Ottumwa tri-weekly courier. [volume] (Ottumwa, Iowa) 1903-1916, 1907-02-14
Bill to Punish
/ |WifeDeserter
Senate Passes Measure to
Compel Husband, 20
Support Famil;,aso s

Support Fami1;,aso, s
5 So
Des Moines alooS 13.-Wife deser-
tion was made crime
by the senate yesterday. 1t passed
the wife and family desertion bill. 1t
provides for severe penalty for de-
sertion by man Of his wife or chill
dren, and for desertion by woman
of her children.
Senator Smith Of Mitchell county
had charge of the measure He said
that in forty states the desertion of
wife or children is made misde-
meanor and in five felony. Nevada.
Oregon, Texas, Tennessee and Iowa
are the five states which have not
acted on the matter at all. He
thought Iowa behind the times
in respect to protecting children and
preventing them becoming public
charges through abandonment by their
parents.
Text Of Bill.
The bill, as passed, follows:
Section /. Every person who shall,
without good cause, wilfully neglect or
refuse to maintain or provide for his
wife, she being in a destitute condi.
tion, or who shall, without good cause,
abandon his or her legitimate, illegiti-
mate or legally adopted child OF chill
dren under the age of 16 years, leav.
ing such child OF children in a desti-
tute condition or shall, without good
cause wilfully neglect or refuse to
provide for such child, or children,
they being in a destitute condition,
shall be deemed guilty Of
desertion and, upon conviction, shall
be punished by Imprisonment in the
penitentiary for not more than one
year, or by Imprisonment in the coun-
ty Jail for not more than six months.
Section 2. In all prosecutions under
this act, the husband or wife shall be
a competent witness for the state and
may testify to any relevant acts or
communications between them, any.
thing in previous statutes to the con
trary notwithstanding, provided
however, that no husband or wife
shall be called or compelled to testify
against the other under this act, ex.
cept upon consent of such witness.
Bond to Secure Support.
Section 8. II, after arrest and be-
fore trial, after conviction and before
sentence, the party so arrested or
convicted shall appear before the court
in which the case is pending or the
conviction had, and enter into bond
to the state of Iowa in sum to be
fixed by the court, which in no event
shall exceed the sum OF $1,000 with or
without sureties, as .lay be determin.
ed by the court, conditioned that such
husband will furnish said wife with a
necessary and proper home, food, care
and clothing, or that such parents
will furnish his or her child or chill
dren with necessary and proper
home, food, care and clothing, thcn
sal court may release the defendant.
Said bond shall remain Ia force so
long as the court deems the same
necessary; and whenever it shall ap.
pear to said court, by affidavit or 9TH
erwise, that such husband or parent
is in good faith furnishing his wife,
Echild or children with the necessary
and proper home, food, care and cloth
ing, the court may annul the said
bond.
Forfeited Bond to Wife.
oSClOA I. OpCu letlulS VI Sttlu uuS-
band or parent to comply with this un-
dertaking, he or she may be arrested
| by the sheriff or other officer upon
a warrant issued from a court in which
the case is pending or the conviction
was had and the court may thereupon
order forfeiture of the undertaking
and that the defendant be tried or
committed in execution of the SEN
tence, or for some good cause shown
may release the defendant upon a
new undertaking.
Section 5. In case Of forfeiture Of
the bond, action shall, unless other.
wise ordered by the court, be brought
thereon by the county attorney in the
name of the state, and the amount
recovered thereon may, in the discre.
tion of the court be paid in whole or
in part to the wife or the guardian
or custodian of the minor child or chill.
dren for the use and benefit thereof,
and if in the discretion of the court
any part thereof should be paid to the
school fund, it may so order.
Section 6. Prior to the desertion Of
the wife, child or children in destitute
or necessitous circumstances or Of
neglect to furnish such wife, child or
children necessary and proper food
clothing or shelter, shall be prima
facie evidence that such desertion rr
neglect was wilf;.l
TEN PER CENT INCREASE.