The Manitowoc pilot. [volume] (Manitowoc, Wis.) 1859-1932, 1906-12-27
CAN JlLT GIRL
IF SHE is I'LL.
Washington State Supreme Court Decides
Suit Against Consumptive-Bad
Bargain Better Broken.


BALLARD, Wash. Dec. 24.-James
Il. Zook, former mayor of this city, has
won the famous breach of promise suit
brought against him.
During his official term in 1904 Mayor
Zook and Miss Rosana Grover of Bal
lard were betrothed. The latter had
the preparation of her wedding trous-
seau well under way when Mr. Zook
suddenly broke the engagement, giving
as his reaSo therefor that his hancee
was afflicted with consumption. The
case attracted widespread attention, es
peciaily among the medical profession.
Bad Bargain Is Better Broken.
Miss Grover sued for breach of prom
Use, and in spite of his plea Washing
ton jury gave the plaintiff Judgment for
$4,000, which was cut - $4,000, how
ever by the trial judge. An appeal WAS
taken and former Mayor Zook has just
won, in the supreme court. That tribu-
nal has reversed the judgment of the SUI
perior court on the theory that bad
bargain is better broken than kept. and
has directed the dismissal of the case.
1t was brought out in the first trial
that in breaking the engagement Mr..
IoOk informed Miss Grover that he be-
lieved it was for their own best inter
csts as well as society i'll general that
they should not marry. The fact that
both of his parents had died of consump-
ton was urged as Il further reason for
their not marrying.
In an exhaustive opinion written by
Justice Milo A. Root of Seattle, the
court, among other things, says:
In the domain of morals 1t Is n maxim
that bad promise Is better broken than
kept. Moral considerations must have II
predominating influence upon such qucs-
ton rs now conirontS us. In fact. they
are the basis and the life of the law ap,
plicahle in case of this character
Any person entering marriage, knowing
himself to be seriously afflicted with pull.
mOnary tuberculosis violates the spirit II
not the exact letter. of the statutes on
acted to prevent the spread of that dis
ease. The same is true of one who mar
ricS another knowing him or her to he
thus afflicted; An agreement which. If
executed. would thrwart the hcneicent pur-
pose of such statutes, ought not to be
held binding
State Is Most Concerned.
The paramount consideration involved in
the determination of this case Is not that
appcrtaiuing solely TO the parties To this
action although rs to each of them IT is OF
great Importance, but it is as to the com.
munity, the state, and to humanity In
general.
Here we have man and woman en-
gagged to he married. The man is of a
family several members of which have
died with pulmonary consumption. The
woman is afflicted with the same disease
to such "a extent that ii becomes necessary
for her TO go to Il distant portion of the
country 10 recuperatc. which she does, re.
turning with the atilictlou still upon her
and with small if any, assurances Of re
Gerry Under these circumstances. if the
marriage were to he cousummated. what
would be- the natural consequences to h2
anticipated:
1t is a fundamental proposition that n con
tract c0ntravrning the provisions or policy
Of a public law is void or vodable.
facts when viii show contract TO be
opposed 10 public policy. II having hc0n
the privilege, and, as we believe. the moral
and legal duty Of appellant to decline to
carry out the agreement. he cannot be held
responsible In damages for so doing,