Atlanta semi-weekly journal. (Atlanta, Ga.) 1898-1920, 1902-07-24
A VICTORY EoR WOMEN.


A recent horrible tragedy that occurred
in Massachusetts some months ago at
tracted public attention TO a grievous
Nrong 20 mothers which Is enforced by
the statutes Of the great majority OF the
states Of this union. and has caused re-
form in the laws of that state which
should extend to many others.
The story of how Massachusetts was
aroused to a sense Of its duty in this
matter is as follows:
A little more than a year ago poor,
hard working woman at Barre. Mass,
finding that her drunken husband was
about TO leave her. and that he was max
ing preparations TO take away her five
children. was so crazed with grief that
she shot them. She had even consented TO
go to the almshouse IL her children were
allowed 20 accompany her. but this being
i impossible. she committed the awful deed.
The pastor OF the Congregational church
IN Barre made a thorough investigation
OF all the facts in the case and published
them, thus calling public attention to the
matter. He then went TO work 10 secure
a change in the law which gave father
complete power over his children without
any reference TO his character, ability or
condition. The probate judges OF the
state aided him and at last he has been
successful. Both branches OF the legis-
lature have so amended the law that 1t
now provides that "the parents of the
minor. Jointly, shall be entitled to the
custody OF the person OF the minor and to
the care Of his education.
The evidence seemed to show conclusive
" that the woman in this case was driven
TO desperation by a perfectly legal pro-
ceeding as the law Of Massachusetts then
stood.
The prospect Of seeing her five ehilden
taken from her and given over to the
care of a drunken father so exasperated
her that she killed them rather than have
them suffer such doom. It was enough
TO dethrone her reason. but when we take
account of the probabilities she had TO
face who shall say that the fate OF the
children. terrible as 1t was, was not better
than the one they escaped?
There are wide differences OF opinion as
20 what are woman's rights. but we can
not conceive how an argument can be
made to sustain law that gives mother
no control over her own children and
leaves them to the mercy OF their father,
however unfit he may be for that grave
responsibility. But Massachusetts is only
the twelfth state of the union to confer
bv statute a right to a mother equal to
that of a father over their children of
even the tenderest age.
, In all OF the thirty-three other states
the father. according at least TO the letter
of the law, may practically separate them
from their mother at his win.
This is the old common law, remnant
Of the barbarous age when women had no
rights under the law and were as much
the chattels of their lords as any slave or
churl that he owned.
Theoretically this Anticipated law is still
IN force in Georgia but our courts for
wears have mercifully and righteousiy
given IL a liberal Interpretation. They fire.
ouentlv overrule for good cause abe nom
iually superior right of the father and
entrust the children to the safer custody
Of their mother.i
We do not believe that such an instance
as that IN Massachusetts 10 which we
have alluded would be possible in this
state. The Georgia Judge who would take
I'VE Young CnlluIElg III bACH AANA- AAbNA-
or OF good character and possessed of true
uotherly instincts and put them in the
sole charge OF a brutal father would de-
serve and receive sthe seorn OF the COM
munity IN which he issued the cruel de-
cree He would be fortunate. indeed If
he escaped a coat of tar and feathers and
permanent ostracism in his entire circuit.
II would be better, however. TO estab-
Iish for women n-every- state rights over
their children quite equal to those of their
husbands instead Of relying 50 largely up
on the discretion OF judges and the power
of public opinion.
Women have rights in this matter that
cannot be too completely and sacredly
So 'eguarded. They should be guaranteed
by the laws of every state. The fact that
in thirty-three OF the forty-five states, of
this union these God-given rights of wo-
men are not recognized in the written
laws OF men Is a sad commentary upon
our boasted system OF government. re-
proach to our civilization.