§ 196.: No limitation to State interference.— - Christopher G. Tiedeman, A Treatise on State and Federal Control of Persons and Property in the United States considered from both a Civil and Criminal Standpoint, vol. 2 
A Treatise on State and Federal Control of Persons and Property in the United States considered from both a Civil and Criminal Standpoint (St. Louis: The F.H. Thomas Law Book Co., 1900). Vol. 2.
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- State and Federal Control of Persons and Property. Vol. II.
- Chapter X.: State Regulations of Real Property.
- § 133.: What Is Meant By “private Property In Lands?”—
- § 134.: Regulation of Estates—vested Rights.—
- § 135.: Interests In Expectancy.—
- § 136.: Limitation of the Right of Acquisition.—
- § 137.: Regulation of the Right of Alienation.—
- § 137 A.: the Right of Testamentary Alienation and Intestate Succession—taxation of Inheritances.—
- § 138.: Involuntary Alienation.—
- § 139.: Eminent Domain—general Propositions. 2 —
- § 140.: Exercise of Power Regulated By Legislature.—
- § 141.: Public Purpose, What Is A.—
- § 142.: What Property May Be Taken.—
- § 143.: What Constitutes a Taking.—
- § 144.: Compensation, How Ascertained.—
- § 145.: Regulation of the Use of Lands—what Is a Nuisance?—
- § 146.: What Is a Nuisance, a Judicial Question.—
- § 147.: The Regulation of Unwholesome and Objectionble Trades.—
- § 148.: Regulation of Mines and Mineral Products.—
- § 149.: Regulation of Burial-grounds.—
- § 150.: Laws Regulating the Construction of Buildings In Cities.—
- § 151.: Regulation of the Right to Hunt Game and to Catch Fish. 3 —
- § 152.: Abatement of Nuisances—destruction of Buildings.—
- § 153.: How Far Use of Land May Be Controlled By Requirement of License?—
- § 154.: Improvement of Property At the Expense and Against the Will of the Owner.—
- § 155.: Regulation of Non-navigable Streams—fisheries.—
- § 156.: Conversion of Non-navigable Into Navigable Streams.—
- § 157.: Statutory Liability of Lessors For the Acts of Lessees.—
- § 158.: Search Warrants—sanitary Inspection.—
- § 159.: Quartering Soldiers In Private Dwellings.—
- § 160.: Taxation—kinds of Taxes.—
- § 161.: Limitations Upon Legislative Authority.—
- Chapter XI.: State Regulation of Personal Property.
- § 162.: Laws Regulating the Creation and Acquisition of Interests In Personal Property—real and Personal Property Herein Distinguished.—
- § 163.: Statute of Uses and Rule Against Perpetuity As Regulations of Personal Property.—
- § 164.: Regulation and Prohibition of the Sale of Personal Property.—
- § 165.: Laws Regulating Disposition of Personal Property By Will. 2 —
- § 166.: Involuntary Alienation.—
- § 167.: Control of Property By Guardian.—
- § 168.: Destruction of Personal Property On Account of Illegal Use. 2 —
- § 169.: Destruction of Personal Property In the Interest of Public Health.—
- § 170.: Laws Regulating the Use of Personal Property.—
- § 171.: Prohibition of Possession of Certain Property.—
- § 172.: Regulation and Prohibition of Manufacture of Certain Property.—
- § 173.: Carrying of Concealed Weapons Prohibited.—
- § 174.: Miscellaneous Regulations of the Use of Personal Property.—
- § 175.: Laws Regulating Use and Keeping of Domestic Animals.—
- § 176.: Keeping of Dogs.—
- § 177.: Laws For the Prevention of Cruelty to Animals.—
- § 178.: Regulation of Contracts and Rights of Action.—
- § 179.: Regulation of Ships and Shipping.—
- Chapter XII.: State Regulation of the Relation of Husband and Wife.
- § 180.: Marriage, a Natural Status, Subject to Police Regulation.—
- § 181.: Constitutional Limitations Upon the Police Control of Marriages.—
- § 182.: Distinction Between Natural Capacity and Legal Capacity.—
- § 183.: Insanity As a Legal Incapacity.—
- § 184.: The Disability of Infancy In Respect to Marriage.—
- § 185.: Consanguinity and Affinity.—
- § 186.: Constitutional Diseases.—
- § 187.: Financial Condition—poverty.—
- § 188.: Differences In Race—miscegenation.—
- § 189.: Polygamy Prohibited—marriage Confined to Monogamy.—
- § 190.: Marriage Indissoluble—divorce.—
- § 191.: Regulation of the Marriage Ceremony.—
- § 192.: Wife In Legal Subjection to the Husband—its Justification.—
- § 193.: Husband’s Control of Wife’s Property.—
- § 194.: Legal Disabilities of Married Women.—
- Chapter XIII.: State Regulation of the Relation of Parent and Child, and of Guardian and Ward.
- § 195.: Original Character of the Relation of Parent and Child—its Political Aspect.—
- § 196.: No Limitation to State Interference.—
- § 196a.: People V. Turner.—
- § 197.: Compulsory Education.—
- § 198.: The Child’s Right to Attend the Public School—separate Schools For Negro Children—expulsion From School Must Be For a Reasonable Cause.—
- § 199.: Parent’s Duty of Maintenance.—
- § 200.: Child’s Duty to Support Indigent Parents.—
- § 201.: Relation of Guardian and Ward Altogether Subject to State Regulation.—
- § 202.: Testamentary Guardians.—
- Chapter XIV.: Police Regulation of the Relation of Master and Servant.
