Richmond dispatch. [volume] (Richmond, Va.) 1884-1903, 1898-05-22
NOT MAJORS. nUT MINORS.

of the very young men in this State are
! anxious to take up arms in our war with
| Spain, but 1t is likewise safe 10 say that
| in the great majority of cases the parents
of the fiery patriots naturally object.
And this conflict between youthful ardor
and mature discretion has disturbed many
a household of late, and great discussions
have been engendered thereby.
1t is hard to blame either faction or
to lay down any precise rules which
should settle such difficulties. OF course,
where the would-be soldier has arrived
at what the law pescribes as the age
Of discretion, he must be left entirely TO
his own conscience and good judgment,
but in the cases of those who have not
attained their majority, some perplexing
questions have arisen.
We cannot harshly censure the young
man, who, holding country above parental
authority, secretly enlists, and thus
attempts to elude the restrictions which
would otherwise be placed upon him.
But on the other hand, the fathers and
mothers who seek to thwart such
schemes are likewise entitled TO con-
sideration, for their motives are of the
most unselfish character. Along this line
some intricate questions of law have re-
Gently arisen and the decisions in these
cases are well calculated to excite gene
raj interest at this season of martial pre-
parations. The point involved is, of
course, the clash between national au-
thority on the one side and parental
or statutory guardianship on the other.
Some days ago young Virginian from
Loudoun county, who was within a
few weeks of his majority, enlisted in
the Fifth Maryland Regiment, and when
just about to start for Chickamauga he
was called from the ranks to figure in
habeas corpus proceedings which had
been instituted by his guardian ID secure
his discharge from the servicee The
young man was enthusiastic on the sub
ject of war but his guardian, who was
also his grandfather, strenuously OBJ
jected and resorted to legal procedure in
order to curb the youths aspirations.
The judge of the United States Court
who heard the case remanded the young
enthusiast to his regiment, much to the
guardians indignation and the boys de-
light. He based hts decision on the fact
that the soldier-lad had been living away
from his grandfather for a number of
years, earning his own living, or nearly
so, and on the further fact that the youth
had reached that age when his own
feelings in the matter had great weight
as the guardianship was more technical
than actual. Moreover, the evidence TO
establish the fact of guardianship was in
sufficient, though that was of Sc
condary importance.
The recent case of the Henrico man
who was arrested by the Federal authori-
ties for deSertion from the United States
army has a still more important bearing
upon this subject. The prisoner was
taken into custody several months ago,
and then admitted both his enlistment
and desertion. but based his plea for dis
charge on the fact that he enlisted as
minor and without the consent Of his
parents. On this ground he obtained his
release and his rearress was due to a re-
versal of the decision of the lower court.
Judge Smonton, of the United States
Circuit Court of Appeals, prepared the
opinion of the appellate tribunal and 1t
was concurred in by his learned asso-
ciates. This opinion is based on a con-
struction of sections l116 and iii of the
Revised Statutes, which had also been
considered by the lower court. The
former section authorizes the enlistment
into the army of recruits between the
ages of 16 and 80, but the latter requires
the written consent of parents or guard
ians when the applicant Is under the
age of q and provided that he is under
the control and in the custody of such
parent or guardian.
Quoting several excellent authorities,
Judge Simonton says that this latter pro-
vision is solely for the benefit of the
parent or guardian, and means that the
government will not disturb his control
over his ward. 1t gives the right to such
parent or guardian TO invoke the aid of
the court TO secure the restoration of
the minor, but allows no such privilege
to the minor. In the light of this ruling
lHc NtStltNi iiuot tHO PShoits pAC-
scribed for such cases.
II appears from this decision of the !
United States Circuit Court of Appeals, |
that while minors over the age of 16 are |
capable of entering the military service,
the rights of parents and guardians are
carefully guarded. IL the youth is under |
their immediate control and has enlisted |
without their consent, they may pro-
cure his discharge by proper legal steps. |
But the same leniency does not apply to |
the unfortunate minor who, under the |
impulse OF the moment, joins the army |
and then laments his haste. OF course, |
what has been said above applies only |
10 fine United States army and not to the |
volunteer militia OF this State. Until |
mustered into the service of Uncle Sam |
there is still hope of escape, and many |
are the lads who have already been |
snatched away from military commands |
by parents who looked not on the seRt-
mental side OF war. II Is a monument 10
the courage and patriotism OF our youth
that I'm nearly every case where minors |
have been forced to withdraw from the |
military the step has been caused by |
their parents and not by fear or In
decision on the part Of the young soldiers.