Memphis daily appeal. [volume] (Memphis, Tenn.) 1847-1886, 1882-12-27
ALaEAmA INsUsTICn 10 WOMEN.

upon Iaml1y felallOns, Dy mat aDie Anu &C
complished gentleman Henry St. Paul, of
Mobile. He explains that popular opinion
regards the common law, which consists OF
unwritten rules based on precedents, as the
governing influence of State law. As far as
Alabama is concerned little is left of that
system, the Code regulates the political con-
diiion of society, and the rights, duties and
obligations resulting from social, family and
business intercourse. II all traces OF the
common law were swept away, the Alabama
Code still amply provides for all the vans of
civilized community. Its statutes include
5665 sections, and is a complete body OF law,
TO which every session OF the Assembly adds
new provisions. Contrasting this with the
civil law of Louisiana, we find the latter
has far better stood the test of time. Origi-
nally, in 1908, it consisted of 1922
articles, not third of which are over i've or
six lines, and during the three quarters of a
century only thirty five articles have been
added. In thirty-three years the Code of
Alabama has swelled from 4005 to 5065 sec
tions. The object of this paper is TO point
out paris not in accordance with The spirit OF
the age, and yet show how that spirit has
unconsciously worked into the heart of an
obsolete legislation, and to indicate how there
still remain two steps 10 be taken in the re-
lations of parent and child, and husband and
vile. Naturally our affections first descend
to eur children and their descendants, then
turn to our father and mother, then 10
brothers and sisters, and so 90, until-ex-
cept in case of personal sympathies-it loses
itself in the distant outletP. Alabama law
does not accord with nature. Proclaiming
that the degree of consequently shall be
computed" according to the civil law, il
rudely subverts that order and die
tates an arbitrary division. The civil
law of descent ranges father and son in the
first degree, the brother in the second, the
nephew in the third, and 70 on. Yet under
Alabama law the property of a man dying
without issue, whether his father and mother
are surviving or not, goes direct to a brother
or sister, or their descendants, although the
father stands in the first and the brother in
the second degree. III father have an obedi-
ent son, who, by good conduct, prospers, and
disobedient one, who rears discreditable
family, although the father and mother have
toiled and denied themselves to rear their
children with every advantage of education,
if the son who has prospered die without |
family, his properly goes, not TO the worthy |
parents, but to the disobedient prodigal and |
his shameless family. The aged parents may |
have to rely on charity for living, while |
their dead child's riches are spent by the |
vicious family in debauchery. The law takes |
the child from parents unable to maintain
it and binds it out, but only imposes
upon living relations within the direct
lines the reciprocal relations of taking
care of each other, 60 that after
the death OF the wealthy son, on whom the
law could enforce that duty, his collateral
successors are freed from his obligations and
his parents are cast upon public charity.
But the civil law applies remedy by pro.
Tiding that when man dies having no d.
rect heirs, but brothers and sisters and their
descendants, and leaving at the same time
both father and mother, the law makes two
shares OF the inheritance, one-haIf to the
father and mother. or one quarter If only
one OF them is living, then one-half or three
ourths, "a the case may be, goes to the
brothers and sisters or their descendants.
The Code provides that where there are no
children, nor children's descendants, the es-
ate devolves upon the father; if not living,
IN the mother-the man counts first, the |
woman last The civil law avoids this in
ustice. Husband and wife are equals, but
lnder Alabama laws mans property after
leath goes ~ to his children and their de-
cendants; (2) to his brothers and sisters
md descendants; (S) to his father if living,
not to his mother; a. to the nearest of
in; (5) to the State. The wife tolls |
qually with the husband for What
hey gain, but if be die she is left |
ependent upon her children except !
Or derisive aud often irlealizable portion !
the property This portion is the dover
the wife. In ancient times women, being !
ncaPable of rendering military service,
ould not render the service by which the {
and was held, and 50 could not inherit.
his made necessary provision from the Z
usband Of small support, not out of the
ind itself, but onlyef part of the fruit it
eudered. In this Christian America the /.
lw OF dover SO originated is retained to-day,
nd such is the Law of Alabama in 1882; it
axes the wife on the death of her husband I
stranger in her own home. True, the Law !
lows her to remain by the srffsrauce of the
eirs-perhaps of the third or fourth degree
'nded from distant shore-uutil her dover
assigned, after which she may be turned
ut. Her dover is life allowance of one
bird OF the rents and fruits OF the estate; if l.
he wife have property of her own
quail TO that dover, the law turns
er out without any dover at all {
the estate consist of waste, unproductiye i
luds, and the heirs should resolve to hold +
lem for speculation, the widow can go and S
eg for bread until her death relieves the .
eirs from the dover, or the heirs may sell Z
he property and commute the dover by al C
wing her, 1t may be less, but in no case c
lore than one-sixtn. Under such arrange v
tents as these man named Saerrard lately | v
led, leaving a property Of SAL 900, which q
us sold TO pay some debts; the dover al a
wed his widow was 1886. According to G
lie insurance tables her chance of life was {,
Eenty mine years five months. Her allow "
nee would bring her S133 year-S2 b
lonth-which is less than a private who is Il
oarded aud lodged gets for his-pay in the Fl
rmy. Had there been no debts her allow | 4
nee would have been only 1866. while if &
ne had died owing the $4l 900 her husband n
euld have had the fruits and income n
her property on paying seven per cent. VI
iterest, S2170 year-as mach for
NO years as his wife for thirty-seven. Butf
E Is baron, she femme female, as the State
expresses it with refinement and h
egance. The law assumes brother, nephew il
: cousin to occupy rearer place than a :
II the wife die the husband, heirs :,
: no heirs. takes half her personal properly A.
I'd enjoys her real estate for the remainder :
his life. In his case there Is no reduction.
J in the widows. The civil law decides
pom more just principles than these cruel N
es Of the Code Of Christian Alabama. o,