The Nezperce herald. (Nezperce, Idaho) 1900-1957, 1916-11-09
SETTLED OUT
OF COURT
By BARBARA PHuPPs

Ueeu ennOWeu Win JUDICIAL uOhOFe
accepted him. aud all went well be
tween them until Miss Howland's elder
sister Margaret. interfered. Margaret
had recently been graduated from a
law school and WIS an active worker
Ia the cause OF woman's advancement
She was as aggressive as Fife was re
firing Being one Of those persons
who would make all persons like them
selves. she endeaYored 70 persuade her
sister that she should give up mafIf.
mOny for profession. After exhaust
ing argument she turned 10 acting for
Ehie on her own account She wrote
Judge Atberton 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 dt the case. but she
preferred to be considered her sisters
attorney.
Margaret was somewhat taken back
by a reply from the judge stating that
be would hear fhe 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 attalnmenfs. would have gladly
prepared herself for the coming tussle
ehieh she expected would he fought
out Ia legal I,aflance but she had no
idea what ground Judge Afherton
would take Consequently she went
with her sister 20 the judges Office
room AZ The hour appointed. Obliged 10
rely on her general legal knowledge
and her wis. As the two ladies' enter
cd be rose and motioned them TO
chairs. then seated himself behind his
mahogany desk
Il understand. he said 70 Margaret
that your sister. having made an
agreement 70 enter into contract Of
mnrriage with me. now desires 10
break the agreement. I think I am
entitled 70 know the grounds on which
she proposes TO take such aciion.r
Ellie Margaret replied. has re-
considered the matter Of a career and
has decided that q profession Is desir-
able Marriage which involves chill
dnen. would Interfere with such a ca
reer. 20 she had decided 10 forego mar
rage
The Judge did not ask Eliie n this
NAs her OF her sisters decision. but
be looked az her their eyes met. and
they understood each other
The law. he said. recognizes an
engagement rs a contract. II Is GER
iainly an agreement 10 make a con-
tract. aud. although i comes under diff
ferent laws from marriage. Il still 10.
wolves obligations Suit may be brought
b. 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 nor enter suit FOR damages
Ia the iirsi place. a law covering
breach ~ promise s. 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 he no
ueclSion ~ Your FAVOR.
n have been eight years IN the law.
two d which have been spent on the
bench, and this Is the first time have
heard a lawyer decide case Cor plain.
tin and defendant. Judge aud jury. be-
fore trial Nou have defined the intent
OF the law. which Is admissible, but l
DO not admit your Interpretation. You
have decided FOR Judge and jury that
YOUR client would not he compelled 70
pay damages. which Is not within yonr
province rs a lawyer"
will you kindly inform me- re-
joined Margaret wherein my sister
has injured you by promising to marry
yon aud subsequently deciding that she
would not keep her promiseT'
'This being merely hearing and
not a trial. am not required to give
SOU such Information"
Margaret was fast losing her tenn
per The judge maintained his seri-
BUSINESS toward her, though when she
turned away for a moment he winked |
at her client and received a smile IN
return.
ANtf NAAutttret rNAiiNN 1idt talCAf Il
AS gentleman. 81 Difference to that
cltivalry due 70 women
'.Slnce woman. interrupted the
judge. SIS assuming the rights OF men
there Is no further need Tor chivalry."
II don't mean that Ellie viii be at
an behoidcn TO you II you release her
from her engagement. The more fool
she Tor having made such an engage.
ment. l merely mention your duty In
the matter Incidentally
The judge looked az the ceiling a. n
FOR inspiration
Il think. he said. that this case
should be settled out OF court"
You mean that you will act direct
" with my sister and keep her under
your thumb"
No; the case may proceed right
here. where you have free access 70
your client Ellie, do you wish to be
released from your engagement
mo. dear Judge"
Atharton smiled. Margaret looked