The herald. [microfilm reel] (Los Angeles [Calif.]) 1893-1900, 1894-06-03
THE WRONGS OF MARRIED MEN
How the Steiner Sex Is Handi-
capped by the Law.
The Marriage Laws Becoming Con-
fused and Anomalous.
A Plain Statement of Some Curious
Phases OF the Position of
Benodicts In the
Courts.


riage are becoming 80 confused and
anomalous that recasting OF the laws
pertaining to it most seon be universally
demanded. At present married people
scarcely know where they are. The daily
papers constantly give most pathetic
accounts of injured husbands in humble
life resorting to police magistrates for as
sistance or advice, and finding that they
have no remedy against the misconduct
OF their worthless partners. We have
not been sparing, from time to time, in
enumerating the wrongs OF women. But
the men have theirs also, to less degree,
and it is only equitable that attention
should be drawn to them, for justice and
fair play should be given to all. We have
never demanded that women should
have any privileges denied to men. We
only ask that both should share alike.
Not long ago, when the law gave the
husband sole control OF the wife's I'M
settled property, it was right that he
should be liable for her maintenance.
But when, as now, married woman
retains her own. the reason for compell-
ing maintenance from the husband has
disappeared. She may have good
house and good income and from cap
rice or other cause, may deny him ad-
mittance to bis married home and to
any share Of her living. II destitute he
may go TO the workhouse, while che is
living in luxury, and no claim Can be
made upon her for his sustenance. But
reverse the positions, and the husband
will be compelled to allow her a main
tenance. This system falls hardest on
the poorest. 1t is not recommon for
police magistrate to order workingman
to contribute IL Ehillings week or more
to the support OF separated life. Few
men of such class. can do this and liue.
Again, since the Jackson case, no
husband can compel an unwilling wife
to cohabit with him. OF course this ia
right enough. But, on the other hand,
wife can compel an unwilling hus-
band by judges order to restore her
to cohabitation or pay the penalty OF re-
fussl. This seems an unfair distinction.
If husband neglect mis- wife and family,
80 that it becomes constructive cruelty,
the wife can obtain a separation order
without 30 much as the asking. But a
wife NAV spend her days in dissipation,
may frequent public houses and neglect
her children, and the husband has
neither remedy or power to prevent her.
The wife may be nagger, a scold, a
perpetual tormentor; one OF the class
whom our humorous and practical fore
fathers cured by the application of a
ducking-stool and horse pond; che
may be guilty of any misconduct short
OF adultery, and the unfortunate hus-
band must put up with it all. Many
ssoi. Az fvs r-suge 20 tue nearest tevera
and drown their misery in drink, and
often become criminal from misfortune.
Many an honest. hard working man, teo,
ia punished by the magistrates because,
in his absence from home, his wife neg
lected her duties and kept his children
from school. If the fines are not paid
it is he who Is imprisoned and not the
culprit wife.
Widows can claim, absolutely, one
third OF the personally of hus bands dy-
ing intestste, but widowers have only a
life interest in the unwilled property of
deceased wives.
These are some of the wrongs under
which married men suffer, owing to the
radical changes which have taken place
in the relations OF husband and wife
since marriage was made a religious
sacrament. A more rational perception
of it's nature, however, is beginning to
prevail, and it is time that all these and
other anomalies should cease. The
religious idea of its character must give
way. Marriage will have to be thor
oughly reconstructed on the basis of a
civil partnership, termirable at will or
from breach of contract, as in other as.
sociations. Even time partnership,
to lapse at the end of
term, say seven or any other
number OF years to be agreed upon.
would be better than the haphazArd,
happy-go-lucky system now in vogue.
These, if agreeable, could be renewed or
continued at the will of both. AS Mr..
Labouchere has just said in the house of
commons, the law OF divorce 10 utterly
absurd. ''If two people," he added,
WANTED to be married let them be mar
rjed, and if they wanted to be divorced
let them be divorced" Although these
opinions were greeted with much laugh
ter by the house, as though they were
excessively funny, they are nevertheless
correct, and domestic happiness will
never be universal until they be re-
ceiyed as serious truths. Should there
be children of those separated, it would
be simple matter to compel parents to
set aside a sum for their support in
ratio according to the individual prop
erty Of each. This would put an end to
the filthy accounts of divorce suits
which polluSe our daily papers and
which obtain ready admittance into
famil es where serious essay on man.
ners and morals is too often excluded
because it contains little necessary
plain spesking-as though omelettes
could be expected without breaking
eggs.
If people could divorce themselves at
will and without publicity, they would
be as careful to preserve each others
esteem after as they were before mar
risge. We should then seldom see what,
as frequently happens now, the charm
ing. neat, obliging fancee developing
into the giddy. careless, slatternly and
disobliging wife, or the ardent and de.
voted lover cooling down into the neg
lectful and heRrtless husband. Those
they could to please each other, and
those specifically united would practice
the outward decencies of married life
from mutual and self interests. Marriage
would cease to be the grave OF love, and
the sum total OF human happiness would
be immensely increased. Posses sion
during good behavior is far better for
our weak human nature than possession
absolute. In the state of Illinois, where
divorce is as easy as possible, only one
couple in seven resort to it, including
strangers who visit there for the pur-