The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1901-07-22
NO GROUND FOR DIVORCE
HUSBANDS FAILURE TO SUPPORT NO
REASON o SEPARATION.
California Judge Holds 1t Is the
Wife's Duty to Bear a Part of the
Financial Responsibilities.

o ANGELES, Cal, July 21--Judge
Waldo Nj. York, OF Los Angeles, is not the
most popular man in southern California
Just now. He has brought down wrath
upon his head by declaring from the bench
that women should have some of the re-
sponsibilities of the support of the family.
and the husbands failure to support the
wife was not necessarily valid grounds for
divorce. This is the judges ruling.
"A wife might easily earn enough to sup
port both herself and husband. | believe
that women should bear some of the re-
sponsibility of the support Of the family
upon their own shoulders. We ought all
of us to work and do something to keep the
world going. The mere fact hat this wom-
an and her daughter have had to help sup
port the family is not in itself sufficient
grounds for divorce
The decision, which Is holding first place
with the weather and other topics Ok COLI
versation, was in the divorce suit Of Mrs.
Flora l.. Stephens against Henry q. ste
phens. which was decided in favor of the
plaintiff. Mrs. Stephens brought action for
freedom from her husband on the ground
that cruelty and nonsupport, and told i
pitifu1 story.
The wife left the husband, but the case is
one which under the law constitutes ! de-
sertion by him, as Stephens told mis- VIE
she would have to go. They were living az
the time in East Los Angeles, and she took
her TWO children, who were living at home.
and left The man who had failed TO support
her.
Angeles they resided at Pomona, where the
husbands neglect of and cruelty toward
his family aroused such Indignation that
the citizens threatened TO tar and feather
MIN if he did not leave town. The man has
no trade. and, according to the woman $
story, no ambition and no inclination 10
has been compelled to take In washing IN
order to support the family.
Although poor, the plucky little woman is
ambitious for her children, and is putting
one son through a college at Healdsburg.
The boy, unlike his father, is energetic and
a hard worker, and he is paying a part OF
his tuition by working before and after
school hours. The oldest son, Amos, has a
situation in Riverside county, but does lit
tie toward the support of the family. The
Oldest daughter, Mrs. Myrtle Woolacott. is
happily married and does much TO assist
her mother. The youngest is a child OF
three.
After these facts had been proved to the
court Mrs. Stephens's attorney, Charles
Lantz. submitted the case. and Judge York
rendered his decision. After touching upon
the matter of nonsupport the judge made
the ruling above quoted and said:
"The fact that the husband has not con
tributed to the support of the family with
out proof of his ability to do so or proof OF
his neglect TO do SO by reason Of his idle
ness, profigacy or dissipation is insufficient
to justify a divorce. Besides, the law does
not contemplate that a poor man, relying
| solely upon his labor for support, should be
the only laborer in the family. In this case
the wife and her daughter, by honest and
honorable employment. were able to earn
a living and had the courage TO do so. Their
work was no harder than that ordinarily
done by laboring people. and for aught that
appears the husband may not have beer
able to find employment. and. If able tC
find employment. may not have been phys
ically able to labor. All people. rich or poor
should do their part of the work Of the
world. and not be drones, whose existence is
useless.
But it does appear in this case that the
husband. prior TO the separation. was ex-
tremely cruel to his wife in many ways. and
that without cause he inflicted upon her
grievous mental suffering and physical in.
juries. and upon that ground she Is entitled
TO a divorce.
II Go not look upon this matter Of womer
helping 70 support the family as such al
extraordinary state of affairs as 10 warrant
anybody applying for legal separation upor
that ground.