The Lakeland evening telegram. (Lakeland, Fla.) 1911-1922, 1916-10-25
SETTLED OUT
OF COURT
BY BARBARA PHIPPS

Ellie Howslnd, retiring young lady
of eighteen, having been courted by
Judge Atherton, who at thirty had
been endowed with judicial honors
accepted him. and all went we'll be-
tween them until Miss Howlands 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 her
sister that she should give up matri-
mony for profession. After exhaust
ing argument she turned to acting for
Effie 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
4 = 4
attorney
Margaret was somewhat taken back
by reply from the Judge stating that
he would hear the case the next after
noon in room II. 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 he fought
out in legal parancc, but she had no
, idea what ground Judge Athcrton
would take. Consequently she went
| with her sister to the judges office
, room ut the hour appointed, obliged to
t rely on her general legal knowledge
and her wits. AS the two ladies enter
= ed he rose and motoned them to
5 chairs, then seated himself behind his
l. mahogany desk.
t IL understand" he said to Margaret.
that your sister, having made an
t. agreement to enter into contract of
n marriage with me, now desires to
break the agreement. | think l am
;. entitled to know the grounds on which
s she proposes to take such action"
, "Etc" Margaret replied, "has re
v considered the matter Of a career and
v has decided that profession is desir-
able Marriage, which involves chill
4 dren. would interfere with such a ca
10 reer, so she had decided to forego mar,
o. riage.'
e The Judge did not ask Ellie If this
lie was her or her sisters decision, but
r. he looked mt her, their eyes met, and
IT they understood each other
" ''The law" he said, recognizes an
Of engagement as contract. 1t Is GER
tainly an agreement to make con
rs tract and, although it comes under diff
H. fercnt laws from marriage, it still In
es wolves obligations. Suit may be brought
as bv either man or woman for breach OF
k promise to marry. | shall expect you
in to show cause why |, having received
he YOUR sisters promise to marry me
CO should not enter suit for damages"
nd "In the first place, n law GOVERN:
ID. breach of promise is intended for thu
m yillainy of man. In the second place
at you have not been damaged by N,
ar client. Consequently there can be n
nd decision in your favor"
an Il have been eight years in the law
two of which have been spent on til
wv bench, and this Is the first time haV
.re heard a lawyer decide n case for plain
tiff and defendant, judge and jury, be
fore trial You have defined the inten
Ter of the law, which is admissible, but
Isl. do not admit your Interpretation. 70
m have decided for judge and jury tina
no your client would not be compelled
r,v nav damages which Is not within you
tn province as a lawyer
or. "WiIl You kindly inform me- r.
,sb Joined Margaret, wherein my sist'
oIf has injured you by promising to MARI
you ana subsequently deciding that 81
nm would not keep her PROMISE
,dv This being merely hearing al
of not trial. ] am not required to glN
ont You such Information
bo Margaret was fast losing her tel
tho per The Judge maintained his SCI
BUSINESS toward her though when 81
dor turned away for Il moment he wlnk'
md at herr client and received smile
Itch return.
file "Nevcrtholess snapped MarSart
He .as a gentleman, in Difference to th
do chival?y due to women
roc "Since woman, interrupted t
no Judge, sis assuming the rights OF M
sat there is no further need for chivalry
,wn II don't mean that Ellie will be
all behohlcn to you if you release h
sh's from her engagement. The more &c
list she for having made such an enGal
was mcnt. | merely mention your duty
ain the matter incidentally"
ROO The Judge looked at the ceiling as
no. for inspiration.
lete thlhk' NC s"iu'
should be settled out of court.
ndv You mean that you viii act dirc
I,no IL with nv sister and keep her und
mo your thumb"
az. tbo paSp may proceed rle