New-York tribune., 1901-07-03

primogeniture produces only one fool in a
family. Rank has ordinarily involved fortunate
marriages; the eldest sons have had the pick of
the handsomest, richest. and possibly the best
educated women. and young noblemen have had
not only social prestige. but also the RESPONSE
biity of the maintenance of large estates thrust
upon them. There are black sheep in the flock
but the English peerage, a whole. has not
been lacking in intellect. character and admin
istrative capacity. 1t has also been one OF the
most cautious. prudent and sagacous legislative
bodies. The House of Lords would have been
swept away by political revolution or organized
agitation long ago IL its leaders had not
cised self-restraint and either modified or sur
rendered their exclusive privileges before there
any loud outcry against them. In a coun-
try not remarkable for fexibility OF either mind
practice. the history of the House OF Lords
has been an object lesson OF adaptability. Or
dinarily the hereditary legislators remain in the
background, listless spectators OF the work of
the Commons. When Tory government is in
power the upper house is hardly more than a
machine for registering the measures enacted
by the Commons. The Deceased Wfes Sister
Marriage bill is almost the only question that
fills the benches. Only once during the last
generation has there been full muster This
when Mr.. Gladstones Home Rule bill
thrown out. That was muster which alarmed
the wise men among the peers. They said.
der their breath. that there must never be an
other exhibition of this kind.
THE EARL'S RECORD.
The nobleman with a charge of bigamy hang
ing over him is not appalling mob OF
titled legislators massed from their private es-
tates and rural pleasures for the purpose OF
overwhelming the will OF the electorate OF the
United Kingdom. Earl Russell. however. with
his honored name and his retrospect OF matri-
monial relations and adventures, is object
lesson in the deterioration OF the titled class.
Old Tory lords will probably be grateful to Sir
Franklin Lushington If they can be spared the
necessity OF dsposing OF this bigamy case.
During the last three years there has been
series Of dscreditable Ntigatons In which the
earl has been concerned. Nine months after
his first marriage Countess Russell instituted
divorce proceedings. but the earl acquitted
of alleged acts Of cruelty. Subsequently she
brought suit for restitution of conjugal rights.
and the earl obtained judicial separation on the
ground that she guilty of legal cruelty In
making criminal charges against him. The
lower court decided in his favor and the Court
Of Appeal dismissed both petitions. and its Judg-
ment was sustained a fresh appeal TO the
House of Lords. Earl Russell meanwhile had
sued his mother-!n-law, Lady Selma Scott. for
criminal libel. and she was convicted and sent
to prison. Countess Russell subsequently ap-
peared a provincial theatre in "A Runaway
Girl" and was performer in London music
hall when the earl teegraphed 10 THE Times
from Nevada the advertisement OF his mar
riage with Mrs. Summerville, after each had
obtained an American divorce. The final hear
ing OF the bigamy case, II II comes before the
House of Lords will render once honored
name notorious. and will do much to impair the
prestige of the privileged class incidentally, 1t
will also direct the worlds attention TO the in
congruities and anomalies of the American law
of marriage and divorce. and possibly will
hasten an urgently needed reform In the uni1ca-
ton of State statutes In the Union l. N f.