El Paso herald. (El Paso, Tex.) 1901-1931, 1910-02-23
LOUISIANA LAWS DIFFER WIDELY
FROM LAWS Of OTHER STATES

married couple. The code proceeds on
the theory that in the great majority
of cases the husband is the wage
Garner of the partnership, but assumes
that the wifes activities, though con-
fined within the walls of her home, are
of equal value and Importance
Therefore, it is held that onehalf of
all the money which he may earn shall
go TO his helpmate. However, property
Inherited or acquired by either member
Of this partnership-caIled technically
the "community"-is not subpject to
this division, but becomes the exclusive
possession Of its recipient.
Interests of Heirs.
Of course, the law does not give
either wife or husband any right to
property which one or the other of
them may have acquired prior to mar
riage. and the community is dissolved
by death. Moreover. at the time of
marriage, the parties may make a con-
tract whereby there shall be no COM
rnunity between them, but each retain
the exclusive ownership of their earn
ings. In the latter event, the contract
must be recorded in the mortgage Of
flee, where it may be viewed by third
parties. who might otherwise suffer
from their ignorance of the status OF
the couple.
The Louisiana law is, moreover, ex-
ceptionsIly careful of the interests of
minor heirs For instance. it provides
for what Is known as the family
meeting" This is a council appointed
by the court from among the relatives
or near friends Of the minor, which
exercises a sort of general supervision
over his concerns, and to which the exc
cutor must report. and without the au-
thorization of which the executor can
take no step vitality affecting the adj
ministration of the estate.
Louisiana Wills.
Regarding the nature Of wills, the
Louisiana code is singularly explicit,
and for the most part its provisions
exhibit an amazing wisdom and fore
sight One form of will which is pc
cular to Louisiana is the Geographic
WILL regarded by some of the ablest
lawyers in the state as the most salts
factory form of teStamentary DISPOSE
ton This is a viii wholly written,
dated and signed" by the person max
ing it..
Another form of will may be dicta ed
to a notary, in which event it is known
as a testament by public act" The
notary is prohibited from offering any
suggestion during the preparation OF
this instrument as to the manner in
property; and in case he should violate
the law in this regard, the will is void
ed. but the offending official is made
responsible TO the heirs. who shall
thereby be deprived of their heritage.
The character of the Louisiana law is
most readily understood from an exam
ination of its history. From such Il
study one may learn. better than IN any
other way, how diverse are the ele-
ments out of which the existing code
has been forged. and how deeply in
grained in the mental processes of the
people are the ideals of the ancient Ro-
man law.
The first laws that were enforced in
Louisiana were the edicts of the realm
of France and the customs of Paris,
which were extended 10 the province Of
Louisiana by Louis XIV, in 1712. These
customs" of Paris were compiled in
1910, in somewhat tardy obedience to
a decree Of Charles VII, directing that
the then unwritten traditions which
had governed the Jurisprudence of the
various provinces of his kingdom should
be reduced to writing. for the guidance
of his judges. When. some so years
after the publication of this edict, the