Los Angeles herald., 1910-02-24
7THIIE LOUISIANA LAW
BY Frederic j. Haskin

siderable prominence in the common
law, is unknown in louisiana Prior
to 1908, when the state Legislature
amended the CODE women could not
legally be witnesses to a will. In gem
eral, the Louisiana code, in all its pro-
visions respecting women, is remark
ably solicitouS to protect them even
from their own weakness. For ex-
ample, there are stringent prohibitions
against a married woman borrowing
money with which to pay her hus-
bands debts. A married woman may
not, in fact, borrow money or ALLEVIATE
her property at all except with the
consent of her husband or a judge, or,
in some instances, with the approval
of both.
one of the most benevolent pro-
visions of the law is that which deter
mines the ownership of the earnings
of a married couple. The code pro-
ceeds on the theory that in the great
majority of cases the husband Is the
wage Garner of the partnership, put
assumes that the wife's activities,
though confined within the walls or
her home, are of equal value and i'm
portance. Therefore, 1t is held that
one half of all the money which ne
may earn shall go to his helpmate.
However, property inherited or ac-
uuired by either member of this part
nership-called technically the COM
munity"-is not subject to this dl-
vision, but becomes the exclusive pos
session of it's recipient.
OF course, the law does not give
either wife or husband any right 10
property which one or the other OF
them may have acquired prior TO mar
riage, and the community Is dlssolVed
by death Moreover, at the time Oh
marriage, the parties may MAKE d
contract whereby there shall be no
community betwc n them, but eacn
retain the exclusive ownership OF their
earnings. In the latter event the con-
tract must be recorded in the mort
gage office, where 1t may be VleWeu
by third parties, who might otnerWlse
suffer from their ignorance OF the sta-
tus of the couple.
In addition to the "Customs," num-
her of ordinances which had 6een
adonted by the French government
from time to time were applied "
louisiana. OF these the most interest,"
ing was >the "Black Code" nrst pro.
mulgated in 1885, for the government
of slaves. All of these laws renhaliieou
in force in Louisiana down 10 A.1', ~
when the province passed into Ine
hands of Spain. In that year Don
Alexandra O'Reilly, the new spanish
governor, made extensive changes not
only in the law, but in the ehtlre ma
chinery of government. He apohsheo
the superior council. which had peen
the legislative body OF the proEInce pn
since 1712, and substituted the .tI,, oapllu1,
q somewhat similar organization, WIFI
"a tber more extensive judicial powers.
O'Reillv also caused a series OF new
lave to be prepared, chiefly relating 10
the institution of suits and the netnou
of procedure before the courts IN clVll
and criminal actions. These were taken
I N1aa 10 NC
from the laws of Castillo and the laws
of the Indies, which in their turn were
based upon the old Spanish tueros'
dating back to the seventh century;
mon the Partidas of Alfonso the Wise
and upon the "Recopulaciones" of the
sixteenth century. OReilly INTENDED
this compilation to serve for the IN
struction of his judges only until tney
had acquired some familiarity win the
Snanish law, which was, of course, put
into effect as soon as practicable AS
the Spanish law was based, like tne
French, upon the old Roman ciVli cooe'
they were similar especially with re-
card to matrimonial rights, testa-
ments. SUGGESTIONS, etc, and the tran
eition from the one to the other worked
comparatively little hardship 10 the
population of Louisiana.
Louisiana is not free from freak les-
islation. 1t has a law fixing the size
of carts in which firewood may be
yended in New Orleans. Another for
bids anyone from rising from his seat
during the performance at theater'
StiIl another makes it serious Of
fense to entice away from his EN-
ployer any hired man or apprentice.
There is an anti-high hat law which
is vigorously enforced at all the the
aters and the Jim Grow street car law
is much in evidence in New Ordeans.
This last cited statute provides that
every car shall have the rear portion
screened off for sthe use of eolored
passengers; but as no special sort OF
screen was provided for in the act the
railroads supply one eighteen inches
long by four or five inches high which
hooked on the back of one of the
seats unquestionably complies with
the letter of the law though plainly
violating the spirit of it.
TomorrOw--CreOle Cooking.