The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1904-06-21
MEMBERS OF THE
BAR IN SESSION
EIoquence Floods the
Colonial Club.
SEVERAL ADDRESSES
Mr.. R. C. StrudwiCk Speaks on Law
and Lawyers in Washington State
Today Hon Burton Smith
of Atlanta Will Address
the Association.
of Journal.
(special to News and observer.l }

Especial to News and Observer)
Charlotte, n. c., June 20.-The ini-
tial meeting of the State Bar Associa.
ton was held at the Colonial Club
this evening at $40. Mr.. F. r.
Woodard, chairman of the executive
committee, called the meeting to or
der and President Pruden presented
Mr.. d. b. Smith, who read the adj
dress of welcome that was to have
been delivered by Mr.. Chas. Brenizer,
Owing to the death of Mr.. Brenizer's
mother, he was not present. Judge
r. w. Winston responded on behalf
of the association. Mr.. r. G. Strud-
wick of Greensboro, delivered an adj
dress on Law and Lawyers in Wash
ington State" after which the reports
of standing committees were heard.
Tomorrow a special feature will ba
the annual address by Hon. Burton
Smith, of Atlanta, at 1:30 O'Clock,
Mr.. Smith is president of the Atlanta
Bar Association, is a brother of Hon.
Hoke Smith and is lawyer with q
national reputation. There will also
be a meeting tomorrow night at S.30
O'Clock.
Tomorrow evening at $3.50 o'clock
there will be a reception at the Man
ufacturers' Club in honor of the law
yers. The Charlotte lawsyers are en-
thusiastic over the prospects of fine
meeting of the association.
Mr.. StrudWick spoke i'm part as fol-
lows:
Mr. President, Ladies and Gentlemen:
The most striking departure from
common law ideals to be found in
the Jurisprudence of Washington, is
in regard to the property rights of
husband and wife. Dover and curesy
81, I,,,r 6 =
and the entire system of rights, aris-
ing out of this relation, as we under
stand them has been abrogated, and
the law of Community Property has
taken it's place
This law is said to have been ORR
ginally derived from SPAIN where it
has prevailed from a very early PEE
riod. 1t appears in a Spanish Code,
which dates from the seventh CEN
tury, and is supposed to have taken
its origin from an amalgamation of
Roman and Gothic laws.
1t is interesting to note, that this is
the most ancient Code of Teutonic
origin, which has retained any part of
it's influence to the present day. That
this influence is considerable still, APP
pears afrom the fact that. i'm its es-
sential features it is, now, the law
governing this, the most important of
New Mexico, Arizona, California, Ne
vada, Idaho and Washington.
The central idea of the commune
ty system is, an equal division of all
matrimonial gains, between the
SpouSeS. When a marriage takes
place, the husband as SUCH acquires
no interest present or future, vested
or contingent, in any property then
owned by the wife, and the same is
true as to the wife, with regard
to the husbands estate. All property,
real and personal, and the avails
thereof, acquired by either after mar
riage, except that acquired by gift,
devise or Inheritance, is community
property, and belongs to the legal en-
tity composed of husband and wife,
with right of survivorship, on failure
of issue. So that, it will be seen that
there is created a kind of marital part
nership differing in many respects,
not necessary to be here enumerated,
from a partnership properly SO call
ed yet possessing many of the incl
dents of that relation. The husband
has the management and control of
the common real estate, and he is en-
titled to receive and expend the pro-
fits thereof without being accountable
to the wife, but it can be conveyed
only by the community, that is, by
husband and wife, jointly. Either
spouse may by will, dispose of one
half of the common property. The
husband has the right to sell or 9TH
erwise dispose of the community per-
sonal estate without the concurrence
of the wife. All property owned by
either spouse before marriage, or ac-
quired by either, after marriage, by
gift devise or inheritance, is the sep
arate estate of such spouse, and, as to
it, each retains the same power of
disposition and control, as if no mar
riage had taken place The commu-
nifty is dissolved by death, or by di-
vorce. In case of divorce, which
sometimes happens out there, the
court annulling the marriage has
jurisdiction to make an equitable di-
vision of the common property in the
decree which it renders, between the
parties to the action.
In case of death, if there are no
children, and there is no will, the
surviving spouse takes the whole of
the common property as survivor. If
there are children, they take the share
of their deceased parent, by descent.
The foregoing is brief outline of
the Community Property system; an
ill-advised attempt to blend two sys-
TENS of law. not only diverse, but an
tagonistic, the Latin and the Anglo
Saxon.
So far as my experience and obser-
vation extends, it is not, in its prac-
tical administration, an improvement.
Continued on Page Two.)