The Oskaloosa herald., 1903-07-02
ENDS ALL
At Least That is What Des Moines
Man Claims.

| Des Moines, June 26-Judge Nc
Yey, Of the district court, during the
next few days will hand down de-
cision on question which has never
] before been raised in this state and
because of the popularity of the Iowa
law there is no exact parallel in any
other state. Arguments on the point
were made before him yesterday at
ternoon in the injunction proceedings
commenced against Sheriff Mattern
and Cora Fairchild by S. G. Wilson
and he has taken the case under adj
visement.
is a judgment given against man
for the support of child born out of
wedlock a provable debt and one such
as may be liquidated by discharge
in bankruptcy" In court yesterday
| lawyers stood up and said aye and
nay and each gave his reasons for the
side of the question on which he
stood. That 1t is not provable debt
is maintained by the legal representa-
tives of Cora Fairchild because it is
not an obligation which resulted from
a contract between two parties. That
it is a provable debt is held by Will
sons lawyers on the ground that the
| Judgment IS the result under the code
of Iowa of civil action and not of
a criminal proceedings. This pecu-
liarity of the Iowa law caused consid-
cradle discussion in the action yester-
day. The Iowa law looks upon man
guilty of being the father Of an un-
unlawful child not as criminal, but
as one indebted to society for the sup
port of the child. Accordingly while
an action against a man on this
charge is brought in the name Of the
state it is purely civil and the defend
ant cannot be imprisoned upon being
found guilty or even during the pro-
gress of the trial. The only result
can be a discharge or a rendering OF
Judgment against the defendant for
a sum to be used for the support OF
the child with the intent that it shall
not become a charge at any time upon
the public. The lawyers, who would
dissolve the temporary injunction
granted against Sheriff Mattern to re-
| strain him from selling property lev
led upon to satisfy judgment against
Wilson, have pointed out that in other
states it has been held by the court
that a debt of this kind is not proVa-
BILE. Their opponent came back with
the showing that in these states the
act of the man is looked upon as Grim
inal, whereas it Is not here.
The representatives of Cora Fair
child maintain the judgment given
against Wilson cannot be fully liquid
ated until the child is twelve years OF
age, as up to that time the court may
after his judgment by making the
amount greater, and that accordingly
it is not a provable debt.
The question was mooted for a
number of hours and citations from
federal and state court rulings were
presented to the judge. Considerable
interest is manifested in the matter
and the decision of Judge McVey is
being anxiously awaited by the entire
legal fraternity.
The matter was brought about after
considerable legal meneuvering. Cora
Fairchaild secured Judgment
against S. G. Wilson for $1,000 as she
alleged he was the father Of her child.
Wilson went into bankruptcy and was
discharged by the judge of the United
States district court. Recently Sher-
if Mattern levied upon property of
for
sale to satisfy the judgment of Cora
Fairchild, when Wilson secured a
temporary injunction. The hearing
yesterday was on Wilson's petition to
make the iniunctinn permanent.