"James Holden has a legal guardian, appointed by law at the express will
of his parents. Headstrong, he has seen fit to leave that protection. He
is fighting now to remain away from that protection. I can presume that
James Holden would prefer to remain in the company of the Fishers where,
according to Mrs. Fisher, he was not responsible to her whatsoever, but
rather ran the show himself. I--"
"You can't make that presumption," said Judge Carter. "Strike it from the
record."
"I apologize," said Manison. "But I object to dismissing this case until
we find out just what James Holden has in mind for his future."
"I'll hold Counsel Waterman's petition in abeyance until the point you
mention is in the record," said Judge Carter. "Counsel, are you
finished?"
"Yes," said Manison. "I'll rest."
"Mr. Waterman?"
Waterman said, "Your Honor, we've been directed to show just cause why
James Holden should not be returned to the protection of his legal
guardian. Counsel has implied that James Holden desires to be placed in
the legal custody of Mr. and Mrs. Fisher. This is a pardonable error
whether it stands in the record or not. The fact is that James Holden
does not need protection, nor does he want protection. To the contrary,
James Holden petitions this Court to declare him legally competent so
that he may conduct his own affairs with the rights, privileges, and
indeed, even the _risks_ taken by the status of adult.
"I'll point out that the rules and laws that govern the control and
protection of minor children were passed by benevolent legislators to
prevent exploitation, cruelty, and deprivation of the child's life by
men who would take advantage of his immaturity. However we have here a
young man of twelve who has shown his competence to deal with the adult
world by actual practice. Therefore it is our contention that protective
laws are not only unnecessary, but undesirable because they restrict the
individual from his desire to live a full and fruitful life.
"To prove our contention beyond any doubt, I'll ask that James Holden be
sworn in as my first witness."
Frank Manison said, "I object, Your Honor. James Holden is a minor and
not qualified under law to give creditable testimony as a witness."
Waterman turned upon Manison angrily. "You really mean that you object to
my case _per se_."
"That, too," replied Manison easily.
"Your Honor, I take exception! It is my purpose to place James Holden on
the witness stand, and there to show this Court and all the world that he
is of honorable mind, properly prepared to assume the rights of an adult.
We not only propose to show that he acted honorably, we shall show that
James Holden consulted the law to be sure that whatever he did was not
illegal."
"Or," added Manison, "was it so that he would know how close to the limit
he could go without stepping over the line?"
"Your Honor," asked Waterman, "can't we have your indulgence?"
"I object! The child is a minor."
Public-domain text, read in full here on John Shaqi.
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