"I accept the statement!" stormed Waterman. "And I say that we intend to
prove that this minor is qualified to act as an adult."
"And," sneered Manison, "I'll guess that one of your later arguments will
be that Judge Carter, having accepted this minor as qualified to deliver
sworn testimony, has already granted the first premise of your argument."
"I say that James Holden has indeed shown his competence already by
actually doing it!"
"While hiding under a false façade!"
"A façade forced upon him by the restrictive laws that he is petitioning
the Court to set aside in his case so that he need hide no longer."
Frank Manison said, "Your Honor, how shall the case of James Holden be
determined for the next eight or ten years if we do grant James Holden
this legal right to conduct his own affairs as an adult? That we must
abridge the laws regarding compulsory education is evident. James Holden
is twelve years and five months old. Shall he be granted the right to
enter a tavern to buy a drink? Will his request for a license to marry be
honored? May he enter the polling place and cast his vote? The contention
of counsel that the creation of Charles Maxwell was a physical necessity
is acceptable. But what happens without 'Maxwell'? Must we prepare a card
of identity for James Holden, stating his legal status, and renew it
every year like an automobile license because the youth will grow in
stature, add to his weight, and ultimately grow a beard? Must we enter on
this identification card the fact that he is legally competent to sign
contracts, rent a house, write checks, and make his own decision about
the course of dangerous medical treatment--or shall we list those items
that he is not permitted to do such as drinking in a public place, cast
his vote, or marry? This State permits a youth to drive an automobile at
the age of sixteen, this act being considered a skill rather than an act
that requires judgment. Shall James Holden be permitted to drive an
automobile even though he can not reach the foot pedals from any position
where he can see through the windshield?"
Judge Carter sat quietly. He said calmly, "Let the record show that I
recognize the irregularity of this procedure and that I permit it only
because of the unique aspects of this case. Were there a Jury, I would
dismiss them until this verbal exchange of views and personalities has
subsided.
"Now," he went on, "I will not allow James Holden to take the witness
stand as a qualified witness to prove that he is a qualified witness.
I am sure that he can display his own competence with a flow of academic
brilliance, or his attorney would not have tried to place him upon the
stand where such a display could have been demonstrated. Of more
importance to the Court and to the State is an equitable disposition
of the responsibility to and over James Quincy Holden."
Judge Norman L. Carter leaned forward and looked from Frank Manison to
James Holden, and then to Attorney Waterman.
Public-domain text, read in full here on John Shaqi.
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