Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1914-03-04

Of the misery that clouds human life, II
must be attempted TO BE- sweetened by
the consciousness of it, being . duty
Of the very first class OF Importance.
And 1t IL not every slight touching OF
the wife by the husband. even in anger.
which will Justify q divorce. Inhuman
treatment to constitute . ground for
divorce must DO inhuinan, endanger
life, be wilfuJ and must not DO pro.
voked or caused by the party complain
ing thereof.
The treatment must be inhuman and
SO as to endanger life. The conduct
complained of must be such n to
Justify belief that the continuance OF
c6habitation would be dangerous to the
life and health q the complaining
party. Thus we see 1t IL to be deter
mined from the facts Of each case. Un-
founded charges Of lewdness. insanity
ana adultery: to use abusive language
and deny medical attention to an In
valid; failure to furnish the necessary
supplies, when there - . total lack
Of affection and abusive ana insulting
language or statements BY the husband
to the wife that he has lost his affec-
ton for her and prefers another woman
to her, have been held to constitute
cruel and inhumAn treatment 40 to en-
danger life.
There must be Z reasonable apprs-
hension Of danger. to life. For in
stance. where the husband searched for
q revolver with the intent to kill hA
wife, It was held that It was not neces-
eary to show an actual physical as
sault. Many other cases show that
treatment calculated to affect the mind
OF the plaintiff 90 to destroy her health
ana ultimately endanger her life or any
other treatment which involves by
natural consequence q permanently In
furious and prcjudicial effect upon her
health. That il, II the act affects the
health. not temporarily. but II really
prejudic4al, II amounts to legal cruelty.
because 1t will result in the breaking
down Of tho nervous system: this i'm
pairs tho health Of the person and, II
continued, endangsrs life. Thus Il has
been held that whers the husband COM
PEELED tho wife to work in fields when
her physical condition did not warrant
Il, although no blows were struck or
there was no physical violence. ther~
was good ground for divorce. But
where q husband knocked his vito
down with his fist, TANNED her head
against the refrigerator, checked her.
and in violence undertook % drag her
from tho room, nearly tearing her
clothes from her peson. thore was
clear ground for divorce, because thsrs
was such physical violence - to en-.
danger life.
1nhuman treatment to constitute &
ground for divorce must b. wllful and
not merely The result Of sickness or
insanity. because then the eiement OF
self control Is absent and the party
guilty OF the act 10 legally irresponsible.
When inhuman treatment 10 caused
by the complaining party. then. In not
being free from fault, such party 10
not entitled to divorce. Therefore.
when tho wife insists on attending
dances too frequently with other mar
ried people. or upon keeping company
with certain man. and these acts al
ways result In buows. there w. no
ground for q divorce.
The supreme court has said: III what
is complained OF a. cruelty 10 the re-
suit OF the cornplainant's own niscon-
duct, It will nat furnish . ground tor
the proceeding. The remedy 10 In her
power: she has only to change her con-
duct: otherwise. the wife would have
nothing to do but misconduct herself.
provoke the i'll treatment. and then
complain"