- § 203.: Terms “master and Servant” Defined.—
- § 204.: Relation Purely Voluntary.—
- § 205.: Apprentices.—
- § 206.: Regulation of Private Employment.—
- § 207.: Public Employments.—
- Chapter XV.: State Regulation of Corporations.
- § 208.: The Inviolability of the Charters of Private Corporations.—
- § 209.: Police Control of Corporations.—
- § 210.: Freedom From State Control, As a Franchise.—
- § 211.: Police Regulations of Corporations In General.—
- § 212.: Laws Regulating Rates and Charges of Corporations.—
- § 213.: Regulation of Foreign Corporations.—
- § 214.: Regulations of Railroads.—
- Chapter XVI.: The Location of Police Power In the Federal System of Government.
- § 215.: The United States Government One of Enumerated Powers.—
- § 216.: Police Power Generally Resides In the States.—
- § 217.: Regulations Affecting Interstate Commerce.—
- § 218.: License Tax Upon Drummers and Peddlers.—
- § 219.: Taxation of Interstate Commerce.—
- § 220.: State Regulation and Prohibition of Interstate Commerce, Particularly, Articles of Merchandise.—
- § 221.: State Regulation of Railroads and Other Common Carriers, and of Their Business, When an Interference With Interstate Commerce.—
- § 222.: The Jurisdiction of Anti-trust Laws, National and State, As Affected By the Interstate Commerce Clause.—
- § 223.: Control of Navigable Streams.—
- § 224.: Regulation of Harbors—pilotage Laws.—
- § 225.: National and State Quarantine Laws.—
- § 226.: Regulation of Weights and Measures.—
- § 227.: Counterfeiting of Coins and Currency.—
- § 228.: Regulation of the Sale of Patented Articles.—
- § 229.: War and Rebellion. 5 —
- § 230.: Regulation of the Militia.—
- § 231.: Taxation.—
- § 232.: Regulation of Offenses Against the Law of Nations.—
- § 233.: The Exercise of Police Power By Municipal Corporations.—
No limitation to State interference.—
If it be true that the control of children, by whomsoever the control is exerted, is an exercise of police power, and can be justified only as such, on constitutional principles, then the parental control is a privilege or duty, and not a natural right; and this view meets with a tacit acquiescence, as long as the limitations upon the parental control are confined to the ordinary ones, with which long usage has made us familiar. Thus we readily acknowledge the right of the State to punish the parent for inflicting cruel and excessive punishment; and in a clear case of cruel treatment, we would not be shocked if the authorities were to take the child away from the parent. But we are startled if the rule is carried to its extreme limit in laying down the proposition, that, being a privilege, the State may take away the parental control altogether, and assume the care and education of the child, whenever in the judgment of the legislature such action may be necessary for the public good, or the welfare of the child. And such has been, with few exceptions, the opinion of the courts of this country. Thus, at common law, and everywhere in America, in the absence of statutory regulation to the contrary, the father has the absolute control of his minor children, to the exclusion of a similar right in the mother. Is this discrimination against the mother in recognition of the father’s natural right to the custody of the child? If this were true, the legislature of New Jersey exceeded its powers when it provided by statute that the mother, in cases of separation, shall have the custody of children of tender age. But the Supreme Court of that State held that the act was constitutional. In rendering the decision the court said:—
“The argument (that the act is unconstitutional) proceeds upon the assumption that the parent has the same right of property in the child that he has in his horse, or that the master has in his slave, and that the transfer of the custody of the child from the father to the mother is an invasion of the father’s right of property. The father has no such right. He has no property whatever in his children. The law imposes upon him, for the good of society and for the welfare of the child, certain specified duties. By the laws of nature and of society he owes the child protection, maintenance, and education. In return for the discharge of those duties, and to aid in their performance, the law confers on the father a qualified right to the services of the child. But of what value, as a matter of property, are the services of a child under seven years of age? But whatever may be their value, the domestic relations and the relative rights of parent and child are all under the control and regulation of municipal laws. They may and must declare how far the rights and control of the parent shall extend over the child, how they shall be exercised, and where they shall terminate. They have determined at what age the right of the parent to the services of the child shall cease and what shall be an emancipation from his control.”
It has also been held that Congress has power to enlist minors in the navy or army, without the consent, and against the wishes of the parents.
In New York, also, it has been held that the commissioners of public charity have the power, under the statutes of that State, to bind out to apprenticeship a child left to their care by the father, without providing the means of support, against the father’s will or without his consent.
Bennett v. Bennett, 13 N. J. Eq. 114. See, also, People ex rel. Zeese v. Masten, 79 Hun, 580; Ex parte Liddell, 93 Cal. 633.
See United States v. Bainbridge, 1 Mason, 71. See, also, to the same effect, People ex rel. Duntz v. Coon, 67 Hun, 523; People ex rel. Zeese v. Masten, 79 Hun, 580; Ex parte Liddell, 93 Cal. 633.
People v. Weisenbach, 60 N. Y. 385.