Weekly journal-miner., 1913-02-05

wonderful climate and sunshine; he
 is pronounced in the last stages of tuberculosis; he Is lonely. discour- aged and hopeless; he has not the tender touch of a mothers hand, nor
 the strong support of fathers arm. The smile of his sweetheart is like an empty vision in the hour of his distress One day telegram comes; Nellie" is leaving that night for his bedside. How his heart leaps with joy She arrives and is taken to his rooming-house. At once she is confronted with the prob lem of balancing the equities be-
 tween the passion of her loving heart and the danger of lost repu
 tation in being with him. There is one solution Their hearts are bound together with cords of gold; her life
 is his life. and his life Is hers. Moth
 ing else counts. A license is secured
 and minister is called in. They
 are united. No matter If in three
 days or three weeks the "Grim An
 gel of the Night" carries his soul
 beyond her reach, she will forever
 have the precious memory of those
 precious hours, and his lips will feel
 their last thrill of joy as hers are pressed upon them in the hour of
 death I say it is damnable that
 any board of any human power
 should analyze, with the cold man
 dates of science. their right to this
 treasure of love It is their busi-
 ness. God Almighty has made it
 theirs! And what God hath joined
 together, let no man put asunder, or
 keep asunder.
 It may be that another young
 man apparently in the same stage
 of the dread disease. would receive a welcome visit from his sweetheart, and under her gentle nursing and her infinitely tender care would be brought back to life and health. You my reader, can perhaps count scores of instances where persons have thus been saved within a few mics of the spot where you stay. Shall law deprive a man, or a woman, or the right to the panacea which the cold hand of the doctor has failed to provide. No! It is love that keeps the world alive. Love is the mis- tress of true law, and law must sit humbly at Loves feet
 In many states the matter of prop erty Is involved. Tn states where the wife takes the husband, oft times marriage is the surest and saf- est for a man to provide for the future of the woman who has stalk cd her life upon him She has given 1 him a life for a life. Ii she lies, 1 she has lost the consideration of her bargain. If he Is a man of the right | sort, he will desire in as far as pos sible, though the assignment of property to her to compensate her for her loss. Shall the state de- clare him incompetent to provide for her merely by the denial of the compact?
 Furthermore, curious relatives, or relatives who might otherwise be benefciaries of his estate, may go to great lengths in securing a top page of the marriage contract. Prop erty considerations of cases like this might work infinite hardship in ce. tain instances, and might impute to the state paternalistic right to in tcrference with private property which would not comport in any sense with the fundamental princi- pies of our law.
 Then there is the question of posterity. There was a time when doctors believed that tuberculosis and other diseases were inherited The accepted theory today is that the inheritance is not disease, but mere physical weakness which may result in susceptibility to disease To legislate against procreation on the that a weakness would result, which is sometimes not the case, and upon the physical condit- ion would bring about disease, would be presumption not warranted in good law or in ordinary common sense. Many children of physical weddings are themselves strong. Many children of strong persons are weak from birth The doctors have no business prognosticating the physical state of children by | diagnosis of the parents, until they nave found for the race and for the ;tate the principles which govern