Evening star. [volume] (Washington, D.C.) 1854-1972, 1909-10-28
WIFE HAS, SOME RIGHTS
The Legal Relations of Parent
and Child.
BRUTALITY OF OLD LAWS
y-
Mother Had But Little Claim to
Z Custody Of Offspring.
CRUEL ANTIQUE STATUTES
BRUTALITY OF OLD LAWS
CRUEL ANTIQUE STATUTE.
District Of Columbia Inherited From
Maryland Black Laws Of King
: Charles II.

Ellen spencer Mussey. in Good Housekeeping
Magazine.
The intention Of the court to consider
the welfare Of the child was well illus
trated In a case within the personal
knowledge of the writer. Going into the
courtroom one morning, I saw In the
witness chair young woman. whom the
Judge was examining himself in the
gentlest manner possible. 1t developed
that she was the mother, Of a. child Of
about two years, to which she had given
birth at the house Of her husbands
mother. Insanity followed and she was
confined at st. Elizabeth. When she
recovered her reason she found that her
young husband had died. making no pro-
vision for his family.
She returned to her own mother,
broken creature. but gentle and affec-
Tomato Mother love was the only strong
trait OF her character remaining. The
paternaI grandmother refused to give up
the child on the plea that the mother
had homicidal mania which would en-
danger the chill's safety. The physicians
testified that that mania was only re-
current at childbirth. and that so long
as she remained single there was no
reason to fear the return Of the former
trouble. The maternal grandmother Of
fered to care for the little one Il 1t were
returned to the youthful and unfortunate
mother.
The young woman was again seated In
the witness chair and became SO nervous
when croSs-examtned by the opposing
counsel that the chief justice took COM
passion and resumed the cross-examina-
tion himself. She turned toward him q
grateful and trusting countenance, tell
ing him the course of her daily life and
employment and when she had been per-
mitted to see her baby. At last he said:
H. do - ~trf1d
For the first time her face beamed. and
instinctiveiy she put out her arms. say
ing: Because think ! would feel bet
ter IL | had my baby SO then that
the hard-working maternal grandmother
and laid upon her the responsibility of
guarding the safety Of mother and child,
and said: ''The child shall be delivered
to It's mother"
II was scene never to be forgotten,
and one could but follow in fancy the
effect upon both mother and child of re-
Stunning their natural relations, with every
prospect of re-establishing the reason OF
the former.
A Brutal Old Law.
The statute Of Charles IL, passed A. D.
1G;s0, gave the father the absolute dis
posal Of his child born In wedlock. This
statute, which was an absolute denial OF
the mothers right in her child, was the
by inheritance and II became part OF
the Law OF the thirteen original states.
When Maryland ceded land to the fed
eral government for capital, the Dis
trict of Columbia inherited also the Mary
land laws OF which this obnoxious stat
ute was a part. II seems hardly con-
ceivable that a law 50 contrary to the
spirit OF the present age should have re-
manned In force in the District OF Co
luu,bia until the year 1893
II is the genera practice of the court
in divorce proceed nKs to give the custody
of the child of very tender years to the
mother. unless II shall he proven that
she Will not give II proper care, or will
subject II TO immoral or debasing sur
roundings The father Is always charged
his means or his earning capacity justify
such a demand.
Al the age of fourteen years 1t Is pre-
sumed by the law that the minor has the
right to nominate the guardian Of its per-
SON. subject TO the approval Of the court.
IT does not however. necessarily fol-
low that the court will make any change
as 10 the care OF the minors property.
Inc two matters are often distinct.
The minor Of the age Of fourteen years or
older comes INTO court and is personally
questioned as to the personnel Of the pro-
posed guardian: DO you want the man
you named in your petition for your
guardian! the careful Judge may ask;
ana not infrequently the answer comes:
never heard of him before / was
asked 10 sign that paper or II saw him
for the first time in this COURTROOM
The child owes his services to the father
during minority. and unless there be
statutes 70 the contrary the father Is en-
titled 10 his earnings. He Is also charged
with the child's support. and is liable FOR
necessaries furnished to it.
In. some few states the mother on the