The Lakeland evening telegram. (Lakeland, Fla.) 1911-1922, 1916-12-14
SETTLED OUT
OF COURT
By BARBARA PHIPPS


Of eighteen. having been cOurted by
Judge Anterior, who at thirty had
been endowed with judicial honors
accepted him, and all went well be-
tween them until Miss Howland's elder
sister, Margaret, interfered. Margaret
had recently been graduated from a
law school and was an active worker
in the cause of wOman's advancement
She was as aggressive as Effie was re
firing. Being one Of those persons
who would make all persons Like them
selves, she endeavored to persuade heI
sister that she should give up matri
mony for profession. After exhaust.
ing argument she turned to acting fol
Ef1e on her own account. She wrote
Judge Atherton a note breaking her
sisters engagement.
To this note the Judge replied. ask.
ing in what capacity Margaret acted
for her sister. Was she agent, coun.
selor or did she claim the right as
older sister? Margaret replied that any
Of these would fit the case, but she
preferred to be considered her sisters
attorney.
Margaret WI. somewhat taken back
by a reply from the judge stating that
he would hear the case the next after
noon in room 45, superior court build
ing. After thinking the matter over
she concluded to accept the judges
challenge.
Margaret, who was very proud Of her
legal attachments, would have gladly
prepared herself for the coming tussle
which she expected would be fought
out In legal parlance, but she had no
idea what ground Judge Anterior
would take. Consequently she went
with her sister to the judges Office
room at the hour appointed, obliged to
rely on her general legal knowledge
and her wits. AS the two ladies enter
ed he rose and motioned them to
chairs, then seated himself behind bis
mahogany desk.
II understand" he said to Margaret,
that your sister, having made an
agreement to enter into q contract of
marriage with me, now desires to
break the agreement. think I am
entitled to know the grounds on which
she proposes to take such action"
"Eflle." Margaret replied, has re-
considered the matter of a career and
has decided that profession is desir-
able. Marriage. which involves chill.
dren. would interfere with such a ca
reer, so she had decided to forego mar.
rage"
The judge did not ask Effle IL this
was her or her sisters decision, but
he looked at her, their eyes met. and
they understood each other.
"The law" he said, recognizes an
engagement as contract. 1t Is Ger.
tainly an agreement to make a con.
tract, and, although it comes under diff,
ferent laws from marriage, it still in.
wolves obligations. Suit may be brought
by either man or woman for breach of
promise to marry. l shall expect you
to show cause why l, having received
your sisters promise to marry me,
should not enter suit for damages"
"1n the first place, law covering
breach of promise is intended for the
protection Of weak woman against the
villainy of man. In the second place,
you have not been damaged by my
client. Consequently there can be no
decision in your favor"
L i have been eight years in the law
two of which have been spent on the
bench, and this is the first time have
heard a lawyer decide case for plain
tiff and defendant, judge and jury. be
fore trial. You have defined the intent
Of the law, which Is admissible, but
do not admit your Interpretation. Yor
have decided for judge and jury thai
your client woul9 not be compelled t,
pay damages. which Is not within you
province as lawyer"
"Will you kindly inform me-" re
Joined Margaret, wherein my sister
has injured you by promising to marry
you and subsequently deciding that sh,
would not keep her promise?"
This being merely a hearing an(
not trial. | am not required to Civ,
you such information"
Margaret was fast losing her tenn
per. The judge maintained his seri
BUSINESS toward her. though when sht
turned away for moment he winkeC
at her client and received smile il
return.
Nevertheless" snapped Margaret
AS gentleman. in Difference to tina
chivalry due to women
"Since woman interrupted tn
judge, lis assuming the rights of mel
there is no further need for chivalry.
II don't mean that Ellie will be a
all beholden to you If you release he
from her engagement. The more foo
she for having made such an engage
ment merely mention your duty il
the matter Incidentally"
The judge looked at the ceiling as /
for inspiration.
II think" he said. that this cas-
i should be settled out of court"
"You mean that you will act direct
" with my sister and keep her unde
your thumb"
mo; the case may proceed RICH
here, where you have free access t
your client. Effie. do ou wish to b
released from your engagement
mo, dear Judge"
Atherton smiled. Margaret locke,