The Washington herald., 1915-02-21
lawyer ANSWERS
SUFFRAGE PLEAS
Laws for Women Equitable,
W. R. Holloway's Con-
tentlOn.
CITES MANY EXAMPLES
Play by Sufragists Here Exaggerated
Facts-Courts Always Lenient
with FAIR Sex.

To TIL, Editor: The present as!tators
e .uI.agisin. abandoning their sporadic
though vigorous attacks on the general
institutions OF mankind, are now heavily
concentrating their batteries on our sys-
TEN oil Jurisprudence. and, in particular
are aSsailinc one 'Fcprobate ted part
thereof. to-wit. the statute OF Testament
tary guardians. or. as they assert, 1.-THE
law by which a man could will away his
child even from its mother. Disregard
ing the common preference extended Ia
this sex over the bargain counter OF
Justice" resulting from the more than
earnest cndeaVOrs OF our Legislators IL
remove tine legal disabilities of the
femme covert. or married woman. under
the old common law, let us consider this
particular statute
In striving to eXcmpiIty the alleged in
Justice of this statute. the Suffragists use
the instrumentaliiy OF a photoplay en-
titled Your Girl and Nine. said stat
ute Icing laid ais the basis thereof as
Well as certain minor laws; all Of which
are misconStrued by them to the point
OF eNaSger:ttiUn. And. incidentally. il is
worthy of not. that the person in gen
,laI charge OF the production in Wash
ir-ton which was written by one ellison
Willetts "a mani. made Il statement rela-
tiv" to tho points seeming extreme.
Now. in considering this particular
law. we will treat of its necessity and
wisdom, and Of the construction and APP
piication resulting ther"from.
statute Enacted in 1860.
The statute of l. Charles II. Oh. -.
Sec ). better known as the statute OF
trstam"rt;.ry guardians. WAS enacted by
the British Parliament AT Westminster i'll
the year I6.A. II was henelIc:ai lCSisla-
ton. and in furtheTanc, of the pole" of
III" time which had in mind the aboii-
ton OF th,. crude institution of military
tcnure., and the old feudal system. 10y Cs-
tabiiShinE Su~acc t,nuTcS i'll lieu thereof:
a: N"iI ~ In" protection Of children by
empowering III" FAITH thereof TO sccur"
thor welfare 10y teStamcntary diSposi-
ton. which power did not exist prior TO
tho enactment. ZEN ra-tc Leicester. :
NeS Jr, 3iS. In summing up the effect
nj this statute. Gritty. the eminent jur-
iSr. said: ti!h empowers a father.
though himself under twcEty-on". by
jc,d "r Will attcstcd Icy two witnesses,
20 appoint guardians /" all his children
un,lr.' tw"nt &-Onc and unmarried at his
DO Ease. or horn thereafter: such guard
i..uship TO last ill the children attain the
a =. If tWcnty-onC. o. for any less time.
and The appointment to he "ffcctual
=
su...co or othcrISis". tn" t"stancntar ~
rla~,l:an uariu- tn" custody not only Of
The children persons Lat "i their "s-
trr,. both real end I'~Tsonat Explain
ING IT,. object - tho statute and its r"ia-
ton 20 liz" tenure by so"a-". SIm1Iitan-
Coi:-iv instituted. sir William Blackstone
s,a:"d. FL, - tn. warlsiiip ,by SOC
:..Cf ,-r:lS.d Al Tp,.Ttc,an. tn"r" was this
Disadvantage attending it. that Young
hcil:. t,rIc lofI ~ 50 tender an az" l."
choose Th"ir own guardians till twenty
unr. IT,Sht max au irnProvid"ni choice"
Tn..IrftrC. WHEN almost all the lan1s III
tn, kinEdopl wore turned into socasc
tenure ia. SAM statute. l. Car. II, c.
e. ri,,,-rrd mat ii should ie IN th.: power
of aU,' father IL. And Blackstone con-
thur Ia state that if the father failed
to i..shc such appointment. the court Of
chan",-y oi!G do 50 Tor the protection
rf ia, infant. Comm. NNl. Thus we
md t.st tho statute ON Permitted the
lcc.I continue lion. III IN" father friend.
OF tn. d, .Cas,d Iuiu"G guardians nip
witch dcvuIvcd upon MIN 10y tho law Of
nature. TIL" hing !. ThoTp t"mHn., =
= -
Roman LAW Cited.
T., policy Of the Roman law MAS that
tn care Of the minor might be committed
u aim Tnu WIS next to succeed TO the
Inheritance. and this they Boosted 10 be
"summa providcntia." az. -, 4. H. But
our common law. in consideration of the
guardians interest to remove the incum-
lranC. of his pupils life" from that es-
tate was to the effect that the guardian
ship devOlvcd upon the next OF kin to
whom the estate could not possibly de-
Sr.rnd. DBL COM. $50 This law. now
ever. often initiated against the hest in
forests 81 the child and the comfort OF
L." father. in that it frequently excluded
relatives best adapted by friendship and
ability to undertake the duties of guar
,iiinship. because of some possibility that
the estate might descend TO such rela-
tive To remedy this substantial defect
in the existing law the said statute of
t"stamcntary guardianship. now 50 senti-
mentally dcClaimci and repTubatcd. was
'r..crcd AS the then Will Of the people
Themselves. md the disposition permit
col thcr"I'- MAS a; first given to the
father alon", his wifi. being considered.
III certain respects. unfit FOR complete
lrEal recognition (which. If given, would
maze worked i hardship. as 4 result
whereof she was ill-equippcd for the as
sumption Of such an assiduous response
oi'.;y as that OF EIards nshlp; all of
whicn WAS crystallizcd in the statute
aforesaid.
Tho wisdom of the statute is evidenced
by tine fact that for many years it re-
manned intact. II stood the test in Eng
land until 1859, at which time a very
Slight notification was made by Justice
Talford's act, whereby. if the wife were
a fit and proper person. she might OBJ
tain custody OF the child until il arrived
i; the age Of seven years. subject to the
Just regulations OF the chancellor. And
tnCI. during the reign of Victoria, in fur
thcr conformity to certain sentiment,
Parliament enacted that after the death
Of the father the guardianship shopld de-
volve upon the mother. unless the father
appointed 4 guardian. in which case the
To Help Nature Shed