superior Court in California by a 2-1 ratio.. Publiation of The Rule of the Plutoray in Colorado:! Retrospet and _! Warning Reinstatement to the Colorado Ear Died in Los Angeles, California. _

8 ' \ ~ v CORRESPONDENCE FF!.. FORM TO FROM DATE PLACE DESCRIPI'ION 1 1 TIS Amy Saloman Judge Lindsey Denver Personal letter ommenting on her health & the work to be done in the upoming eletion 1 2 TIS Amy Saloman Judge Lindsey Denver Expresses desire for funds for a settlement house on West Colfax. Comment's on Alfred Mullen's handling of hospital fund. 1 J TIS Amy Saloman Judge Lindsey Denver Personal note explaining that the Spring & Fall eletions kept hime to busy to write. 1 4 TIS Amy SalJDan Judge Lindsey Battle Creek, Personal letter-written while reupera~ Mihigan ting from "an attak" of fever & "overwork without vaation." Speaks of his dotor's desire for him to rest during the summer before ~eturning to work. 1 5 TIS luny Saloman Judge Lindsey Denver Personal letter. Expresses regret that she was not present to work on his ampaign. Talks of his need of finanial help for poll tial ampaigns. 1 6 TIS Amy Saloman Judge Lindsey Denver Vitory in a hard fought ampaign. Personal finanial loss in order to do publi servie. 1 7 TIS Amy. Saloman Judge Lindsey Denver Answering her request for a letter of introdution to Mias Anne Morgan & other ladies unknown to him. 1 8 TIS Amy Saloman Judge Lindsey Denver Thanking her for her help in his ampaign vitory. 1 9 TIS Henrietta B. Lindsey Mrs. Enid Thompson Denver Request for personal papers of Judge Lindsey to be plaed in the Colorado State Historial Library.

9 \ " ' L 7.. FF FORM TO FROM DATE PLACE DESCRIPI'ION 1 10 ALS Mrs. Thompson Henrietta B. LindsJy Los Angeles, California States that Judge Lindsey's papers have be given to the L1 brary of Congress in Washington, D.C. The olletion is titled the.. Judge B. Lindsey Colletion." 1 11 TW Mrs. Lindsey Mrs, Enid T. Thompson Denver Thanking her for her ontribution to the Judge Lindsey file. Notation that the Lindsey Colletion is in the Library of Congress. BIOGRAPHICAL DATA FF DATE DESCRIPTION Lindsey Obituary - Biography) Author unknown. OK"d and signed by Judge Ben Lindsey. His life sketh up until Original is in protetive plasti. Please use Xerox opy ~ Roky Mountain News, Denver: "Reord Vote Puts Lindsey on Coast Benh/Former Denver Jurist Makes Runaway of Los Angeles Eletion." Although disbarred in Colorado, Judge Lindsey was admitted to the bar in California He won a Superior Court Judgeship in a 2 to 1 vitory evidening his popularity Program for the Publi Memorial Servie for Judge Ben B. Lindsey. Program of the servie held in the First Unitarian Churh of Los Angeles, California. The servie was also broadast live over the radio on station KPAS. 2 opies) ) Newspaper Clipppings from The Los Angelee Bxaminer: "Judge Lindsey Suuml::s to Heart Attak/73-Yea.r-Old Juvenile Court Founder First Gained Fame in Denver, Colo." A summary of Judge Lindsey's life and areer; his beliefs; and the irumstanes of his death. 2 a Newspaper Clipping from The Los Angeles Examiner: *'Law Canels Lindsey Wish." Deals with the California state law prohibiting the sattering of remated remains. This law thwarted Lindsey's wish to be remated &: to have his ashes strewn upon the grounds of his home. The law required the ashes to be entombed or buried in a emetary. After the death of the 73 year-old jurist who had devoted his life to the law, ame the denial of his last wish -- to have his ashes strewn upon the grounds of his home. In keeping with his desire for simpliity, plans for his body to lie in state were anelled; keeping with the state law, his ashes will be entombed or buried in a emetary privately.

