Daily Los Angeles herald., 1882-03-08
Cos Sueslss Aerala.
WEDNESDAY,. MARCH s. 1882.



been made in the line OF anchor
ating the laws respecting the
rights Of women. In the United
STATES the old English common
law has really undergone down.
right revolution, and California
has not been behind any of her sis
ters Ia the salutary change. A
woman's right to her own earn
ings and to q participation in the
fortune which has been built up
by the joint efforts OF her husband
and herself is conceded in this
commonwealth with . liberality
and completeness which would
take the breath away from q hus-
band of the olden time could he re.
visit the glimpses of the marital
moon. Yet there are some respects
IN which o woman is still at q
manifest disadvantage before the
law. A suit for breach of promise
Of marriage was brought to trial in
Canada some time ago that in
wolves some points of general in
terest. John Faulkner, q bachelor,
owning property to the amount of
forty or fifty thousand dollars,
promised to marry Mrs. Jane Till
son, . widow whose husband had
been one OF his tenants; and a
written memorandum OF the agree.
ment was drawn up and q day set
for the ceremony. Very soon,
however, Faulkner seems to have
repented of his step, and when the
day appointed for the marriage ar
rived. he was not ready to proceed,
and the ceremony had to be post
poned. he was always unprepared
to enter upon matrimony when the
decisive moment arrived; but Mrs.
Tillson was always ready, and
clung to him patiently.
Finally, he seems to have struck
upon the idea of treating her in
snch q rude and insulting manner
In the presence of other persons
that 1t would be impossible for her
to submit to it without degrada-
ton. She discontinued her efforts
to bring the marriage about, and
commenced suit against him fol-
breach of promise, claiming dam.
ages In the sum Of five thousand
dollars.
Faulkner did not improve in his
offensive behavior toward the
plaintiff after the suit was institut.
ed; but when the case was called
for trial, he took the who'll
foundation from under he
feet by offering, through hi
counsel, then and there to mar
~ her. 1t was plainly impossibl,
for her at that stage of their rela
lions, with any sense of decency o
self.respect, to accept this offer
and yet the Judge was forced t
say that he did not see how tn
suit could be maintained under tn
existing law, If che declined 1t.
Breach of promise law, as fire
quently laid down in the courts, /
peculiar in this respect. In othe
contracts, II there is a refusal t.
perform and suit for damages TO
the breach is commenced, an offe
to carry out the agreement is thei
too late; but different rule ha
been enunciated in respect to con
tracts Of marriage.
The plaintiffs counsel argue.
that the defendant, by his intolera
BILE conduct, had made it impossi.
BILE for her to accept his offer al
that stage, and that this distfn.
guished the case from others; bul
Judge Cameron doubted the sound.
ness of the distinction. "More.
over" said he in effect, "the mean.
or you prove this defendant to have
been, the less damage do YOU
prove, and the weaker do YOU
make your ground for recovering a
verdict. You sue for damages in.
Cured by this mans refusal to
marry the plaintiff. In the first
place, he says he now is willing 10
marry, and in the second place YOU
show him to have behaved 60 con.
temptibly that if he persisted in
his refusal it ought to be regarded
as benefit rather than an ipiurv
to her." The plaintiffs counsel
argued that his client lost share
In the defendants property, to
which she would have been enti.
tied as his wife. The Judge, how.
ever, adhered t, his view of tbs
case, and although be finally al.
lowed 1t to 60 to trial, it was " itt
instructions to the jury that caused
them very speedily to bring in 8
verdict for the defendant.
It has often been said that BREACH
Of promise suits ought not to b,
favored; and recent action of tn,
House Of Commons shows tina,
such is the sentiment entertained
by o large proportion o. Epplisb
men. But the answer to this-ant
sufficient one = has been thu,
there ought to be some remedy fo,
the injury that may b.
done To n oopGJ;~