Evening journal., 1918-06-22
important ruling
ON DAMAGE CLAIM
Common Law Wife Not En-.
titled to Compensation,
Board Says
CHILDREN LOSE, TOO,
MAJORITY DECIDES

The Idustrial Accident Board has just
announced an important construction
OF the Delaware workmen's cOmpensa-
tion board, II being to the effect that
common-law wife is not entitled TO
damages for her common-law husbands
death, and also that children born to
the couple are not entitled TO compen-
sation under that law
This opinion is shared in by Sylvester
d. Townsend. Jr., and Volley " Muir
ray two members OF the board. Hsrr,
L. Mayer. OF Dover, the third member
dissents from the majority opinion, he
holding that the children are entitled TO
compensation under the Delaware stat
utes.
The opinion was handed down In the
case OF John Muleskle, an employe or
the Pusey & Jones Company, who, or
April %, 1918, was injured In an acci-
dent at the plant and died the same day.
His wages had been In excess OF go a
day. Annie Muleski lwhose right name
is Annie Penscofsky) was the mother OF
the children, Veronica and Frank, Mu-
leskl, her commOn-law husbanc, being
their father. Muleski and the woman
came here from Baltimore In the fall
OF 1914, when they first began to live
together as cOmmOn-law man and Wle
, One OF the children was born June p
1915. and the other November 4, 1871
, On December i3. 1916. having agreed to
enter into a ceremonial marriage,
. marriage license was procured, but the
marriage ceremony was never per
{ formed.
In the course Of their opinion. which
covers about seventeen typewriter
r legal pages, Mr.. Townsend and Mr.. Muir
ray say:
Z I'VE are clearly OF the opinion tha
I the Delaware statute was intended t'
E jrevent the entering into the marriage
. relation within this State otherwise
) than by one Of the methods or formi
. therein specified. Furthermore, we arr
( satisfied from an examination OF tn
}. Ireported cases in this State that the va
70 llidity OF commOn-law marriages entere'
?. into within this State has never beel
2 recognized by our courts"
/. After discussing the status OF tn
= Mulesh children at length, the opinlo
d says:
T, "The Delaware Act does not use IN
J. words members OF decendants iamll!
l. or lineal descendants or words suscep'
y ible OF such liberal construction. bt
y uses the words child and children
n and in no state do we find that u
+ words child or children have bee
> construed 10 mean illegitimate child
r children. but we do ind cases whel
Illegltimates have been excluded.
K, Furthermore. there Is undisput
authority. including a decision in o.
Z state that the words child and chi
dren.' when used IN a statute, met
d Legitimate child or children unle
IS, some other provision in the statu
n, shows a contrary Intention
y. In conclusion the majority opini'
IN says: n.
"a, For the reasons above set forth,
u, majority OF the board are Of the OBJ
* ion that these children are no mo
IT, dependents within the spirit Of the a
n, than is Annie Muleski. and that u
d.. terms OF the Act should be no mo
ne extended in their behalf than in Il
o. behalf Of the woman who, from al
ry pearances and from all the eVldenc
m was as faithful in discharglng U
n, duties Of a wife as though actud
married. Not only had she perform
an these duties since she was tril
over II years OF age. but 1t also a
pears that she Is now only aDo
twenty-One years Of age, and IS unan
q TO speak the English language. Uno
~ the circumstances, we are free 10 auiI
that we have endcavOred to see o
way clear TO bring either her or 1
lci1ldren within the compensatory pr
a. visions Of the Act. We must take '
,os law as we find II with the hope N
20 further legislation vii permit isolai
'a meritorious cases Of this character
10 be properly dealt with
b, Mr.. Mayer in his dissenting cpini'
~ concurs with the majority as TO :
Z" claim Of the cOmmOn-law wife, but
believes the children are entitled
en- compensation. Mr. Mayer in one pl;
SIS in his opinion says:
"The statutes OF Delaware recogn
Iall the highest moral obligation Of
ne parents TO maintain their childr
legitimate and illegtimate, and tnfo
on, il not only by penalty but by cl
lrn obligation as well, for the last pa
rG- graph Of Revised Code OF Delawa
1915. Chapter 81. Paragraph 3O3i, Sc
, IS ti0n =, says. III IS ulduc llb uut4
frs. the parent Of any illegitimate child
children under the age Of sixteen,
al provide for the support and maint
on ance Of such illegtlmate child or CT
dren.'
Of III this statute imposes the d
for upon the father TO support his illeg
mate child the corelative riglt
ing given the child to demand 1t OF n
her and | submit he becomes civilly ia
,ine under this clause Of the statute
According to Mr. Townsends 81
.,D ment lt is the FIRST known cam
,,n. compensation case in the United tS'
TO come before any board or ca
-, whereby the question Of the rights
, ", a wife i'm a common law marriage
u'0 children have been decided. III
le. have been cases where it has come
nlns the attention Of the courts IN OF
nor ways but never as to the compeI
-, ton feature.
Domestics. cooks ana waitre
,,a., will flnd excellent positions al s
AdNR daily M