The opinion
VAN DYKE, J.
I concur in the affirmance of the judgment. I do so upon the ground stated in the forepart of the opinion of Justice pro tern. Deirup, that the trial court’s finding appellant is unfit to act as guardian is supported by *153 substantial evidence and therefore is binding upon this court on appeal. That state of the record renders unnecessary that part of the opinion which discusses the soundness of the rule that before custody can be taken from or refused to a parent there must be a finding the parent is unfit to have it. After the statutory change pointed out had occurred, the rule was reaffirmed by the Supreme Court and is binding upon us. Any relaxation of the rule must come from that court or from the Legislature.