The watchman and southron. [volume] (Sumter, S.C.) 1881-1930, 1908-01-15

every marriage that the husband ,s
eht''ied 10 the services Of his wife
without other compensation than SUD.
port and maintenance and the dis
charge OF other duties arising out
OF the material relation: and al.
though the constitution secures ~
her property rights, in her senarat,
property and enables her to make
contracts, as II unmarried, there is
nothing either in It. or in the enab,.
ing STATUTES which relieves the wife
advanced the interesting argument that
In this respect the constitution of 1898
and the statutes based thereon In nc
way changed the common law rc,at.
ions OF the husband and wife. and that
the right Of wife to her earnings. ar
corded by the statute Of 1887 applied
only to what she earned by services
to third parties.
1t was contended by Captain Bly,
the that the common law doctrine had
been abrograted by the constitution OF
1895 and the enabling statutes, and
Mrs. Scruggs had just as much right
to contract with Mr. Scruggs for her
services as any other woman had.
Referee Hayward in an interesting
decision sustained the trusteee and thu
case went up on appeal to Judge Bra
Wiley. The matter was argued before
him at the recent term of the fed.
eral court, out was not decided at that
lime, the Judge taking the papers and
requesting typewriter points and an
thorities from the contending attor-
OF the common law duty of rendering
services to her husband.
''She is still his helpmeet. he "a
still entitled to her companionshin
ana services. and Is compelled to pro-
tect and support her. She can con-
tract to labor for others than her
husband and tho product Of such la
Dor Is her own. but she cannot be a
wife and hired servant to her hus-
band at the same time"
! The Scruggs case on the whole has
been one OF the most interesting ever
held in the bankrupt courts OF the
State 1t is a remarkable case for
many reasons. TIE begin with, It has
been discovered afterwards that Mr.
tScruggs could have worked his way
out without filing a petition in bank
ruptcy, as his property was worth
more than he owed. It is now esti-
mated that at the appraised value his
property will bring $S.7O0. The stock
OF goods in his store has been sold for
$1,000, making a total of $1,000 in
assets. The claims aggregate $500,
So that after all costs have been paid
each creditor will receive at least 80
per cent. of his claim. The ayera orc
per cent, paid upon claims in bank.
ruFtcy proceedings is about 80 cents
ON the dollar.
| since MT. Scruggs went into bank
ruptcy mining expert discovered
gold on his land and whoever gets che
land at the public auction IN February.
when tho property will be sold may
ger very valuable gold nine. The
land was to have been sold in Octo-
Der but the discovery Of the yellow
metal on the property brought about
change in the proceedings. It was
thought that Mr.. Scruggs would be
able to raise the money to pay off the
claims and save his land from being
sold at public outcry, but this has NOT
been done. At q recent meeting of the
creditors in Referee Heyward's Office
resolution was passed by the credit
ors to sell the land on salesday ir
! February. to the highest bidder.