The new Northwest. [volume] (Portland, Or.) 1871-1887, 1877-06-01

her own fault. 1t was not shown that
her husband had mistreated her. On
the contrary, his extreme good nature
when intoxicated had been amply
proven. There was evidence, however,
that she had forbidden him the house
and premises, and that, in exercising a
husbands right to his own home, he
had gone no farther than the majesty of
the law permitted.
"See Blackstone on Marriage para
graph so-and-so, page such-and-such;
Story on Divorces, page this-and-this,
paragraph that-and-that; Kent on Mar
riage Contracts, chapter such-and-such;
'Greenleaf on Married Women's Disa-
bilities,' book second, and-so-fourth,
and-so-fourth.
"The Scriptures of the New Testa-
ment and the Common Law of England
are alike explicit upon the causes for di
vOrce. If John Smith can prove his
wife guilty of marital infidelity the case
will rest in his favor and the marriage
will be dissolved, in which case the Gus
tody of the minor children will be given
into his keeping, together with all the
property accumulated by both.
"Men have heretofore been known to
turn their wives away from home for
some real or fancied misdemeanor; but
in all the practice of all the courts we
are unable to find a precedent for the
unnatural conduct of wife who turns
her lawful husband away from his own
doorstep, as in this instance. Such con-
duct is worthy of Xantippe, but was
hardly to be expected in a woman of the
present era.
"In summing up the testimony for the
plaintiff, the Court holds to the opinion
that marital infidelity, though not
proven, is to be suspected on the part of
the party of the second part. That the
husband is an injured man, there is lit
! tie room for doubt. That the wife has
grievances, both real and imaginary, is
probable. Women are subject to these.
There is, however, a legal barrier to a
divorce in this case, which the attorneys
have strangely overlooked. 1 allude to
the fact that each party desires the dis
solution of the copartnership. Had the
husband alone desired the divorce, upon
the ground set forth in the complaint,
the protest of the wife would have
avaied her nothing, unless his case had
been proven. Had the wife, alone, put
in her plea for dissolution of the holy
bonds of matrimony, upon the ground
Of desertion for the space of three years,
or for bodily maltreatment, or for fail
ure, as far as able to fulfill his agree
ment, to support and provide for her,
the plea would have been granted. But,
as there is neither law nor precedent for
granting a divorce to either party upon
the grounds alleged, the Court will dis
miss the case and proceed to the next
business upon the docket"
"Your Honor" said Mr.. Brief, rising
with some agitation and considerable
hurry, "pardon me, but you have for
! gotten to assess the costs of suit.n
"Oh alb ! yes! The husband will
pay all costs, of course"
"But, beg pardon-allow me to whis-
per in your ear"
His Honor bowed to listen.
"John Smith has no property what
ever, and you must hold the defendant
liable for costs"
"And get my labor for my pains"
whispered the Judge in reply. Don't
you know that the property of wife
belongs to her husband, and whatever's
his is his own?n
The perturbation of Mr.. Brief was
quieted, and the two legal protectors Of
the rights of married women enjoyed a
quiet laugh together, of which none but
themselves knew the purpOrt.
''If this is human law and human
justice, 1 decline to take any stock in
!" cried Sue Randolph, Indignantly
starting up from her seat beside Edna
and Mrs. Rutherford, and facing the
Judge defiantly, while Edna wept in ST.
lence and Mrs. Rutherford groanet
aloud.
"I fine this woman twenty dollars fol
contempt of Court r said His Honor
with a smile that was child-like anC
bland.
"pd like to see you get your money"
was the pert reply.
conduct this woman to jailr sale
His Honor, waving his hand in the di
rectiOn of rhe sheriff.
''Stay, your Honor" cried Edna, q.
will pay her fine"
ain the name of her husband, 1 OBJ
ject !n said Mr.. Brief
"You have enough to do to look afte
your own affairs, Mrs. Smith," replied
the Judge, severely. my advice t,
you is to pray without ceasing. KeeI
yourself close to the feet of Jesus, ant
remember that piety, sobriety, meek
ness and obedience are the crownint
J glory of wife. You are to return t,
your wifely duties and observe them
; looking well to the ways of your house
hold and eating not the bread of idle
uess."
Edna glanced mutely at her toil-bat
tered hands and then appealingly int
the Judges eyes, but answered hin