Evening star. [volume] (Washington, D.C.) 1854-1972, 1905-04-16

reasonable sum regularly to the support of
| his wife and children. The proposed law
| provides that the court may order the man
| to pay this money to some approved guard
| ian or organization through whom 1t can
| be expended wisely for the support of his
| family. The most important feature of the
new legislation advocated is the provision
| of means for bringing back the deserving
| husband. who may have gone into Virginia,
| Maryland or some other jurisdiction outside
| of the District of Columbia. At present
| men who leave their families are not
brought back through force of legislation.
| Some states are meeting this difficulty by
making desertion felony. thus constitute
ing 1t as an extraditable offense. Mr.. Bald
win has made the important discovery that
| extraditfon can also be secured for mis-
| demeanors, and he has secured definite.
| written pledges from the governors of sew
| eral different states saying that they will
| be glad to return deserving husbands whom
! the authorities of Washington desire to
| prosecute.
Reasons for Desertion.
| The general character of the exhaustive
study made by Mr.. Baldwin may be judged
| from the titles of some of the leading para
| graphs. The explaining why deser-
! ton is increasing is followed by a para
graph explaining that the offense is Due
| to moral, not physical defects" 1t is
| learned that out of 234 cases analysed by
| the Associated Charities of Boston 80 per
cent were skilled workers, and 10 per cent
clerks or in special occupations, leaving
only 40 per cent unskilled laborers. and
there was, as a rule no inability to furnish
support. The deserted families were not
large, and In nearly one-fifth of the cases
there were no children under fourteen years
of age while in all the other instances the
children averaged less than three to fam
, lily. The discovery that desertion is due to
moral delinquency rather than to industrial
causes leads Mr. Baldwin to the conclu-
sion that 1t should be treated as a GRIM
inal offense." and that society has an eco
nomic interest in the matter. Mr.. Baldwin.
by communicating with the legal authorities
In all the states and territories of the
Union has discovered that desertion is
made a criminal offense in forty-four
states" 1t Is a felony in four states
Special attention is given to the laws of
Louisiana, Minnesota, Wisconsin and Ohio.
In the latter state during the year 1903
the four humane societies Of Cleveland,
Cincinnati, Toledo and Columbus collected
$50. oS9.11 from recreant fathers for the sup
port of children who otherwise must have
been supported at the public expense. The
society of Toledo Is now collecting in this
way from S1,2OO to 81 800 month. and it
is estimated that the amount collected from
this source throughout the state during
1904 will not be less than $4,000. 1t is the
certainty of punishment and the possibility
of reaching the offender either within or
without the state which makes these men
do their duty to this extent, and besides
this, there must be many men who are
supporting the children without being COM
PEELED to by law who would fail to do this
if they believed it would be possible for
them to escape the burden without punish
ment."
Obstacles and Difficulties.
In explaining the obstacles which make
it difficult to deal with desertion by civil
suits only Mr.. Baldwin tells the story of
a typical application for assistance to the
Associated Charities of Washington. In
this instance the man did not actually leave
his wife, but he failed to support her. and
the legislation advocated by the Associated
Charities is planned to deal with such in
stances of non-support There are many
such cases of what is called potential de-
serton,' in which the man does not leave
the city, but fails to contribute to his fam
ily's maintenance. Another difficulty in
Washington at present is found in the quail
flying words ''of sufficient financial ability
which have caused the court to hold that
the man without means was therefore not
subject to the law, Notwithstanding the fact
that he might be able to earn good wages,
as this man could, if he cared to work. The
new law proposed will regard the earning
capacity as well the financial posses
sions of the defendant. Mr. Baldwin has
an interesting paragraph entitled the wife
should be a competent witness. 1t is found
that the abused, neglected wife sometimes
refuses to testify because she fears injury
from her husband 1t is therefore proposed
that any interested person or agency shall
be allowed to bring action in case of wife
desertion, and that the court shall be en-
powered to compel the wife to testify II
necessary. This puts deSertlon on the same
ground as other criminal Offenses, which
may be reported to the legal authorities by
any one cognizant Of the facts. 1t removes
the chance of the mans escaping punish
ment correction through the tlmldlty,
ignorance or lack of ability and energy on
the part of the wife herself.
A great deal of space is given to the
question as to the possibility OF bringing
back a deserving husband who has escaped
into another state, and opinions are cited
from the Attorney General, the governors
and high officials of more than score or
states In some Of these it is found that
the practice has already been established
of returning wife deserters of neighboring
states where the offense is only treated as
a misdemeanor Mr.. Baldwin suggests
that it is not wise to make deserton fell
ony, because that usually involves 4
slower judicial process, necesstates apply
ing to higher court, and requires a
method of procedure which people are less
apt to take without delay and hesitation.
He believes that the offense can best be
handled, as it now is in Washington,
through the police courts. The plan of re-
leasing the offender upon his agreement to
do his reasonable duty toward his wife
and children is discussed carefully, and it
is suggested that there should be facilities
by which the man may be made to face
the alternative of hard labor in the jail or
workhouSe, whence his earnings will be
paid toward his family's support. 1t is
suggested that the recreant husband will
soon reach the conclusion that he would
rather contribute to his family's MAIN
tenance by normal employment outside of
Jail than by compulsory labor among
criminals.
Statements and Statistics.
The pamphlet contains seventy-tve pages
devoted to brief statements of the laws ex-
listing in all the states and territories of the
nation. These are also reviewed in spe-
cial table printed at the close of the volume
and containing information not only from
fifty states and territories, but also from
Alaska, Hawaii, Porto Rico and Canada,
fiftyfour jurisdictions in all. Mr. Baldwin
concludes his study with the following
words in a paragraph which is entitled
THE Problem: IF the solemn words by
which the marriage tie is made indissoluble
What, therefore, God hath Joined together
let no man put asunder, mean anything
they mean Let not this man, the man who
takes the vows, put them asunder.' Dis
obedience of this injunction by him, and
the more SO after children have increased
his obligation, violates the moral law.