Evening star. [volume] (Washington, D.C.) 1854-1972, 1882-12-26

sHk MUST BE MAINTAINED IN A MANNER SUITED
TO HER SOCIAL POSITION.
Prom the

From the St. Louis Globe Democrat.
DENVER. Col, Dec 2O-Several months ago
Mrs II. A. w. Tabor, wife of the bonanza king
and the present lieutenant governor of the state.
entered suit against him in the district court
here for support and maintenance on the ground
of his desertion and her need. In the complaint
1t was set forth that he had abandoned her bed
and board for more than year. 1t was also
claimed that he possessed 50 800 600 i'm real and
personal estate and Mrs. Tabor prayed the court
to make a division of this enormous wealth be-
tween herself and the governor The suit was
filed during the interesting period of the state
when Gov. Pitkin Was undecided as TO whom he
should appoint to succeed Teller in the United
States senate Tabor was a candidate. and. with
view to Keeping his chances free from pref
udices. the local newspapers dismissed the sensa-
tlrn In a few lines which made light of the cause
Tor action in the case. The attorneys for Tabor
Flee! demurrer and the plea overruled
The decision OF Judge Elliott in oyerrulinp
. the demurrer. as rendered in full. has created
sensation throughout the city, and particularIy
In society circles. II was thought that ovinsr
TO the bonanza millions of the lieutenant COVER
nor and the odd prayer for alimony. unaccompa-
nled oy action for divorce. he would readily
nave the case dismissed on the demurrer The
result is quite to the contrary the court strongly
expressing himself Tor the plaintiff. The suit is
one new in legal questions and important In re-
suHs TABOR. after he had amassed his millions
III.
Wheto one side on q 100000 estate without
extending her means of support. She in her
Ola are. does not desire divorce but after hay
Ing appealed to him in vain. for the means to
maintain her household and standing in society
sues him. Tabor fights the suit and saws he will
DO so to the end. but he has refused to give the
reason for this contest. The argument to the
demurrer which his attorneys fled was post
poned for months. and when it did come up en-
EaGed the attention of the court for two days
Judge EiiottS decision was exhaustive. 1t re-
viewed all the causes and technical questions in
VOWED. and was strongly favorable to Mrs.
razor The following the giSt of it, will prove
Interesting a. an opinion on a point at law:
III was not Tor the court to base its opinion on
pubic policy The bill alleges that plaintiff and
defendant were married think about quar-
ter OF a century ago. and that they lived to-
gether until 1880, when partial separation Oc-
Cured, and that since January ISL the de-
1entant has wrOngfully and without cause
deserted the plaintiff and failed to provide for
her according to her rank and station i'm life:
Jailed TO provide her with necessaries and re-
fuses To provide her with necessaries. The facts
are admitted by the demurrer to be true. The
complainant does not say that she is in an alb
sOiute state OF destitutiOn and want She SAYS
on the contrary. that she is living in home the
Title OF which is in the defendants name which,
with premises connected Herewith is worth
S1OO.OOO, but that the bills for her support have
not been paid In certain instances it alleges
That large fortune was accumulated during
the time plaintiff and defendant lived together
as husband and wife, and that the property of
the defendant now amounts to several millions
OF dollars and that she is not able without the
renting OF rooms and other modes of securing
an income TO pay her bills. such as are necessary
Tor her support according to her condition of
HE 1t occurs to me that as to what are neces-
sares is more q matter of evidence than of
pleading.
AS to the question of obligation, have no
doubt IL Is the duty of every man to take care of
his wife according to his means and while there
To no dafs apt,o
side OF this controversy the score that all the
0isaoiilty OF courture. so far property is con-
cefhed, has been renewed from the plaintiff by
the statute OF this state and that the supreme
Court has given the fullest affirnance to that
ieglsiatiOn i'll favor of the wife vet | cannot
believe that. in removing the disability it was
ever the intention of the legislature to wipe out
at the same time the cOrrelatye obligation as
1t is said OF the husband. to support and care
Tor his wife and family according to his fortune
ana his estate in life. If it affects his obligation
At all It Is only In my judgment question of de-
gree, and to that extent think it NAV ye,y prop
ery be considered i'm an action ofthis kind. where
the marriage relations are not sought to be dis
solved. but only brought to compel the de-
Iendant. II he will wrongfuly life away from his
Vile. to support ard maint ain her so that not
only her wants may be supplied but her standing
III society preserved and her feelings considered
] should say it would very much tend to
uini'nish divorces if men understood that as
soon as they deserted their wives and families
petent court to compel them to nav reason
able sum according to their means for the sup
port Oh that family whether the wife applies for
divorce or not If a man can desert his wife
without cause, and no other consequences to
follow than the right of the wife to ask for "A
0Vorce rtncuO matrimonial which places the
party VINO Is In the wrong in just as favorable
hight after the divorce gives the same RIGHT tn
marry again, and the same social standing as
ne iad before, 1t would happen that any man
VINO wanted to get rid of his wife, and the care
ehd attention he owes to her. would just sim
Ply desert and refuse to pay dollar until he
Grove his wife to apply for a divorce Mapy
women In our country are disinclined to ask for
divorce on any ground unless it may be the
elnSie ground OF adultery, and some may not
wish to ask it even on that ground In such
Case shall the law allow a man to drive his wife
ny starvation to do exactly what he wants done?
IL opens the easiest sort of an avenue for men
10 DO Just that sort thing and say, as
Is averTed in substance in this bill if Won will
ASH iof divorce. you shall have reasonable
aioWance, but Ii you won't. you shall have
nothing do not know that it is said as strong
es that. but In substance that is allowed her
Can 1t be possible that it is right upon abstract
principles of right and Justice. whether it is the
law or not. that man who has without cause
deserted his wife can say to her: Unless you
VIII divorce me and set me free from the mar
rage obligation you shall neither have dollar
oI my property nor my society and companion
snip which coyenanted to YOU" III she has
done wrong; if she has committed the matri-
MoiiaI oHeIseS, II she deserts him. he NAV ap-
ply himself for divorce but for the party who
is In the wrong TO say to the party who is in the
Ti2ht Unless you will dissolve this tie and
ser me at liberty in my career of wrongs. YOU
shali nave no further support from me-" is re-
pu@nant to my sense of Justice It NAV be that
the courts under circumstances of this kind
would not feel called upon to decree the amount
Oi ahhlOhy or the amount of maintenance that
they otherwise would. but l take it that
that Is largely matter Of evidence and not
matter that can arise upon demurrer. So far
as there are substantial averments, she is left
abandoned In house. it il true that is worth a
fortune to most Of us, but the title to 1t Is in her
husband, and she holds 1t subject to his will as
would seem mere tenant at will and the fact
that she Is lett in such house NAV add to the
inconvenience Of maintaining herself out of her
own estate, for II she had been left in more
moderate home. one that would not require the
same appointments to keep il ND In good style
she might get along easier than she can living
IN SO large a house. Why, many Of us would be
ruined. who get along now very well in our own