All are agreed, however, that the
powers of one or the other of the two special courts should be enlarged
to cover bastardy cases, where this is not now done.
The domestic relations court, whether separate or as part of a family
court, ought to have equity powers, so that the usual rules of evidence
need not be so closely adhered to and more latitude could be allowed the
magistrate in disposing of cases, not necessarily according to ruling
and precedent but according to the social needs disclosed. A
constitutional amendment now pending in New York is a model for this
sort of legislation. It is in part as follows:
"The legislature may establish children's courts and courts of
domestic relations as separate courts or parts of existing courts,
or courts hereafter to be created, and may confer upon them such
equity and other jurisdiction as may be necessary for the
correction, protection, guardianship and disposition of delinquent,
neglected or dependent minors, and for the punishment and correction
of adults responsible for or contributing to such delinquency,
neglect or dependency, and to compel the support of a wife, child or
poor relative by persons legally chargeable therewith who abandon or
neglect to support any of them.
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