The Washington times., 1934-01-27

who has failed TO keep his wife from writing
mash-notes to the latest football hero or rum
ming away with the ice-man, should seek cash
compensation for his own failure to hold her at
tention on himself
AS to the central legal concept Of "aliena-
tion," many wise authorities who look at life as
well as law have boldly asked: "CAN LOVE BE
STOLEN?" Does the vampire" who comes into
perfectly good homes and allureS faithful and
loving couples into sudden explosions of sin really
exist outside of an 0utworn fashion in screen
melodrama? Are the frequent awards exacted
by juries from parents-in-law who are accused
Of breaking up their children's marriages invar-
iably just and true, or are they colored to some
extent by the old, old mother-in-law Joke?
A couple quarreIs for years, then splits-and
the latest in long series of potential correspond
ents becomes the goat in an alienation suit. An
old sweetheart comes back into q woman's life
and has to pay for stealing her love, although
in point of fact he had it first.
A home that has had every hidden fault and
secret meannesS in the calendar splits up, and
one Or the other OF the defauting couple comes
y into court points out some particular rela-
tive or scapegoat, and says: "There Is the
2' sole person to blame!"
The sober fact is, in mighty few of these
cases does the court find out, or the jury
care, whether the home that it is the laws pur-
pose to protect from invasion, was genuine home
was the sort of home that could be regarded
And there's more than little indication that
American courts and juries have grown mighty
careless about deciding even the question Of
whether the invasion actually occurred!
IN ONE case on this page, both the husband
acquaintance hadn't ripened until . good two
years after the husband and his wife had been
separated. In Los Angeles case, wife was
awarded damages from an actress. though it was
- ll~Al
divorce before he met the actress, and that the
actress hadn't at first realized the man was
married.
Although a California society woman was
shown to have written ''Piggie- -Wiggie" notes to
truck-driver, she sued her parents-n-law for
alienation Of her husbands affections. And ~@a
although each Of the successive wives Of Q ~
Louisville prosecuting attorney declared
the other had invaded her marriage,
the Judge decided that NEITHER had
alienated his affections from the
other, leaving the jury to settle
the matter on a related "crim-
inal conversation" charge.
Although the relations of a#
stage folk are often not
just what you'd call #g.
the Foundation Of
society" you'll find
showgirls claiming
the same protection for their traditionally tenn
porary marital alliances that the law would ac-
cord to an old-fashioned wife with ten children
and her elbows in the washtub.
All of which is not to say that there are not
perfectly legitimate cases. Nor Is the law any
thing but extremely wise in setting out to protect
the home from destruction. The farce enters
principally because judges and juries blind their
own eyes with weepy sympathy, make superficial
decisions and snap-judgments, and do not probe
clear through to the complete facts.
How scrupulous the British courts are, by
contrast to the American it is interesting to note
Suits for alienation of affectionS-they call it
"enticement"- are extremely rare in England.
This is simply because, if you accuse person of
enticing your spouse away. you have to prove
Just that