The Wichita daily eagle. [volume] (Wichita, Kan.) 1890-1906, 1897-11-02

Bot in Europe Such Tendencies Ar
Looked Upon ~ Ridiculous II Not POSI-
| lively Dangerous-Some Cases In Poin
| In France and Other Countries
| Woman's status is the test OF a IA.
tons rank in civilization. This is q
dictum Of philosophical historians and
sociologists. No country which recogni
zes woman's political and economical
| freedom, which allows her freedom OF
| contract and acquisition OF property
can be reactionray: and conversely, nc
backward country goes far toward ack-
| nowledging the individuality and indie
pendence of woman.
Judging by this test the United States
is the most progressive country in the
| world-a conclusion which may be arri-
| we'd at on other grounds, but which il is
we'll to confirm in the most striking and
original manner possible, namely, by ex-
snining the position taken by its laws
and courts on the more delicate and diff
fcult problem arising under the mar
riage relation. Nowhere has tie pro-
gress OF ideas and manners been so re-
markalole as In this sphere.
The other day Judge Pryor Of the New
York supreme court rendered a decision
which attracted considerable attention
and comment. Bold and novel as was
the principle enunciated by him, public
opinion cordially and unanimously in
dorsei it, not even realizing the slgni-
ficance Of the social departure 10 which
it pointed. The case was that Of wo-
man seeking a decree OF separate
maintenance" for herself and her chill
dren. Her grievance against her hus-
band was ''cruei and inhumsn treat
ment," regarded by the law as a valid
ground for separation without loss Of
the wife's right to support. She did not
allege physical violence or threats Of
violence, but her husband had habi-
tually used insulting and degrading
ep:thets toward her and had subjected
her to verbal outrage" Judge Pryor,
without precedent to guide him, granted
tbs separation asked, and the opinion
which accompanied the decree was in
every respect an extraordinary one.
1t read like paragraph from John
Stuart Mills Subject Of Women" 1t
was liberal education in the ethics OF
modern marriage, and the proper re-
lation between husband and wife.
Whatever said Judge Pryor, the rule
may have been at other times, and what
ever it may be elsewhere, in New York
al the present day meek submission
and patient resignation are not the
wife's sole resource under a brutality
that springs only from physical VIC
lence." Our modern ideas require an
MISREPRESENTATION OF the terms cruel
the law. Inhumanity may be evinced
and cruelty inflicted by abuse by word
OF mouth.b by unprovoked, angry and hu-
initiating reproaches and insults as well
as by violence, and a wife is entitled to
be relieved from a tormenting compan-
ionship which makes marriagea mock
cry instead Of happy a association.
How widely we must have departed
form the old common law notion that
the husband is the master and head OF
the family, that the wife owes him I'M
questioning obedience and that she may
correctd or disciplined by him to the ex-
tent of inflicting bodily injury with a
stick Of certain size" Judge Pryor has
taken step in advance, but who can
doubt that the courts of the country will
follow him and adopt his view OF the
matter
This Pryor ruling serves as a good in
PRODUCTION to the real subject of this
article-the law in regard to the wife's
private correspondence, as il is in the
United States and the leading European
countries. The question was presented
in recent sensational case tried at St
Petersburg, and as a result OF the trial
a Russian jurist has prepared an Ella
borate treatise on the subject.
RIGHT TO OPEN LETTERS.
The question is whether marriage
tercept letters addressed to mis- wife COR
letters from his wife to third persons).
break the seal and read the contents?
Fifty years ago no one seriously ques-
toned the existence OF this right, but
what IS the law today? AS intimated
above. in America the courts have
taken the ground that no such right ex-
lists, which seems to have created pro-
found sensation on the European con-
tinent, Is quoted as a curiosity in the
French legal journal, La Droit, and it
runs as follows:
1T Is impossible 20 admit that in our
time and in this country the legitimate
power OF the husband should include the
right to interfere. during coverture,
with the proper and friendly eorrespon-
dence Of his wife, and that ne SHOULD
have the legal authority 70 intercept and
open her letters without or agains her |
Such an insult and offensive |
Interference would destroy the mutual |
confidence and the peace which should |
exist in marriage, and cannot be sane |
toned by law. especially since it would |
Dniy lead 70 the qualification OF jeal- |
BUS and annoying curiosity. The var |
'ous letters trst are addressed to mar /
RED woman belong to her absolutely, |
from whatever standpoint We regard |
them, and il she does not choose to l
show them or hand them over TO her |
husband, she is entitled TO keep them /
IS her personel and inviols bic property. |
A wife who trusts her husba ad( and We \
are OtAiII ~ dScAAl- raNA - N-l' AAA ~ /
,asesD will never conceal or withhold ner /
,o-res pondence from him without good /
and adequate reasons. The English and |
American Jurisprudence of the present /
law recognizes the individuality and |
moral responsib ility OF the wife as well /
IS Of the husband. and consequently |
guarantees the complete freedom Of
,rought and sentiment OF each. Their /
ceilings and thoughts belong 20 Them 1
,everally The husband is not 20 De
.itaer tyrslt or a spy % his MS VIE.
ma the wife IS 10 % neither :he slave
hui