The Helena independent., 1894-12-19
THIS MAY CATCH EN-
THE LEGISLATURE TO BE CALLED ON,
II IS the Massachusetts Law and Was Con.
sdcrod important Enough 10 Be
Passed There,

AZ the coming session OF the logisla-
turc bill viii be introduced which iaI
dcslgnnted 30 operate Tor the benefit df
wives and children who have been do
serted by husbands and fathers. AS
the law Rtnnda now there ~ no remedy
for deserted wlfo but 10 apply for di-
vorce, Unless she can secure personal
service on her missing husband she can
secure no allmony however though the
divorce can be obtained by default.
This, In many cases, h Just what the
man wants He gets rid Of hla wife
and Keeps all his property. IN other
words, n woman and her husband may
make an arrangement by which he Ia
10 give her certain amount of prop
erty In consideration OF hor cOnscnting
TO let him run away and then 10 apply
for divorce on the ground Of drscr-
tion. The woman who makes such an
arrangement, Il VIII be seen has the
best Of the faithful wife who In cruelty
deserted and who cannot mud her huR-
band TO make pcr9onnl service on him.
As learned Judge once remarked In
regard 10 the matter. The wife who
conspires and consents 10 a divorce has
the advantage Of the deserted wife who
has endeayorcd to cling to her hus-
band"
II is 10 remedy this state Of affairs
that bill has been prepared for pres
entation at the coming session OF the
legislature. Under It's, provisions,
should II become "A law, the husband
who deserts his wife and children In the
hope that there will simply be a di-
Norce without allmony, will be disap-
| pointed. He VIII find receiver In
charge Of his property TO look after his
famlly's wants. The bin is taken from
the Massachusetts statute. which is de-
signed 10 protect married women and
minor children against absconding hus-
bands and fathers. IL was passed at
the last session of the Massachusetts
Legislature. The proposed bill is as
follows.
when a person having wife or
minor child who. II he were alive and
resident In this commonwealth, would
be dependent upon him wholly or
partly for support. has while such resi-
dent absented himself from his place
OF residence without making sufficient
pTDNlslun loI Sucn support anu MS
whereabouts are unknown, or, being
known, he is residing without the COM
monwealth, the probate court on petit
tion of such wife or child, or the guar
dian Of such wife or child. or Of any
other interested person, and after pub
lie notice and without establishing the
fact whether such person is dead or
alive, may appoint a receiver for all the
property of such absentee who, under
| the instructions OF such court. may ap-
ply said property including the In
choate right Of courtesy In real estate, in
payment OF such charges as may prop
erly have been incurred or may there
after be incurred In the support and
maintenance of such wife and minor
children.
"rheprovisiOn Of law regarding bonds
accounts. sales and mortgages by guar
dians shall apply to such receivers, and
upon the return of such absentee the
receiver shall account I'm said court for
the unexpended balance OF his estate,
and IL letters testamentary or of ad-
ministration are thereafter granted up
on the estate OF such absentee as n de-
ceased person, such accounting shall
be I'm said court to the administrator or
executor. Whenever IL Is inexpedient
longer to contlHpe ,such receivership,
the estate may bs deposited In some
savings bhnk 9r HE institution"