, 1873-11-09


who have visited the lako bear testimony thnt
tho waters ARE awect aud abound In fish, Alto
gether the subject is very interesting ono. and
tho sciontiho world will anxiously await further
davalopmeata
THE Last HOPE FOR W1n0WERs.
There is eli Arabian proverb which 1ikons mar-
riago to boaieged fortress: thuso WHO arc OUT
slde Wish to get in, and those who aro inside
wish to get out. Atontaigne adopted this view
Of tho case, and Emerson hos followed him.
Tho late Mayor Ka1b1eisoh, OF Brooklyn, was
living, though nov doad, notification Of Arabian
wisdom. He had been married onco, and raised
: family Of children, who gratefully endeavored
10 saye him from getting looked up IN the
fortress again. But ho encountered In
bis lono condition tho blooming widow
hood Of Mrs. Mary Wade, who roawakonod
his dormant affections and rejuvenated his
forgotten passions. Ho paid court to tho
fascinating widow, carried her countcrfeit pre-
s,ntment In his 1ockot to show to his frionds,
euorod into formal agreement Of marriage,
auaproclaimed his new happinoas to the world.
Butho had no sooner got thus far than he wantod
to gotback. His dl1illren made life uncomforta-
bic. Nis friends p1otoated He rcoeiyed anony-
NOUS communications that reflected upon the
fa1r Tidow, and lntiunted that her fasclnations
nero wilea to catch theaunwary. Mayor Kalb1eisch
resolved, therefore, to mako sortio boforo he
could 10 30 'hopoless1y belsagucrod that thoro
should 20 no chance OF teHcape. Flo broke tue gold
On chaln OF ldvc that bound him to the charming
HRS Vale, and left Ter d6aconBolnto at the lossof
her prosloota for presiding at tho Mayors table.
Mrs. Wade was not tho woman to bear in mee1t-
neBs the slatteting OF her fondest hopes, tie
/ blighting Of hor ambition, and the whitening Of
hor araert Injections. sho instituted suit in
asBumpBit agaust Mayor Kalbaeisah, aottng up
a. contract Of marriage and ita violation, and
aaking for such laAnagoB as mere dross can giyo
| for brokon hears and disappointed loves. sho
wanted tho cours to apply greenbacls plastor
| to her wonnds. =
L 30 far, the story1 Mayor Kalbaeisch'a love
docs not di1rer materially from that Of other o.
dorly gentlomon who re caught in the tolls Of
youthful desirea. Buta1ayor Kalbaeiacl WAS no
common widowor. He did not propose that
Mrs. Wado should havo YER way in an things.
Flo proceeded aolibarate1y>p . comp1icato mattors.
He died. This left taao alreay dlsconBolate &1rs.
| Wade with the anglo legacy # lnwsuit There
had been d hrench OF promise, but the promiser
| was no more. He had gone to land where
there are no willy widows, since t1ero is neither
marrying nor giving in marriage in Heaven. But
| Mrs. Wadeas so9rows were Of tho earth, earthy
ind Of tho world, worldly. Her leart-strings
had been .r1thcssly snapped in twain. Her
widoHly affections had boon tri1oa with. Mtse-
over, II sho had been tho widow OF the lto
Mayor Kalbaedaoh, instosd Of tho lato Mr. Wado
she might hare had soine so1aoo for har be-
reavcment'in an equitable division Of tho largo
estate. as Mrs. Kalb1eisch, Bho might hayo
driven to tho funoral in her own carriago md
as chiet-mourner. as Mrs. Wade, sic hadn't
epon tue sooial right to appear In new
suit OF deep mourning. What woman could
DO expected to quietly resign this right, and
especially when weeds aro so becoming? II any
thing, hero was now ground for damages, and,
40 far from dropping the breaoh-of- promise suit,
sue might Reasonably add $780, to her cIaim,
because Mayor Kalb|aeisch deliberately pro-
ceedod to dio In thu full consciousness That Ao
was dopriving her Of tho single consolation Of
ncw wdowhood- new clothes. htra Wade could
not reaaonablY bo expected to endure this
now aGront, aud Bhe ordered her lawyers
to continue tho ssuit for damages against
tho lato Mayor :KalbaeiscA's estato. Be-
fcrn /, Is foo II h. hal fpfa md n1-
mitted tho epgaganeat to marry Mrs. Wade, but
SGT up Justification for breaking it. On this
ground, Mrp, Wsle's counsel hold that tho &C.
tion eLot1ld survive tho death, aud the contract
ought to be enforced, dead Or alive, unleas tho
juatiacation:for broaking 1t could DO proved to
ho aulaoantIn tl1o eyes Of tho law. Tlo1awyora
on the ;othor eido threw Themselves back
on tho !; axiom :; Of tic Common Law,
oxpresaed IN the customary bad Latin,
to-wit: 'aActio rersonatis mo,itar cum per-
sona.". Fol:tunatoly:for tho Lcira Of deceased
widowers ,sllo hayo beon indIsoreot in their
old days, tho Court decided TINT an action for
breach of,promise cannot survive The defendant.
Actions against ostatog hold for damages. to
property, OF damages for physical injury, for
tho nolionof property Ia included in tho latter.
but tho Court held that an engagement to marry
lB to DO distinguished from other contracts. It
eaya; "Tho promise Of marriage Is mere
ly personal; the action for the breach Of
1t socks redress for disappointed hopes,
wbunled pride, humiliation. aud mental suffer-
Ing for tho losa'of coveted society and proteo-
thn,-it may he, for tho loss Of harplnoss." This
definition OF contract to marry, and the deola-
ION Of tho Court that m action for breach OF
p~miee cannot survive Or DO assigned, arc Of
'mpt+anco to that largo community which Ia
'oos'sa'v t1Yxs he get In and then oonatautly