10 ' ) ~ WRITINGS & SPEECHES b.dj...o 8.. FF lj_ DATE DESCRIPTION ) 1 7-1&2-190J J 2 Otober 1906 J J January 1907 "The New Probate Law," An Address by :Ben B. Lindsey, Judge of the County Court of Denver given before the Colorado Bar Assoiation's annual meeting in Colorado Springs. 26 pp. "My Experiene with Boys," The Ladies Home Journal, p.j7, by Judge Lindsey. Judge Lindsey's experienes with troubled boys. Most boys do not have a square deal. Children have inalienable rights; there is sollle good in every boy who does wrong. "Why Girls Go Wrong," The Ladies Home Journal, p. 1J, by Judge Ben Lindsey. Parents do not really know their hildren or take the time to understand them. Girls often get into trouble due to the arelessness & inattention of their parents. Parents are also remiss in not adequately instruting their daughters about sex. J 4 April 22-27, "Report of Judge Lindsey, Chairman of the Committee on Juvenile Courts." Report on the urrent status 1914 of the welfare of hildren delivered before the International Congress. J64.52 / 1645) J 5 Deember 1926 J 6 January 1927 J 7 February 1927 J 8 Marh 1927 "The Moral Revolt," Redbook Magazine, pgs. J6-41; , by Judge Lindsey. Essay on the vital problems of a hanging soiety & the need for a revision of soial mores as illustrated by several ase studies. "The Moral Revolt," Redbook Magazine, pgs. 32-)7; , by Judge Lindsey. Another part in the series titled"the Moral Revolt" dealing with the vital problems of a soiety in a state of flux. The essay is based on atual ases that Judge Lindsey assis &ed in his offie. Contains many examples of marriage problems and puts forth Lindsey's ideas of what is wrong with many marriages. He makes a strong ase for his idea of "ompanionate marriage." "The Moral Revolt," Redbook Magazine, pgs ; , by Judge Ben Lindsey. A further ontin~ation in the Judge's series of artiles on the vital problems of a hanging soiety. Lindsey makes a strong argument against prohi b1 tion. In the ourse of the artile, Lindsey states his basi reed' "My reed is a simple one. I think it is up to the human rae to behave in a way that will intelligently make for the happiness & wefare of the greatest number of persons; that we are to use our ommon sense as individuals in judging what ondut,in any speifi situation, will do that. I think the best morality is based on happy, expansive, and generous living whih rekons duly on the happiness of others, and takes pleasure in that happiness." "The Moral Revolt," Redbook ~tagazine, pgs ; , by Judge Lindsey. Another essay in IJ.ndsey's series on vi tal problems in a hanging soiety. IJ.ndsey puts forth his views on marriage & divore; he omes out against early & unfit marriages. Asserts that "you an't put nature in a straight-jaket" and makes a strong ase for his idea of the ompanionate marriage.

11 ' f) -,L... 9.:: FF # DATE April May 1927 FF 4 1 DATE DESCRIPl'ION "The Moral Revolt," Redbook Magazine, pgs ; , by Judge Ben Lindsey. Another essay in the ontinuing series titled "The Mo'ral Revolt." These artiles grapple with Lindsey's views of the vital issues in a rapidly hanging soiety. In this artile he deals with the topi of hastity. "The Moral Revolt," Red book Magazine, pgs ; , by Judge Ben Lindsey, The final installment in Judge Lindsey's series. In this essay he urges people to take responsibility for their own moral deisions. DESCRIPTION MAGAZINE ARTIClES ON LINDSEY &: HIS WORK A Gratifying Corretion," The Outlook, pgs , author unknown. Editorial orreting an erroneous report that appeared in the July 7th issue. It onerned the sum of 5 million dollars being offered to Judge Lindsey's Juvenile Improvement Assoiation by J.D. Rokefeller. It was reported that the sum was offered and turned down. Judge Lindsey wrote to orret the report whih should have stated that Rokefeller had made no suh offer but that if he had, it should be aepted in order to ease the suffering of hildren whih is a ause that should be above politis November 1906 November 1908 September "An Epoh in Human History! The Work of Judge Ben Lindsey," The Nautilus, by William E. Towne, pgs The Juvenile Court in Denver, founded by Judge Lindsey, has established a new priniple in riminal proedure as it applies to hildren & has demonstrated the need for this hange. It's orretness has been proved by pratial appliation with great suess~ "Workers for the Common Good, Part II. Ben B. Lindsey - The Children's Friend," Th! Cirle, by ~an Beeher Stowe, pgs Desriptive sketh of Lindsey & the origin of the establishment of the Juvenile Court in Denver, told through a series of illustrative vignettes. "You-Don t-want-a-di vore-court," Reader s Digest, p. 85+, by Frank F. Taylor ondensed from artile of the same title that originally appeared in The New Republi. Using tehniques that evolved out of his long experiene with the Juvenile Court in Denver, Judge Lindsey pushed through a legislative bill in 1939 authorizing the reation of the County Courts of Coniliation in Los Angeles. The work, the proedures, and the suesses of this ourt are highlighted. "Toasts," The Forum, author unknown. A biographial sketh and a "toast" to Judge Ben Lindsey. He is featured asa "pratial human! tartan."

