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§ 201.: Relation of guardian and ward altogether subject to State regulation.— - 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

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Topic: The American Revolution and Constitution

§ 201.: Relation of guardian and ward altogether subject to State regulation.— - 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 [1900]

Edition used:

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.

Author: Christopher G. Tiedeman

Part of: A Treatise on State and Federal Control of Persons and Property in the United States considered from both a Civil and Criminal Standpoint, 2 vols.

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§ 201.

Relation of guardian and ward altogether subject to State regulation.—

Inasmuch as the guardian is ordinarily appointed by a court of the State in which the minor resides, there can be no doubt that the rights, obligations and duties of guardian and ward to each other are subject to the almost unlimited control of the State. The guardianship is instituted for the benefit of the minor, and it is for the legislature to determine what will advance his interests.1 But there is some doubt involved in determining the limitations of police power in the control and regulation of the powers and duties of

[1]It has thus been held that in the capacity of a guardian of his minor child the father is competent to sue for injuries to the child, without making the child a party to the suit. In his character as a guardian, he appears in the suit as the representative of the child, so that the child is a party by representation. See Lathrop v. Schulte, 61 Minn. 196; Hess v. Adamant Mfg. Co. of America, 66 Minn. 79.