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The political crisis in Denver; an address delivered at Trinity Church
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The Juvenile Court Laws of the State of Colorado. As in Force and as Proposed and Their Purpose Explained
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The Doughboy's Religion and Other Aspects of Our Day
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Benjamin Barr Lindsey was an American judge and social reformer. He served in the county court from 1901 to 1927.
Background
Benjamin Barr Lindsey, better known as Ben B. Lindsey, was born on November 25, 1869 in Jackson, Tennessee, United States, the first of three sons and eldest of four children of Letitia Anna (Barr) and Landy Tunstall Lindsey. His father, a captain in the Confederate Army, was a native of Jackson, Mississippi; according to family tradition, the first American Lindsey had migrated to pre-Revolutionary Virginia from Scotland. The boy's mother, a first-generation American of Scotch-Irish and Welsh origin, was born in Tennessee. Ben's early childhood, spent chiefly at his maternal grandfather's home in Jackson, Tennessee, was happy but not entirely free of discord. The Lindsey family's conversion to Catholicism soured relations with the Barrs, though they continued to regard their grandchildren with affection.
When Ben was eleven, his father, a superintendent of telegraph operations, moved the family to Denver, Colorado. Later his maternal aunt's husband became a second father to him. "Uncle Bates, " a follower of Henry George and a strong anti-Catholic, may have contributed to Lindsey's sympathy in later years for unorthodoxy in politics and economics, and perhaps influenced his decision to leave the Catholic Church. When Ben was sixteen, his father, despondent over poor health and mounting debts, committed suicide. Ben and his younger brother became the family breadwinners.
Education
Benjamin studied at the elementary school attached to Notre Dame University in Indiana. Then he attended Southwestern Baptist University, Tennessee --the equivalent of a preparatory school--where he participated actively in school affairs and became secretary of the debating society.
Career
Ben started his work experience as a janitor, newspaper carrier, and office boy for a lawyer, with whom he began to read law. According to his own account, fatigue and despair led him to attempt suicide when he was nineteen. Out of this crisis grew a resolve to continue with the law, and in 1894, at twenty-four, he was admitted to the bar. He soon became active in Democratic politics and was rewarded in 1899 by a minor post as public guardian and administrator. In 1901 he was appointed to an unexpired term in a county judgeship, an office he continued to hold, through numerous heated elections, for the next twenty-six years.
During his tenure, and largely through his efforts, his court evolved into the Juvenile and Family Court of Denver, the best-known court of its kind in the world; within a few years Lindsey had become, in the public mind, the leading representative of the burgeoning juvenile court movement. With extraordinary energy, Lindsey drafted and effectively mobilized popular support behind every major item of children's legislation enacted in Colorado. His booklet The Problem of the Children and How the State of Colorado Cares for Them (1904) described the early "Lindsey Bills" and led to their adoption in a number of states, often aided by his personal appeals to legislative committees.
The Judge also won fame as a lyceum speaker. A great raconteur, he often recalled in his lectures his own conversion to the juvenile court program, with its emphasis upon probation rather than confinement. Shortly after his appointment to the county judgeship, Lindsey had sentenced a young boy to reform school for stealing some coal. The boy's mother became hysterical and had to be removed from the courtroom. The scene so unnerved the Judge that he arranged with the district attorney to place the boy on informal probation, even though there was no legal basis for the action. That evening Lindsey visited the boy's home and discovered that he had stolen the coal to heat his parents' shanty; the boy's father was unable to work and was dying of lead poisoning contracted in a mine. Under existing laws, neither the state nor the employer had any obligation to help the family. This episode invariably elicited the humanitarian sympathy of an audience and underlined the need for social legislation, which Lindsey increasingly emphasized. It also supported another major theme of Lindsey's speeches and writings, that economic injustice was the major cause of crime.
A second episode, also based on fact, which became part of the Lindsey legend was his experiment in sending an "incorrigible" boy to detention school without an escort. Soon the "experiment" became a frequent practice, and the boys Lindsey trusted rarely failed him. Lindsey's work in Denver attracted the attention of national magazines, and numerous writers visited Denver to observe his court, including Lincoln Steffens, who wrote three articles for McClure's in 1906 on "The Just Judge. " Lindsey himself described his battles with the public utilities companies of Colorado in a series of articles for Everybody's Magazine (1909 - 1910), later published in book form as The Beast (1910).
An inveterate correspondent, he formed friendships with Jacob Riis, Theodore Roosevelt, and Edward W. Scripps. He also exchanged political endorsements with Roosevelt, Joseph W. Folk, Tom Johnson, Robert M. La Follette, and Brand Whitlock. In the same period, he was peripherally associated with such causes as woman suffrage, prison reform, and the abolition of capital punishment.
Lindsey run unsuccessfully for governor as an independent in 1906, and again, in 1912, to aid in the formation of the Progressive party in Colorado. In the 1920's, partly as a result of problems he encountered in his court, Lindsey became increasingly interested in, and identified with, the so-called sexual revolution. In collaboration with Wainwright Evans, he wrote The Revolt of Modern Youth (1925) and The Companionate Marriage (1927).
His narrow electoral victory in 1924 was reversed when the Colorado supreme court invalidated all votes in a predominantly Jewish precinct where Lindsey had run strong. In 1929 he was disbarred for receiving remuneration for legal services during his judgeship. Since the services were rendered in New York in a matter outside his jurisdiction, it was widely believed that the punishment was excessive and motivated by personal animosity. Although the Colorado supreme court readmitted him to the bar in 1935, Lindsey spent the rest of his life in California, where he had moved in 1930. In 1934 he ran for a county judgeship in Los Angeles and won an overwhelming victory. Lindsey presided over the Los Angeles division of this court until his death.
Lindsey died of a heart attack at the Good Samaritan Hospital in Los Angeles at the age of seventy-three; his body was cremated. His ashes were strewn in the garden of the family home, except for a small portion which his widow sprinkled on the site of Lindsey's courthouse in downtown Denver.
Achievements
Lindsey was a pioneer in the establishment of the juvenile court system and a leader in the movement to abolish child labor. His most important original contribution to juvenile legislation was the Colorado Adult Delinquency Act of 1903, which established the principle that adults contributing to the delinquency of a minor were legally responsible. By 1920, forty states and the District of Columbia had adopted laws based on this Colorado statute. He also drafted new proposals for children's legislation. The best known of these, adopted by the California legislature in 1939, was the Children's Court of Conciliation, a formalized effort to save marriages through counseling.
Lindsey was a member of the Democratic Party, but later he left his party and became a member of the National Committee of the Progressive Party. He was a strong supporter of Theodore Roosevelt, he made many speaking tours across the United States in Support of Roosevelt's candidacy.
Views
Lindsey advocated compulsory education in sexual matters, including contraception, and a liberalization of divorce laws which would permit a childless couple who had failed in an honest effort to save their marriage to obtain a divorce without the cost and formality of a conventional lawsuit. Lindsey's proposals were not extremely radical, but his vehement attack on the smugness and hypocrisy of American puritans and his enthusiasm for the younger generation's growing frankness regarding sex caused the public media to portray him as chief spokesman for "flaming youth. " Lindsey's pervasive liberalism made him an inevitable target of the Ku Klux Klan, a major influence in Colorado in the 1920's.
Connections
On December 20, 1913, Lindsey had married Henrietta Brevoort of Detroit, who was subsequently closely associated with him in his work. They had one adopted daughter, Benetta (a composite of their first names).
