The Montgomery advertiser., 1903-03-01
RIGHTS OF PARENTS
Continued from Page Eighty

Continued from Page Eighty / regular only in that he chad passed the Rge limit, and deceived the officer ~ to that fact. The Supreme Court held he was estopped to take advantage of his own wrong and the government, the wronged party. had waived its objections. Under these circumstances the court held that Grimsley acquired valid military status, notwithstanding the limitation as to his age The court, discussing the stat ute, asks: "Who can take advantage of Grimsley's lack of qualification?' and an- Bwers: Obviously, only the party for whose benefit 1t was inserted" The par ty, there, was the government; and 1t waived the lack Of qualification. Con- cerning the acquisition of military status, the court remarked: "0f course
 these considerations do not apply, where there is idiocy, insanity. infancy, or any other disability, which, in it's nature, disables party from changing his status, or entering into new relations; but where the party Is sui juris, without any disa- bility to enter into the new relations the rule generally applies" Certainly mi nor is not sui juris. Certainly under this statute, he is not without "any disa- tility' to "enter into the new relations" as against the father. The government may waive the minors age, so far as that enters into his qualification. But nothing It can do, can create the fathers con sent Without that consent, there Is an absolute disability to enter Unto new relations" so as to build up rights in the government against the father.
 In Morrissey's case, the court again an- swers the question: 'rWho can take ad- vantage of the lack of qualAcation?''
 Speaking of statute forbidding the enlistment of minors in the Army with put the parents consent the court said: ''This provision is for the benefit of the parent or guardian It means simply, that the Government will not disturb the control of the. parent or guardian over his or her child, without consent. It gives the right to such parent or guar dian to invoke the aid of the court, and Becure restoration of the minor to his or her control, but it gives no privilege to the minor" MOrrissey enlisted under age, and his mother did not consent. She took no steps whatever to assert her rights, and did not Sue out the writ of habeas corpus. which was asked by Morrissey himself after he had been con- vcted of deserton. and was undergoing punishment The court, in that connec- ton, remarked: His mother not inter- fering, ne was bound to remain in the service, and the parent not insisting on her rights, the fact that he had moth- CT living at the rimp. is. therefore, i'm material" It was mt decided in that case. tan any military status would have remained. if the parent Tad inter- fered, or that the enlistment whatever its character as rothe minor does not become zoid abi nitio, when the parent interferes The doctrine in that case is declared In view If the fact that the parent had naveT .nterfered. All that the case, and the arguments In support of 1t. maintains Is, that the minor, so far as Ee was concerned. acquired a military status which as against him, was good until there was ;nterfsrence by ore who had a right to his custody and control.
 There was "lnhe. ent vice" in the eve