Newark evening star and Newark advertiser. [volume] (Newark, N.J.) 1909-1916, 1914-02-03
DRASTIC LAW FOR
WHOLESALERS
Legislature to Be Urged to Pass
Measure Making Deser-
ton a Crime.

The Legislature will be requested
to enact a drastic measure for tho
punishment of wife and family de-
serters in this State. A. tentative
draft of the proposed measure was
the subject of conference yesterday
in which Judges Martin and Osborne,
representatives of the Children's Aid
Society and the Peoples Legislative
Conference, took part.
Desertion and non-support will be
changed from a disorderly act to a
crime if the bill now being drafted
goes through. The words without
Just cause and with the dependents
in necessitous circumstances" will be
supplemented to the present law and
severe penalties are prescribed.
The proposed act Is worded as fol-
lows:
First-That any person who shall
without just cause desert or wilfully
neglect OF refuse to provide for the
proper support and maintenance Oh
his wife in destitute or necessitnus
circumstances, or any person who
shall without lawful excuse desert or
wilfully neglect or refuse to provide
for the proper support and mainten-
: ance of his or her legitimate or IL
legitimate minor child in destitute or
necessitous circumstances, who shail
be under the age of sixteen years, or
of such child in destitute or nee =ssl-
tous circumstances who shall De
above that age and be incapable OF
self-support; or any child capable Oh
working who has reached its ma
iority, who shall without Lawful ex-
cuse wilfully neglect or refuse to
provide for the proper support and
maintenance of his or her parent or
parents, being in destitute or uecss-
sitouS circumstances, shall be guilty
of q misdemeanor. And it is hereby
made the duty of the parent of any
illegitimate child under the age OF
sixteen years. or of any such child
above that age, incapable OF SELL
support. to provide for the support
and maintenance of such illegit'mate
child.
Second-An offense under this act
shall be held to have been committed
In any county in which such parent
or child may be at the time such
complaint is made. At any time be-
fore trial, upon petition of the COM
plant or compliments, and upon no
tiee to the defendant, the court, or
Judge thereof in vacation, may enter
such temporary order as may seem
Just, providing for support of the per-
dente lite, and may punish for viola
ton of said order as for contempt
Third-Before trial, with the con-
sent of the defendant, or at the trial,
on entry of a plea of guilty, or after
conviction, instead of imposing the
penalty herein provided, or in ad-
ditional thereto, the court In its dis
erection shall have power to make an
order which shall be subject to
change by the court>as circumstances
may require, directing the defendant
TO nav a certain sum at regular in
terVaIs, for a period not exceeding
two years, to the person, persons or
organizations designated by the court,
for the support of the parties de-
serted or unsupported.
Fourth-In no prosecution under
this act shall any existing statute or
rule of law prohibiting the disclosure
of confidential communications be-
tween husband and wife, apply, and
both husband and wife shall be COM
petent and compellable to TESTIFY
against each other to any and all
relevant matters, provided that
neither shall be compelled to give evil
dence discriminating himself or her
self. :,
Fifth--Whenever the court shall
sentence a person to. Imprisonment
under the provisions OF this act, tne
board of freeholders in charge OF the
institution in which such person Is
imprisoned, shall pay, in accordance
with the Judgment and order of the
court, q sum equal to fifty cents per
day for each day, Sundays and holt
days excepted, during which such
person is so imprisoned, to the per
son. persons or organization desig-
mated by the court for the support
and maintenance of the parties de-
serted or unsupported, such sum to
be in lieu of wages for the labor of
said prisoners, and to be considered
as part of the running expenses of
such institution.
Slxth-The jurisdiction of courts
now authorized by law to hear and
determine any of the matters herein
referred to shall not be curtailed or
affected by the passage of this act.
-In case any provision in this act is
declared unconstitutional, the intent
of the Legislature, if hereby ex-
pressed that said provision only shall
be void, and that all other provisions
of this act shall be valid and en-
forceable.
.seventn-This act shall take effect
Immediately.