The Lakeland evening telegram. (Lakeland, Fla.) 1911-1922, 1916-11-04
SETTLED OUT
OF COURT
BY BARBARA PHIPPS

~ ~ASHeSNis ho'AuS OCCh NOultCu
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 Efie 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
Enae 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 at the case, but she
preferred to be considered her sisters
attorney.
Margaret was somewhat taken back
by reply from the judge stating that
he would hear the case the next after
noon in room As, superior court build
ing. After thinking the matter over
she concluded to accept the judges
challenge.
Margaret. who was very proud Of her
legal attainments, 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 his
mahogany desk.
II understand" he said to Margaret.
that your sister. having made al
agreement to enter into q contract of
marriage with me, now desires to
break the agreement. I think I am
entitled to know the grounds on which
she proposes to take such action"
"Efie," Margaret replied, has re-
considered the matter Of a career and
has decided that a profession is desir.
able. Marriage, which involves chill
dren, would interfere with such a ca
reer, so she had decided to forego mar
riage."
The judge did not ask Effie II 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 q contract. 1t Is GER
tainly an agreement to make 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. | shall expect you
to show cause why |, having received
your sisters promise to marry me,
should not enter suit for damages"
I'm 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 nv
client. Consequently there can be no
decision in your favor"
Il have been eight years in the law.
two of which have been spent on the
bench, and this Is the first time have
heard 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. You
have decided for judge and jury that
your client would not be compelled TO
pay damages, which is not within YOUR
province as lawyer"
"Will you kindly inform me-" re-
Joined Margaret, wherein nv sister
mas injured you by promising to marry /,
you and subsequently deciding that she !
would not keep her promise?"
This being merely hearing and
not trial. am not required to give
you such information"
Margaret was fast losing her fem |
per The judge maintained his seri-
BUSINESS toward her. though when she ,
turned away for moment he winked |
at her client and received smile In /
return
Nevertheless snapped Margaret.
as gentleman, in Difference to that
chivalry due to women
Since woman interrupted the !
Judge, us assuming the rights of men
there Is no further need for chivalry." |
Il don't mean that Ellie will be at |
all beholden to you If you release her
from her engagement. The more fool |
she for having made such an engage
ment. | merely mention your duty in
the matter incidentally"
The judge looked at the ceiling as If |
for inspiration.
L think" he said, that this case
should be settled out of court"
You mean that you will act direct
ly with my sister and keep her under
your thumb"
NO; the case may proceed right
here. where You have free access TO
your client. Effie, do you wish to be
released from your engagement"
NO, dear Judge"
Anterior smiled. Margaret looked
at her sister in scornful contempt.
THE case is closed" said tho iudoa