The Seattle post-intelligencer. [volume] (Seattle, Wash. Terr. [Wash.]) 1888-1914, 1897-01-24
posIHImous WIVES.


The story is told that woman has ap-
peared claiming TO bs the first wife OF
Jay Gould and making demand for part
OF his estate. II is not just to pass any
Judgment upon the merit OF that claim,
but Il suggests the necessity OF the appli-
cation OF the statute Of limitations TO such
cases.
II Jay Gould had wife at the time he
married the woman who held undisputed
title to that relationship for so many
years, the silence of the wife is a greater
wrong to the woman who believed herself
to be a lawful wife. TO the innocent chill
dren and TO society. than TO that wife
who suffered the wrong to exist without
protest.
Matrimony has its responsibilities, and
It Is the duty OF both parties to It 10 as
sumo them by asserting the rights il con-
yeys. When a lawful wife permits an
other woman TO remain In ignorance of
her unlawful position she should suffer
the consequences OF her own abnegation.
Abandonment by a husband OF wife Is
no greater injustice than abandonment by
a wife OF her claims. New rights are
meantime acquired, not only by the inno-
cent woman, but by her children. and
there is no more logical demand for
statute OF repose than In the case of
those who have In good faith accepted the
position OF wife or been compelled to en-
ter into existence as offspring.
The case OF Nettie Craven, who now
claims TO have been the wife by contract
OF the late Senator Fair, IL another in
stance OF the injustice OF admitting post
humous professions % such rights. The
law very ieaiousiy guards the rights OF
innocent beneficiaries in the acquisition
OF property. Contracts. deeds, mortgage
and other obligations are regarded with
suspicion unless they are placed upon rec
ord as a warning, and no contract IL OF
more consequences than marriage con-
tract.
A woman who consents 20 secrecy about
a matter which so vitality concerns her
interests as her marriage relation, should
do so at her peril. She owes it TO the
dignity OF her sex and TO the safety OF
society. no less than 20 her own reputa-
ton, 70 assert her connubiA rights from
the time she acquires them. II she con
sents to regard the relation OF husband
and wife as commercial one merely.
she should subject herself TO the COM
mercih avs.
Publicity in such matters Is the best
guarantee against fraud. II the relation
OF a man and woman involved only afgec-
ton and mutual attentions It would be an
entirely private affair. and the right Of
secret counubiallty might be respected.
But II goes farther than this. and for the
protection OF wives society Is making il so
farther now than IL ever ala. II extends
70 the Joint ownership OF property. TO the
power OF alienation, and even to the man
agement OF community property. The
good purpose or the ganancial law should
not ba frustrated by secret bargains and
unrecoraed contracts between a man and
a woman who conceal from the world the
Vital fact Of their contractual relation.
A wife who voluntarily permits her hus-
band 20 pass as an unmarried man or who
fails 70 notify society % hsr matrimonial
status should b. reicgated 20 TIE same
position as = man who sleeps upon his
rights. There should be the same sqtIit-
abba right as that accorded to newfy-d.s-
covered fraud. bat no mare. IN neither
the case % jay Goula's or o. James Fairs
unsuspcote3 wife IS there any prctenss
that the woman dta not know shs was
shstt,ng 8 fraud upon inaocsut people.
Both women knew that ths fact OF the
marriage was unsupported ~ those who
wers dealing with their husbands. yet
they permitted that imposition % proceed
without remoastranos untn the time bad
arrived when I; was exceedingly et-lcult
90 rebut their claims.
Th= Innocent children IN each case were
permitted 20 assume pesitioas which tn
VOWED IN one case rot only property
rlghts and risks. bat their lawful right 70
a name saa TO legitimacy. They had pub
Nelly assurn - thst- positions ard shosild
not - Deprived % thsm through The fall
az. cf anybody &c interviews within . rua-
sorah,s tirne Sympathy Usually goes cut
% Jae silent vie. bat 81 Is TOO oStsa 9
misplaced sympathy. basel upon 40 sound
principle q natural Justice