no doubt in the world that he could
conjugate Latin verbs, discuss the effect of the Fall of Rome on Western
Civilization, and probably compute the orbit of an artificial satellite.
But can James Holden fly a kite or shoot a marble? Has he ever had the
fun of sliding into third base, or whittling on a peg, or any of the
other enjoyable trivia of boyhood? Has he--"
"One moment," said Judge Carter. "Let's not have an impassioned oration,
counsel. What is your point?"
"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 f
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