The Washington times., 1922-09-09
FIGHTING FOR
HOME 5 IDEALS,
SAYS T|ERNAN
Faculty Man Who Accuses
Another as Parent Of Child
Makes Statement.
| tcopyrisht, 1s2s, by Cosmopolitan News
ServiceD

tcopyrisht, Is2s. by Cosmopolitan News
SOUTH BEND, Ind, Sept. o.
"The right Of every husband and
Of every father to the purity OF
his home, to the integrity of his
name and the descent Of his for
tune, his fame or his reputation
has for centuries been rnenaced
by a legal presumption which has
been held of more Importance
than truth. l propose to test the
boast of our legal system that
there is a remedy for every wrong
by pressing the unusual criminal
charge AGAINST the destroyer OF
my home"
Statement OF Husband.
This was the statement today OF
Prof. ]. A. Tiernan, teacher OF
criminal law In Notre Dame Uni.
versity, who caused the arrest OF
Harry Poulin, clothing merchant, on
q charge Of being the father OF a
child born to Mrs. Tiernah.
Other husbands have taken re.
course to personal vengeance, a
course which Prof. Tiernan says he
abhors as matter OF principle.
Some have tried to obtain redress In
civil actions but in such cases the
husbands have been blocked by the
presumption of the law which Is con
elusive as to the legitimacy or chill
dren born in wedlock unless the hus'
bank proves beyond all doubt that
he could have had no contugal rela'
tons with his wife. -
1t is this theory and presumption
Of law which Prof. Tiernan chal'
lenges when he asserts that the
truth and facts must be greater
than mere legal fictions and that In
making the fight, he Is battling for
the very fundamentals Of present
civilization.
Confession OF Wife.
Let Prof. Tiernan explain:
when a husband has placed be-
fore him the confession Of his wife
that she has been unfaithful to her
married vows, there the result OF
her betrayal is the introduction OF
spurious offspring into his family.
when he knows by positive knowl'
edge that he is not its father. the
law still presumes him to be the
father II he cannot show. not that
he Is not the father, but that he
could not have been the father.
at is sufficient to throw upon
him the burden of responsibility for
a child not his own II he has been
In the same house with his wife or
until he proves that he has been alb
sent at wars or in travel for nine
months.
THE integrity OF the family is the
foundation OF all our society. Men
struggle to build up fortunes not for
the pleasure Of spending them. but
that they may be handed down to
their children. They sacrifice for
fame In order that it's elamor may
be reflected in their children's bet
ter condition in life. They battle
for regulations that may be the
heritage Of their offspring.
UNLESS that right Is assured. the
very motive power by which all
progress Is produced, the primary
cause OF every fine ambition, is de.
stroyed. Spurious offspring may be
introduced into the family, and men
are limited to the poor remedy Of
legal separation. or civil damages
for wrongs, but the child of another
inherits the results of the toll and
struggle and ambition.
In my particular case I had lived
In the same house with my wife dur,
ing the period when she confesses to
the intimacy with Poulin, which re,
suited in this child being born into
the world. But the old legal pre-,
sumption, more powerful than truth
and the facts, would prevent me from
disowning II. not because I am its
father. but because the law presumes
that ] might have been It's father
because my wife and resided under
the same roof.
Cites StiIlman Case.
"rt was presumption which was
raised against Stillman when he tried
TO disown parentage. II has bcen
held UP against the appeals Of other
husbands who have stood for the
purity Of their family descent ard
have tried to disown the spurious off
spring introduced into their families
THE same law which created this
presumption, the old common Law
Is also firm In it's boast that there Ia
remedy for every wrong. The only
positive remedy for such q wrong In
a case such as mine Is a judicial de
termination Of the guilt of the father
Of this child In bringing a child into
the world out of wedlock, which IL
the reason for the rather mild
charge made in this case. As .one
Az the old presumption stands "a,
greater than positive evidence Gnt
confession of one of the guilty par
ties, the family Of no man is safe
from the infideltities of a weak and
tempted wife.
IL believe that in making this tlsht
I am battling for the present socia
system and the whole social order
No presumption Of law can be greater
than fact. No legal conclusion car