Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1900-11-16
A QUESTION OF HEAD"

A judicial decision has recently been
rendered by the United states circuit
court Of appeals at Richmond, Va,
which is Of general interest as bearing
upon the question whether. under GER
tain circumstances. married woman
Is not the head Of family, legally as
well as actually. The view has hither-
10 been quite general that the husband.
be his position In the household ever so
humble, is from the point Of view OF the
law, the responsible head. The decision
referred 10 regards this as erroneous.
The case was that OF one Mrs Rich
ordson, who conducted a store in
Virginia village. and also acted as
postmistress. She employed her hus-
band at a reasonable salary, but she
conducted the business. At length she
failed, made an assignment and asked
TO be declared bankrupt. The laws OF
Virginia allow the head OF a house
hold homestead exemption OF $4,000.
and Mrs. Richardson claimed this bene-
IT, Her petition was contested on the
ground that her husband was the head
Of the family and Judge waddell
sustained the objection The case was
then taken 10 the circuit court Of ap-
peals, and the decree Of the lower court
was reversed. Judge Purnell. In his
opinion. said in part:
When an intelligent. active. indus
trlous frugal woman finds she has
| married a man who, instead Of coming
up to the standard OF a husband, is
me~a dependent, who acknowledges
| ~ he Is only helpmate to his wife.
obeys her instructions. pours his little
| earnings into her lap. acknowledges
/ her TO be and always To have been the
head OF the family. and leaves 10 her
| It's support. IL would be contradictory
| Of fact and an absurd construction OF
/ law 20 say he, and not she. Is the head
Of the family and deny TO her the ben
| Gifts intended for the family. and OF the
/ separate estate she has accumulated.
because the title Is in her and she lives
| with him."
Possibly the case may be appealed to
the Supreme court, and II the decision
OF the circuit court is upheld. the prin-
clple will be established that the ques-
ton Of the family head is not, as
far as the law takes cognizance OF the
matter dependent on sex. The one that
conducts the business and earns the
bread and directs the household Is the
head"
The old notions are easily traced back
to time when physical strength was
absolutely necessary IN the family
head When the head had to battle,
often singlehanded, for his own exist
ence and that Of those depending on
him. against the forces Of nature. wild
beasts and savage men, the direction
Of affairs naturally fell upon Sim as TO
the choice OF locality in which to live
and other matters relating to the safety
and the comfort OF the household. The
| chief duty Of the others was submission
to his arrangements. When life was
one continual battle obedience to one
] lA'NN was as HlAhtA n HNNfNNAAA va AAN
as It Is today in armies on
| the field. The ideas thus formed were
! carried along into the tribal and ma
tlonal relations into which society de-
/ veloped. II was a most natural division
Of labor. suggested by the physical and
mental constitution OF the two sexes.
Time, however has now brought about
wonderful changes In the modes Of liy-
ing Existence IS no longer dependent
on physical strength In fact, manual
| labor Is. as a rule, the most poorly
paid. With the possibility Of earning a
livelihood through intellectual labor, the
positions Of breadwlnners have gradu-
ally been divided UP between the sexes.
! whether right or wrong, whether for
the best interests Of society or not. the
fact is that woman In the modern So
clal structure is occupying a position
| which. to her, was a physical and
moral lmpossibillty at the previous sta
ges OF civilization. 1t IL not strange
that the law should recognize fact
already established,
The next step In this development
will be the assumption by woman Of the
full responsibilities Of the new position.
From the mystic past there has come
down 10 the present age the sense OF
chivalry. which Is perhaps nowhere 50
much IN evidence as in this country.
II Is the sense Of duty on the part Of
man to protect" woman even against
her own possible weaknesses and fol-
lies. A notable change Is coming even
in this regard. The head Of the fami-
Is" who is given recognition as such
when there is chance Of saving $1,000
from a financial wreck, viii as a nat
ural consequence, also be asked to car
~ the fun responsibility before the
law In It's most forbidding aspects,
Times change and we with them
Long hair Is not 50 essential 70 foot.
ball players as Il has been
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