12 0 \ r FF t DATE DESCRIPTION POLITICAL MATERIALS.5 1 n.d. 5 2 June J Ot n.d. 5 6 n.d ) 5 8 April "Statement to Critis" by Judge Lindsey. A statement by Judge Lindsey in answer to ritis of his views on marriage and morality. The writings referred to are: "The Revolt of Modern Youth," and ~'The Moral Revolt.'' 2 opies) Taken from Leslie's Monthly Magazine, June 190.5, pgs The artile onsists of two parts: the first being a piee by William Mleod Raine entitled, "Judge Lindsey a Friend of Children," desribing Lindsey's work through the Juvenile Court and his own personal efforts; the seond being "The Bad Boys How to Save Him," by Judge Ben B. Lindsey. Artile from Amerian Illustrated Magazine, Otober 190.5, Vol. LX, No. 6, pg "Eel Martin's Reord: The True Story of the Reovery of a Bad Boy," by Benjamin B. Lindsey, Judge of the Denver Juvenile Court. "Then and No_w." Pamphlet of the printed opy and orrespondene between Alva Adams and Judge Ben Lindsey. It onsists of Lindsey urging Alva Adams to run for re-eletion as Governor of Colorado and Adams' reply to Lindsey. 8 pp.) SAMPlE BALLOT. Prepared by the Lindsey Campaign Committee. Side I: the sample ballot 1 Side II: an open letter from the Lindsey Campaign outlining the Judge's qualifiations; instrutions for asting the ballot; and a plea to save the Juvenile Court. Campaign Leaflet, "Save the Juvenile Court from the Corrupt Influenes of Mahine Politis," prepared by the Lindsey Campaign Committee. Details of how to ast the ballot, and speifially how to vote for Judge Lindsey. It also details what the Juvenile Court had aomplished under Judge Lindsey. J opies ) Pamphlets "A Seret Politial Leagues Who and lolhat It Is/ It's Anonymous Cirulars Exposed and Court Cases Involving the Sex Problem Frankly Disussed." by Judge Pen B. Lindsey, Judge of the Juvenile Court of Denver, Colorado. 92 pp. CHS library# )64.52/J1,4.5s. Judge Lindsey's effort to refute anonymous harges in irulation against him, and to un-mask his detrators. 2 opies) "Report of Hon. Ben B. Lindsey, Judge of the Juvenile Court, Denver, ;olorado, Chairman of the Committee on Juvenile Courts, before the International Congress on the Welfare of the Child, Held Under the Auspies of The Mothers' Congress" at Washington, D.C. 19 pp. The text of Lindsey's address. Judge Ben Lindsey ~ Companionate Marriage, Little Blue Book #1250, Edited by E. Haldeman-Julius, Haldeman-Julius Publiations, Girard, Kansas, 1927, 64 pp. This little book delineates Lindsey's

13 FF.J!.. \ DATE n _...sl 11 l? DESCRIPTION philosophy of the ompanionate marriage. The ompanionate marriage was a legal marriage entered into by two adults with the deliberate intention of having no hildren for an indefinite period of time and in whih neither would assume any finanial responsibilites for the other, The book also provides an aount of the attempt to oust Judge Lindsey from the benh and other attempts to intimidate him ~ the Ku Klux Klan ~ The ~~Plutoray in Coloradoa ~Retrospet and! Warning, ~ Judge Ben B. Lindsey, 68 pp. Lindsey expounds on his view of the power struture in Colorado. BOOKS &: 2 2 opies) The Problem of the Children and How the State of Colorado Cares for Thema ~ Report of the Juvenile Court of Denver, Merhants Publishing Co., Denver, Colorado, 1904, 222 pp. This book ontains a foreward and the following haptersa 1) The Fight for Childhood, 2) The Law and the Court, 3) The Administrative Work, 4) Fats and Figures, 5) The Expense, 6) The Court Approved, and an Index. COURT RECORDS Court Reporta People ex. rel. #12130; CBA Colorado Bar Assoiation) vs. Lindsey, 23 Pa. 2d 118, 93 Colo. 41. Photoopy of the forms issued ~ the Colorado Supreme Court regarding the disbarment proeedings against Judge Lindsey. It ontains the dissenting opinions of Justies BUtler , and Hilliard ). Court Order: People ex rel.; Colorado Bar Assoiation vs. Lindsey, 97 Colo No. 12, 130. Photoopy. Reinstatement of Judge Lindsey to the Colorado Bar.