The Indianapolis times. [volume] (Indianapolis [Ind.]) 1922-1965, 1934-11-21
Liberal Viewpoint

OF all the examples of social lag in our civili-
~ cation. none is more striking than those
related to the patrarchal theory of the property
rights OF the husband in his wife. In our day,
this has led to the development. among other
things Of a veritable alienation of affections
racket
This patriarchal doctrine IS in operation today
in every state in the union except Louisiana:
THE right of property Of one spouse in the
other is being constantly reiterated by the
courts It is in fact, the basis of every suit
for alienation of affections. wife still is con-
sidered a piece of movable goods, and the per-
son who entices be. away from the garden patch
is answerabe TO the husband in money"
The whole fatter is discussed in a very in
forming and diverting article by Anthony M.
Turano on the Racket of Stolen Love" in the
American Mercury. AS Mr.. Turano points out,
in our legal theory the wife is assumed to have
! less independence personal volition and will
power than a stray animal.
There is legal difference between the alien
alton of a wife and a simple case of cattle
rustling An ordinary horse thief may plead
that the mare strayed away of her own volition,
IN search of the greener pastures Of the covetous
neighbor But no such defense can be urged by
the man who appropriates cnattel from the
kitchen.
ut is judicially assumed, under this musty
theory of marriage as property, that all welded
women are, ipso facto, imbeciles whose wills are
paralyzed Immediately by the first Romeo who
strums guitar under the family balcony"
/
TINE most important change IN the law IN
i recent years has been to bring husbands
also within the proprietary conception OF amor
osity and marriage 1T is now agreed. IN most
Jurisdictions that a devoted husband may be,
no less than his mate 'enticed, seduced, tempted,
lured, melted, persuaded and turned into so
much malleable putty in the hands OF Schem-
ing Delilah."
This racket goes to unbelievable length. In
New Jersey case wife first sued her husband
for a divorce receiving in return for his fading
affections $3.50 worth of real estate, $4,000
in cash and an alimony allowance Of $4,000
year. Next she turned upon the enchantress
who had lured her husband away She was al
lowed a Judgment of $4,000 against the siren.
The supreme court of the state upheld her rlght
to collect in both proceedings.
This racket goes so far as to involve not mere
" the benefciaries in the new amorous setup
but even relatives who may have been guilty OF
bad judgment in taking sides in matrimonial
dispute. In a Delaware case, mother-in-law
was directed by the court to pay $4,000 IN dam
ages Tor taking the side of her son in con-
iugal dispute In a Montana case, mother-in-
law was assessed $4,000 in a similar situation
even though it was shown that she had at
tempted to prevail upon her son not to obtain a
divorce.
THE courts often allow damages even when
! i it is shown that one of the complaining
parties is notoriousIy immoral In an Illinois
case, a husband collected $1,000 per head on
successive adulteries of his wife. AS Mr. Turano
points out:
ct follows that an unusually eloquent wife
may converse criminally with all members of
the state militia, and that the husband can de-
mand payment presumably as much as $1,000
from every successive poacher on his legal pre-
serves"
The absurdities of the whole matter are sum-
married. admirably by Mr.. Turano:
ut appears that human devotion is no less
measurable than so much corn in domestic
silo. The jury first must compute the original
tonnage, then deduct the portion that has flown
away through natural causes, and finally charge
the thief, in money. for the exact fraction that
he appropriated"
A sane view of this whole problem has been
we'll stated by the Louisiana supreme court. In
this state the law is based upon the old Roman
| jurisprudence which furnishes the model for
continental Europe. Here mo such judicial
shake downs are possible:
"a law that would allow the husband COM
pensation in money for such a wrong, would
be revolving to majority of men, and might
tend more to encourage blackmal than to pro-
tect the home"