New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1897-02-07
ALINONY FOR HUSBANDS.
PRINCE DE CIifMAY'S QUEER AWARD AN
lMPOSSIBILITY UNDER ANGLO
SAXON LAW.
But IT Is \ LOGICAL DEDUCTION FROM THE
THEORY OF THE FRENCH LAW.


THEORY OF THE FRENCH LAW.
The varying laws OF divorce in the different States
Of the Union produce curious results In their
operation. but nothing quite so startling to the
Ango-SayOn mind has developed the recent
ton of the French court in awarding alimony to
tho Prince de Chinay. The Englishman and the
American are quite accustomed to the husband pay
Ing the wife aliTony-whon he can't avoid it-and
the art of lodging amony. developed and prac-
tised by the Hoboken colony Of NcwYork actors.
is rapidly becoming exact science; but the idea
Of an able-bodied man compelling a woman to con-
tribute TO his support by legal process at the rate
OF 1890 francs year. is newell TO the gallant ana
sef-sufiicicnt American.
Such judgment would seem to be possible only
under the civil law Of Europe end is certainly for
e.Sn to the common law of England and the modiii-
cation Of II in force In this country. Such thing
is not discussed. even hirtod at. in the text
books and reported cases. so FAR as inquiry among
NcwYorh lawyers yesterday could determine. The
theory Of tho old English law that the wife hal
no propcr,y-thoj her belongings and herself be-
came practically part Of her husbands estate on
marriage II he obtained a divorce because Of her
fault he carried off her property with him. IT wou1
be idle think of compelling her 10 make him an
allowance because she would have no property lef;
on which to draw. Mr.. Bishop. in his work on
Marriage and Divorce" puts it in this way:
The dCCtrirc Of allmony springs W necessa:iy
property relation which it establishes between hus-
band and wife. pom the marri"g" tie husband ms
vested in him all tho present available cans OF inc
WIFE together win thc rCh' 20 claim her future
law caste hin! the duty suitably TO maintain her
according 10 his ability and condition in lfc. The
wife is not under obligation 10 support the husband
even though she has q separate estate; yet thcre
he is destitute and unable 10 earn moncv, II may
be her Legal duty 10 support herself. The HUSBAND
fore when the law In any case judges that she may
live apart from him 10" her protection, in conse-
Quonce Of his wrong doing il mus. also judge udt
lie shall maintain hcr Will 20 living
The simple fact, Of the matter" said lawyer
who was discussing the matter yesterday, are
these The commoa Law gives tn hushs ma every
thing The equity Cour, ia the efforI to softer the
harshncss OF the common law invented the scheme
of aliniony IT. questions OF divorce AMI separate
maintenance the; lean hea.i.y toward tho woman :
side. | never knew case wEors man got all
mony 1t woull be even more absurd thar to award
of the law and o: III, is tina, the pursues
the woman If he gets the wors. OF the bargain me
rule of 'caveat emptor applies The most mat He
"Of course if drop chivahy come down 10
/ sues the man and induce~ him to marry her. and
hns s3cc ohG pT0sPeG5 ,ne from her
toward his support If for any iaui. OF hers ne pc
Yet reached expression BY the courts and nothing
short Of a statutory enactment could bring aDouI
such radical departure from the present theory OF
Another lawyer said: The grant Of amony to
! the Prince 0C tnlnaN is quI'e iot 'd NJ, oIir
familiar with the marriage customs o. France.
/ There marriage is a contracf in which there must
be q worldly consideration on both sides NO gl,i'
! however beautifii, can max good marriage
| among The French unless she has a dowry. fr'-
0uentlv as in the pIese the man contributes
/ rank social position. even title: while the woman
contributes the fortune 10 support IT, 1hat Is In,
basis on whic, OF our recent lnteInauoh.i
/ marriages have been negotiated. Il after tht
/ woman has the tile she conducts herself tha'
married life is impos sibe the man is reasonably en-
Titled TO d slice o. tbs fortune for which ne gives
/ that title in exchange $50
! Of but If tho new woman movement keeps gaining
we may come TO It. Now. the law gives woman an
the Dl ivileges in the line of amony and no obga-
/ tions There IS a reported case In which the court
| allowed a woman. married to one man, TO continue
/ drawing alimony from two former husbands WhO1il
! she divorced But if woman is going to assert anu
obtain equal rights in all things with man she may
be required give up such extraordinary privileges
as the duplicate alimony arrangement, ana DE lei
| self"