sick person has a right to
have. He said if it was a question of a few dollars a week, he
supposed he would be willing to do it, and visitor felt he really
was willing to do the right thing if he only could be assured that
woman would not interfere with Arthur. Said he would never let woman
see the child, but finally admitted, if she were not drunk and was
in the hospital and it would do any good, he supposed she could."
With persistent or recalcitrant deserters as a group, court action has
very often to be invoked. Procedure in this direction differs so much in
different communities that only general observations can be offered
here. If the man has left his home but not the town and is still within
the jurisdiction of the local court, the magistrate will usually issue a
summons (which in many cities the wife is expected to serve) calling on
the man to appear at court on the date set for the hearing. If he fails
to appear a warrant for his arrest is issued. If he has left the city
but not the state, local courts may issue warrants, which can be mailed
to the city to which the man has gone and served by the police there; or
an officer may be sent from the home town with a warrant to arrest the
man and bring him back.
Prior to his arraignment, the best court practice calls for an
investigation by the probation officer, so that the judge may have
substantiated facts before him when the case comes up. Whether this is
done or not here is the time and place for the social worker who already
knows the family to get his knowledge in usable fashion before the
court. How best to do this varies greatly in different communities.
Sometimes the social worker is permitted to talk the matter over with
the judge personally, sometimes with the probation officer, clerk or
other court official. Sometimes a written report is required, to be
attached to the probation officer's report. Occasionally the social
worker gets no chance to be heard unless he is present to testify in
open court. In the last two contingencies, care must be taken to
safeguard information given in confidence, even by the deserter. Letters
marked "confidential" should not ordinarily be submitted in court except
by consent of the writer, as some judges hold that material so submitted
becomes a matter of public record.
The approach to the court, therefore, is governed by local conditions. A
very important part of co-operation in any community
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