National Republican. (Washington City (D.C.)) 1872-1888, 1874-04-07

r.
decisions of the courts in reference to this Dis
tnct! A. Upon partly decision recently ren,
States - q IL ~
O. Just name the dccisioni A. win give
you reference to il. L cannot now give you
the reference.
Q. What eIsei A. Upon the decision Of the
various States with regard TO the rights OF
married women, and the extent to which they
may transact business with their husbands.
The Supreme Court has decided distinctly, in
the case to which ]. refer, that the husband
may become in all respects the agent Of the
wife, and transact business for her, as IL there
were no marital relation existing between
them. .Ea .-E -.i-...-. ---s.. -.t- s...a .ss.-
O. Then, did you receive these bonds upon
the theory that Mrs. Evans was the principal
and her husband simply her AGENT A. re-
ceiVed the bonds upon this principle: that II
the wife held the property independent of her
husband, it was competent for her to dispose
i of 1t In whatever form she saw fit, or to en-
/ cumber 1t in any manner for his benefit, or for
the benft Of any other person. ,......
| 9. Did she cucumber her property by the
execution of these bondsi A. Prospectiyely
she may.
Q. In other words, you hold the doctrine 10
be that q married woman may execute q pro-
m!ssory note, or bond and that inssmuch as
it prospectirely encumbers her property, for
example, when a judgment shall be rendered
| dul LulknL DcCOElo upOu
her property, that therefore she may enter into
such q contract. Is that your doctr.nei A.
| My doctrine Is, that If she holds property in
dependent of her husband In her own absolute
right, che may dispose of 1t in any mode that
| she sees fit; and possessing thaS property, may
become security for her husband in any trans
| action.
Mr.. Stewart. This il --
Mr.. Wilson. One moment, Senator. 81
| q. And therefore could enter into contract
which is binding upon hcri A. Certainly.
| Q. That is your doctrinel A. That is my
doctrine. ... &c.. - as. 80
Q. And It is upon that principle you have
| given this advice to this Board of Public Works.
| A. That is the principle upon which / advised
them, when could obtain no other security,
to accept this security.
Q. That is 1t. Then you did not give this
opinion because of any law peculiar to this
District, but upon general principles governing
the rights of married women? A. As regards
their separate property, there is a law, how
| ever, of the District that allows married
women to hold property independent of her
husband, and to dispose Of it as she sees fit.
Mr.. Stewart, Here is the law referred to.
| Mr.. Stewart then read as follows from 10
| Statutes at Large:
| Be it enacted by the Senate and House Of Repre-
sentdttves Of the United States Of America In Con-
greSs assembled, That In the District Of Columbia
| the right OF any married woman to any property,
personal or real, belonging to her at the time Of
marriage Or acquired CURING %sTsse rom 10 fbn sy
| husband, shall be as absolute as II she were
femme-sole, and shall not be subject 70 the dis
posal Of her husband nor be liable for his debts;
| but such married woman may convey, devise and
beQueath the same, or any interest therein. in the
same manner and with ike enect Is II sne were
unmarried.
Seo. q And be 1t further enacted, That any mar
Fsd woman may s mst,eps hs1aR RELATION tn
| her sole and separate property In the same man:
ner as If she were unmarried; but neither husband
| nor his property shall be bound by any such con-
tract, nor liable for any recovery against her In
any such suit, but Judgment may be enforced by
execution against her sole and separate estate In
the same manner as If she were sole. Approved
| April TO- 1859.
o. What did you do with itl A. 1t may be
among my papers; it may not.
Q. Do you know where that check isl A. Not
now.
Q. When did you see # lastl A Months ago;
few days after received it, l think.
Q. You say you do not know where that
check Isl A. / was trying to find It; o few days
| ago was looking among my papers, but did
not succeed.
Q. Have you ever received the amount of the
| check in any other way than by the presenta-
/ ton of the check itselff A. never received
the amount Of that check in any shape or form
\ Whatever.
Q. Or any other sum- A. Or any other sum
connected with it, directly or indirectly.
Q. Did you transfer that check to anybody
| A. never duU HcVCE EcRAIQou
| as check.
| Q. What was 1t thenl It was q check left
| on my desk in form that would not accept.
! Q. What was the difficulty about the forml
| A. 1t contained another name, of party with
whom l had no transactions, and would not
| accept any check that had another name con-
| nected with it, when l was not aware of the
| fact that there was any indebtedness at all. l
sent for the party.
Q. Who was that partyl A. sent for the
| party shortly afterward, and he, too, said that
he would not have anything to do with it, and
knew nothing about it.
Q. Who was the partyi A. A. K. Browne. |
@. Why is it that you decline to tell the
amount that was In that check A. For the
simple reason that it related solely to private
business; that is all.
Q. Had Mr.. Strong paid you for the services
you had rendered him2 A. No, sir; nor has he
up to this hour.
.. What services had you rendered for hint
A. have been his general attorney since 1870; |
have tried large number of cases, a consid- |
cradle number of cases for him in our court.
Q. If you had rendered services for Mr..
Strong for which he was proposing to compen-
safe you, why should there be any delicacy
upon your part in accepting the amount that
he was proposing to pay to you for your ser
vices! A. The delicacy was this: that instead
of presenting me a check in my own name, he
inserted another name In it.
@. Why was that donel A. 1 do not know.
Q. Did you ever ask Mr.. Strong for any eX- |
PLANTATION of thatl A. Yes, sir; and he said 1t |
was this: that l was somewhat dilatory In at |
| tending to his business, and that he proposed |
to engage A. K. Browne to assist In trying |
some of his cases. said to him, then, in sub |
stance, that that might be all satisfactory, but
Mr.. Browne had rendered no service up to that |
date, and did not desire my private business |
to be mixed up with any other persons. /
Q. And you sent for A. K. Brownei A.
did
Q. You rejected the checkl Yes, sir.
Q. You and Mr.. Browne refused to take the |
money! A. 1 rejected the check, and Mr.. |
Browne said that he did not desire any check |
in that form.
Q. Did you get another check in another
formi A. did not.
Q. Did Mr.. Drowned A. do not know any
O. Did Mr. Browne ever hand you any
money! A. No, sir.
Q. Nor anybody elsei A. Nobody else.
Q. would be glad to have you explain, after
having answered all these questions as you
have, why you have such delicacy in telling
the committee what was the amount of that
check A. would have no objection to telling
what the amount Of the check was If l remem-
bered distinctly.
Q. You can give us your best recollection,
now, as to the amount Of that check. A. My
impression is that the check was for 81, 900.
Mr.. Strong said it was over 5000. sent for
him the other day and told him that he was
mistaken, that he had given or left q check in
my Office which declined to accept. He said
If so, II must have been for IS, 900. told him
that thought it was for 81 600.
Q. What was the date of this transaction
A. This transaction was in the summer Of
1873.
Q. And check on the First National Banki
A. Yes, sir.
Q. What time in the summer of 1878 did this
occurl A. think It was about June; think
&C.
Q. Where is Mr.. A. Z. Brownei A. pre-
sumo he is in the city.
By Mr.. Bass: Q. Was the check payable to
the order of Mr.. Brownei A. No, sir; 1t is
made payable to W. A. Cook and A. Z.
Browne.
Q. To bearer or orderi A. I do not remem-
Der.
O. Was It in such form that you could not
draw the money on the check without Mr.. |
Brownies Endorsement A. That is the form oft.
Q. Therefore you sent for Mr.. Brownei A.
Yes, sir; sent for Mr.. Browne, and he said
that he would have nothing TO do with IL. Mr.. |
o. oh0.ff az nj