Evening star. [volume] (Washington, D.C.) 1854-1972, 1906-02-09
PENALTY OF DISCRETION
BILL FOR FURNISHING DERELICT
HUSBANDS APPROVED.
Neglect of Wife and Children Punish
able by Fine or Imprison-
ment, or Both.

The Commissioners today forwarded to
Congress, with recommendation for favor
able action. draft of bill entitled "A bill
making 1t misdemeanor In the District OF
Columbia to abandon willfully neglect to
provide for the support and maintenance
by any person OF his wife. or his or her
minor children, In destitute or necessttous
circumstances. The measure was prepared
by the board of managers Of the Associated
Charities. and 1t is stated that the corpora
ton counsel and others who would have to
do with its enforcement are heartily In
favor of it.
The bill, which provides drastic punish
mene for cruel or neglectful husbands and
parents has what is regarded as particu-
larry meritorious provision in the clause
which specifies that any fine exacted of
person convicted of violation of the law.
and certain sum earned" by such per-
son when committed to the workhouse, may
be paid to the person or persons most in
need in his or her family.
The proposed bill provides:
That any person In the District of Column
bia who shall. without just cause desert or
willfully neglect or refuse to provide for
the support and maintenance of his wife In
destitute or necesstous circumstances or
any person who SHALL without lawful ex-
cuse, desert or wilfully neglect refuse
TO provide for the support and maintenance
of his or her minor children under the age
of sixteen years in destitute or necessitous
circumstances, shall be deemed guilty of q
mfsdemeanor, and, on conviction thereof,
shall be punished by a fine of not more
than 500, by Imprisonment in the work
house of the District of Columbia at hard
labor for not more than twelve months or
by both s'ich fine and imprisonment; and
should fine be imposed it may be directed
by the court to be paid in whole or in part
TO the wife or to the guardian or custodian
of the minor child or children
An Alternative Proposed.
Provided, that before the trial. with the
consent of the defendant, or after convic-
ton, instead of imposing the punishment
herelnbefore provided or in addition
thereto, the court in its discretion, having
regard to the circumstances and to the
financial ability or earning capacity of the
defendant shall have the power to make
an order, which shall be subject to change
by it from time to time as cfrcumsta noes
may require, directing the defendant to
pay certain sum weekly for the space of
one year to the wife, or to the guardian
or custodian of the minor child or chill
uren or to an organization or individual
approved by the court as trustee. and TO
release the defendant from custody on
PROBATION for the space of one year upon
his or her entering into recognizance.
with or without sureties. in such sum as
the court may direct
The condition of the recognizance shall
be such that If the defendant shall make
his or her personal appearance in court
whenever ordered to do so within the
year. and shall further comply with the
terms of the order and of any subsequent
modification thereof, then the recognizance
shall be void, otherwise of full force and
effect.
If the court be satisfied by information
and due proof. under OATH that at any
time during the year the defendant has
violated the terms of such order. 1t may
forthwith proceed. under the provisions
of the law. with the trial of the defend
ant under the original charge, sentence
him under the original conviction. or en-
force the original sentence, as the case
may be. In case of forfeiture of a recog-
nizance, and enforcement thereof by exc
cution the sum recovered may, In the dis
erection of the court be paid in whole or In
part to the wife, or to the guardian or GUS
todiau of the minor child or children.
Evidence of Marriage.
Section provides that no other evidence
shall be requirea~to prove marriage of such
husband and wife, or that such person is
the lawful father or mother of such child
or children. than is or shall be required to
prove such facts In civil action. In all
prosecutions under the act any existing pro-
visions of law prohibiting the disclosure Of
confidential communications between hus-
band and wife shall not apply, and both
husband and wife shall be competent and
cOmpellable witnesses to testify to any and
all relevant matters, including the fact OF
such marriage and the parentage of such
child or children. Proof of the desertion of
such wife, child or children In destitute or
necessitous circumstances or of neglect to
furnish such wife, child or children neces-
sary and proper food. clothing or shelter is
prima facie evidence that such desertion or
neglect is wilful.
Section provides that 1t shall be the
duty Of the superintendent in charge of the
workhouse of the District of Columbia in
which any person is confined on account of
a sentence under this law to pay over to
the wife. or to the guardian or custodian
of his or her minor child or children, or to
an organization or Individual approved by
the court as trustee. at the end of each
week, for the support of such wife. child
or children. sum equal to so cents for
each days hard labor performed by said
person so confined.