The Washington times., 1915-02-12
Tells Mr.. Marshall Of Care Of Chill
dren In Answer To His Queries.

ACu AZ hN0WCI 11t0 NIVSb hSos
To the Editor Of THE TIMES:
Responding to Mr.. Marshalrs COM
munication in your issue Of the sth: The
reply to his first question In that there
Is no State where the custody or con-
troll Of an iflegitimate child is vested In
the father. That IL the prerogative OF
the mother. In sharp contrast to the
recognized rights of the mother Of le-
gitimate children. Many equal suffrage
States have laws which require the ad-
judged father to help support illegi-
innate children. Many states. too. have
law inherited from England. where an
illegitimate child cannot be legally
adopted. and II either parent bequeaths
property to such child. 1t must pay the
In reply to Mr.. Marshalfs second
question. we give the following cita-
tions ut Is debatable in Ohio whether
the law has been sufficiently amended
Delaware Code. 1852. as amended in
1SS3.Ch. s6, Sec. 8; father has right to
appoint a guardian Of person and prop
erty Of minor child by will or deed.
Florida. Gen. statutes, Oh. 8. Art. I.
Sec. 1908; father has right to appoint
guardian Of both person and properly
Of minor child by will or deed. No mem
Georgia Code. 1911. ch. 3. Sec. sosa;
father has right to appoint a guardian
Of both person and property by will II
father 10 dead. mother may appoint =
property as she leaves the child and
provIded she Is still a widow:
Maryland's Testa mentary Law pro-
yides a.,t that the father nsr may appoint ds.d z
mother may appoint by will:
Michigan. Howell's ST.. Ch. 3l2. Sec.
1852; father may appoint a guardian py
will: proviso that mother may apply
to courts to revoke such guardianship
Pennsylvania. Purdon's Digest: De.
| cedent's Estate Law. Ch. 1. Subd. !. Sec
~ ct seq: father has right to appoint
guardian Of person and estate o.
consent. II father is dead and has ap.
pointed no guardian by his Will,
mother may appoint a guardian by heI
will in respect Of such estate as she
leaves the child. Act Of June 2s. 1882
father. provided she contributes to itt
Tennessee Code. 1884. Art: 2. Sec. 1852
| father has right to appoint guardian
property. during any part OF infancy
II father deserts the mother she ma,
| apply to court to be appointed guardian
but she cannot appoint guardian oS
| her Will SO held IN z lenn.. Sn oS'
| Vermont Public St, 1906. Oh. $50, Sec
1856: father has power to appoint
guardian by will; II father dies with
out exercising power. mother may b<
appointed guardian.
| Virginia Code. 1904. Sec. 25s7. Ch
l16: father has power to appoint guard
ian by will: II he dies without exercis
Ing power. mother may appoint by will
| West Virginia Code. 1913, Ch. 81, Sec
3497, makes father guardian with pow
er OF appointment by will II father II
dead, mother may appoint by will.
The session laws since the publication
| of the foregoing codes have been ex
amined for amendments. but none were
| found.
The laws Of South Carolina were
amended because Of the notoriety aris'
| ing from the ex parte Tilman case, de.
cided in 1909. when the jurisdiction OF
D., the Supreme Court Of the United States
had to be invoked to restore two little
girls Of tender years to their mother
their father having decided them away
| against her bitter protest.
| Mr.. Marshalrs charge OF unfairness re
minds me Of the parable OF the mott
| and the beam.
| ] appreciate your courtesy in allow
ing me the use Of this space.
| Woshipptnn February H. 1915