, 1873-04-14
Propocoa Act to Suppress Divorce
Advertising by Fine or
Imprisonment.
Tho Question Of tho Liability
Of Married Women
to Arrest.
Jltlicinl Opinions Reported Dur.
ing the Past Week.
The Courts in Drief-.-Genern1 News,
Bankruptcy Mnttors, ind
Now Suits.

Tho disturbed rotations botwoon man aud wifo
Ero attracting Us much attention aoross the At
lantie as horo. Tho London La,o Times has MI
exceedingly interesting article OIL one branch Of
tho subject that we do not ron,ombor TO lave
como acroBs in tho Chicago courts-namely, the
liability Of married women to arrest under tho
circumstances cited. Tho Lao Times eays:
Women aro very much inelinel to insist on; on their
ahoua Exactly % are likely to sS 9ar
hes h ,on Ms y
~ our Court Of E1cha1uor Dlllon u Cunningham, y
+ ' FL s aud ths aspaa 9asf res
the fo.mer ha plaintiff n b,oaght g a. sc1Gn ,
ssa salns esSoss1s a' 9Re dd
ssals.th hor for debt aSd eosts Under hos narfaags
como Arising from property soitiod anon her q her
e Thest Gf and ps
July, She did not appear in tho action, becauso
= s t. E:
5usce ou.in, Il chaecrg pao M orer sears the
defondant to pay Tho amount Of tho cbt aud costs BY
application on her bohaf 10 SGT asi,c ills order It was
broadly coutended that marrcd woman Ia not within
ths ns9of s af2, That ng evo1so q ,o Of
bers.
THIS raised tho qusstion which is necessary to
man sued femo soo, and not pleading her cover-
ture, before tho Dobtors' net 1862 This point was
IL m ns s.:S %es g i p y :
md tho verdict went: against hor, mud
which application was rofusei. Tho ground Of such
@ p awnE ,Hs to &C. BY d.
Sung out witt OF INJURY, Bio lad her remedy tY
%ssss j yass Rss'se s hs & e I'll sss tss
suffered tho plaintiff to incur tho ozpense Of executing
a9sS Wss = s t. ii s so5s Sas = q danns
Sssss sss$'s..,s IT,. f. oo1 S'n ~ sa' e.
the suggested, III tho same ay as thoy will uct
aside an o9tiawry upon the terms Of payment Of all tho
wns r. g has tosn n TO- BY
by tho married wonan-aai his Loreiahip, It is not m
spptcation to tho equitable uriadicton tho 0our
right to be discharged married woman. There il
20 case where TINT has been allowed o1cept where sho
Cunningham, pason Martin said ;: mo doubt tho law
is that married woman Will only be discharged by tho
in sus sf: I'd % nsaad Il s sasn s
Of IL .eps md S:sn.,sss sssssss III
nut." bis LorslshIP added, III ia quito different
thing whore, as in tho present case creditor haa OBJ
ton in whieh She stands BY and neither Pleads her
m to s 1T Or et he r IT. is
md after having us stood by and ie matters
a 'no shon }s not y Judgment hS st b
TINT eho Ia d marricd wornau."
The Irish case 1a somewhat stronger in favor Of tho
70 tho pushing Of tho Married Womans Proper
y act Of 1910, and married subsequently to
uNdn thu rlnrr}nHB M 1H frr
alone under Section u Of tho not. Judgment was r.
piled fot her discharge on tho ground that ehe had
separate ,rropsr,y and no psss q paying The udg
Judgment Of the court, fasiowcd tic English deca-
ions and sud: avs 10 not lay down TINT in caae
hse We er ssn e nte3sgs ena Pr
do 90 unlesa circumstances rendcr IT tmpsrayo that
spect." And to the operation Of the Married Wom-
th th TroFeTy not n1n e exercise Of this discretion
te the Married Womens st. deprvsd hor creditors Of
he right Of suing hcr husband. it would have been
debts ahe owed before marriage And even II 1t werc
case In which had dlscretiou we think that It "a
one IL which wo should not b. juatihed in exercising
that discretion In her favor"
We think that teso cascs show With sufficient c1ear
ness what Ia tho position Of married woman Who In
tho ono cAse, contracted while married, aud, bong
sued does not plead her eovsrturs and In tho oher
contracted when sols Md makes provision for pay
property by marriage. In either case, being tnpriaon
"a and having no e1tsaordlnary ground upon, which
they must remain IN custody. OF seek soins mode 81
6,. sf5o;; r. T1s saas.igias ps!al ssIssd e
Dobtorn act II Is clearly established By Ills tint
there u nothing IN the act requiring judge before
that tic debtor has naeana That rcmnns to 10 done
At subsequent stage namely when % order for COM
nay issue an order to pay money, End even though
the defendant Ia not person liable to impr1s-
onment, there @ may bo some difficulty in obtaining .
release. This 3aa point connected with imprisonment
for dobt. which may render s abolition not real
Ia supposed.
D1yoncE ADVERTISING.
Judge Benjamin Haskell has sent us tho COPY
of a proposed bill that ho forwarded 10 Spring.
field on Friday. Tho framor is confident tint
Tho act will be popular among the respectable
portion Of the law profession, and ho invites
comment. Tho following is a copy: ',ys
Ar Aor to suppress newspaper ADVERTISING for d.
wnEnEAs, Il having become known to this 1Ionora-
bio Assembly that tho practtca Of advertising for
divorce 8uits between married. paEties by corain per-
eous of this State holding themselves out to the pub
ltc as lawyers and attorneys In rogulnr stnnling,
in the 6tate Of Illinois, and more especially In The
WnEnrAB, Il Is deemed by th14 Honorable Assembly
In on tbs part of such persons has parnieions effect
upon tho marriage institution Of tho community ut
largo, by way Of Inducements calculated to influence
Achlc-m!nded persnns, who never would think Of
separating from each other but for the preaenco Of
such Advertisements, making divorces easily obtatna-
BILE, at low figures and without scandal, otc; thero
fore,
Vi It tnaeted BY The ptopla q ths STATE e Innois.
Represented IL th6 General Assembly, Tint 1t ahall
hereafter DO unlawful for any peraon or per-
sons to engage in tho practice Of adycrlstnE in
any 'of the newspapers published In tho 6tata OF
Illinois for divorce sults between married pArttcs
and any person persons engaging tn such practice
OF advertising for divorce autn Ba he ltuble to I'LL
dctmeut and arrcs. by the grand inquest Of the
ty where such ononlcr reAtdcs or alyertlBes within
tits Slate; and On conviction thereof shall he nd.
Judged guilty high iHemeaor pupishaeo l
before whom BcA offender shall be tried, IN the co
ty 1a not exceeding tweny days, and II by hno, no
exceeding $l00, 4.
OPINIONS RIIED. -
The current number Of tho Chioago Legal
Ne1os giyes tho following:
The Lycoming County Court Of Common Pleas oi
pcnnaylvania holds that Catholic PRIEST duly ordan
"a and &pponted Iastor OF church may flo hts til