Evening star. [volume] (Washington, D.C.) 1854-1972, 1882-11-08

Wife's Liability for Expenses Incur
red by Her Husband.
A Chicago court report saws

"a ShiSSSo Couit report says.
Judge Jameson this morning delivered an In
teresting decision On married wOmen's property
rights:
In November. 1879 Elijah J. Dicks and his
wife. Ruth. came TO this city from Indiana, and
rented the house of Mary Follett. At the same
time, Mrs. Follett sold her household furniture
to Dicks for something like $l00, for which he
gave his note, but has never paid 1t. Follett
sued him on the note before justice, and got
Judgment, but the execution was returned '.no
goods found" subsequently Folett filed a
creditors bill against both husband and wife,
alleging that the furniture was bought for fam
lily use: that the purchase of it was part of the
consideration for renting the house. which was
also for family use. and that therefore the prop
erty OF the wife is liable for the debt. The bill
seeks to levy on a lot on Indiana avenue, south
OF 4Oth street, which, it alleges, Elijah J. Dicks
bought recently for his wife, attempting to con-
ceal her interest i'm the transaction
This Is the suit which was decided this morning
and the decision turned on the construction OF
section 10 of the chapter in the revised statutes
on husband aud wife. The section was adop-
ted verbatim from the Iowa CODE aud has never
been construed by the supreme court of Illinois,
1T is as follows THE expenses of the family and
of the education of the children shall be chargea-
Ole upon the property OF both husband and wife
or either OF them, in favor of creditors therefor,
and in relation thereto they may be sued Joint
ly or separately The judge held that our
Legislature, in adopting this section from the
Iowa code adopted also the construction put
upon it by the Iowa supreme court That court
has decided that Judgment against the
husband was not only no bar to charging
the wife, but the execution against the hus-
band might be levied on the property OF the
wife. without her having had her day in
court. Mrs. Dicks testified that the furniture
was not necessary for her family, as she had
plenty already. and her testimony WAS not con-
tradicted But the Iowa court expressly de-
clded that the expenses referred TO in the stat
ute need not be necessary expenses, but must
be gagged by the condition and standing OF the
family. The Alabama statute uses the words
ARTICLE OF comfort and for the support Of the
household" and the supreme court of that state
refused to make awife liable to pay her husbands
bill for tobacco pantalOons fish-hOoks and
bottle of brandy" Mrs. Dicks testified that
she warned FOllett that she did not approve of
the purchase of the furniture and would not
pay for it. But the evidence shows that subse-
queLtly her husband bought it and both of them
used 1t. The presumption is, therefore that
she ultimately acquiesced in the purchase How
ever that may be. the husband notwithstanding
all the statutes charging the wife's rights that
have been enacted in Illinois in late years. is
still the head of the family. and strangers have
right to regard him as its Fightful plIryeyOr
They may trust his judgment about what the
FAMILY needs. rather than his W:f,s. This ruling
may be hard on the wife. but contrary one
would be harder on the creditors and indeed
cripple the husband in his efforts to provide for
his family. 1t was urged that as at common law
the husband was not bound for the wife's
debts ii he notified creditors so in this case the
Vile should not be bound if she notified credi-
tors that she would not be. But this argument
! Is OF no force, because at common law the wife
was only the agent of the husband when She
purchased, but the husband is not the agent of
the wife under the statute when he purchases
Inc question whether the wife's property would
De exempt If the vendor made special contract
that it should be so. does not arise on the facts
OF the present case, for nothing that passed be-
tween these parties resembles such a contract
The court in Alabama. however has decided.
on the statute in that state, which is similar to
ours That the responsibility of the wife is strict
~ statutory. and she cannot alter it, either by
asserting to 1t or dissenting from it. The de-
cree, therefore, must be for the complainant
The Conditions OF Human Increase.
Dr. Nathan Allen in Popular science Monthly
Let any class Of organs or any parts of the
body'be unduly or very much exercised. it re-
quires the more nutrition to support them,
thereby Withdrawing what should 90 to other
organs. In accordance with this physiological
law. il any class Of organs become predominant
in their development, it conflicts with this
great law of Increase. In other words. if the
organization is carried by successive generations
to an extreme, that is to high nervous tenn
perament-a predOminanCe of the brain and
nervous system-Or. on the other hand. to a
lymphat1c temperament-a predOminance OF
the mere animal nature-it operates unfayOr-
ably upon the increase of progeny Ac-
eordingly. in the highest states of refinement.
culture. and civilization of people
the tendency has always been to run out in off
spring; while on the other hand, all tribes and
races sunk In the lowest stages of barbarism
and, controlled principally by their animal
nature do not abound in offspring and I'M the
course OF time they tend also to run out. The
truth OF both these statements is confirmed by
history. The same general fact has been OBJ
served among all the abnormal classes such as
Idiots, cretinS, the insane. the blind the deaf
ana dumD, ana TO some extent. with extreme or
abnormal organizations. such as are excessively
cOfpulent or spare, as well as of unnatural
size. either very large or dimnutiyely small
Ii would seem that nature herself Is bound to
put an end 10 organizations that are monstrous
that are defective and abnormal or unnatural or
imperfect in any respect. ALI history we be-
lieye. proves that such organizations are not
prolific IN offspring, and the number of this
class born into the world reaching an advanced
age. is comparatively not large. Such facts
would indicate that there must be a general
law OF propagation that aims at higher or
more perfect standard. If this principle ia
applied to distinct classes in society some strjk
| ing illustrations may be obtained. Take the
! families belonging TO the nobility the aristO-
crazy. or the most select circles. where by in
heritaDce, refinement and culture the nervous
temperament has become very predominant il
Is found that such families do not increase
from generation to generation in offspring. and
not unfrequently, in time, they become extinct
American Fables
One IaV while IN OF T,p