WOMEN AND THE LAW.

Press, Volume LXVI, Issue 19971, 4 July 1930, Page 2

WOMEN AND THE LAW.

WIFE SUES HUSBAND. STRANGE LAW CASE. (nou OT7B OWW COBRBSPOKDIHT.) LONDON, May 30. A strange legal case heard in London last week provided Mr Justice McCardie and counsel with an opportunity of making reflections upon the law as it affected women to-day. The case was one referred from Leeds Assizes, in which Miss Esther Gottliffe sued Dr. Harry Edelston, of Wakefield, for damages received in a motor-car accident before their marriage. Miss Gottliffe was in the doctor's car when an accident occurred, and she lost an eve. At the trial at the Assizes a submission was made, for the defence, that the action was barred by the Married Women's Property Act, and that the wife could not sue her husband. The parties, he said, were happily married, and the question in dispute was a claim against the insurance company. One of Mr Justice McCardie's remarks was: "The curious thing is that the Legislature has removed nearly all the disabilities of the wife, and has left those of the husband, so that the wife is now much better off than the husband. The Legislature has succeeded in establishing not only the equality, but the super-equality of woman. Man is on the edge of an abyss."

Husband and Wife. Mr A. S. Diamond, for the wife, had argued that it was no longer true to say that husband and wife were one in law. Mr Justice McCardie observed during the discussion that marriage was an agreement to live together, and there was no merger physically, mentally, or spiritually. "Even the temperaments of people," said the Judge, "do not change on marriage, and so far as my own notice of married life goes I see few instances to support the theory of a spiritual unity." Subsequently the Judge asked: Is it unseemly for a wife to sue her husband ? Mr Diamond: I should not have thought in these days that any pecuniary matter, either of debt or damages, onght to affect conjugal felicity in any way. There are all kinds of proceedings relating to money matters which she can bring against him. Litigation Embittering. Another comment of the Judge was. "Otdinary civil law —common law on this relation of husband and wife—is absolutely chaotic at the present time. The Married Women's Property Act of 1882, which was said to be thq Charter of Married Women, is one of the most obscure pieces of legislation that was ever framed. It seems incredible that this point which we are now discussing could arise for decision at the present time." .. .

Alluding to ordinary cases of litigation between husband and wife, Mr Justice McCardie asked: Have you over known such a case in which bitterness between them was not greater after the Court proceedings? "I have known thousands of cases between marrtied people, but I have never known ©no which did not 'make bitterness between them greater. Litigation between man and man is different. Litigation between' man and woman, particularly if they be husband and wife, h embittering to the last degree." Bays of Chastisement. Mr Diamond later quoted from Blackstone the words: "So great a favourite is the female sex of the laws of England." That, he remarked, was written a good martr years ago. Mr Justice McCardfcs: If the female sex was the favourite of the law in the middle of the eighteenth century, it seems to be a still greater favourite to-day. Those were th*> days of chastisement which now seem to'be gone for ever. It was in those days of chastisement that England la*i the foundations of her greatness. Judgment was reserved.

AMBULANCE BRIGADE BfURSING DIVISION.

The Division held its weekly meeting each Monday in June at t\e Brigade room. Again the month's work was one of great interest for all members. The Division surgeon devoted an evening to a talk on rheumatism, infantile convulsions, and diphtheria, afterwards answering many questions put by the members. The second evening was devoted to first aid practiceand questions by members themselves. At the third meeting, Miss a missionary on leave from China, and a one-time member of the Christchurch Nursing Division, related some of her experiences in China, and said she hoped to spend another evening with members before returning to China. At the half-yearly inspection, on June 23rd, Colonel Dawson and Mrs Bishop complimented the Division on their work and neat appearance on parade. The last evening of the month, another former member of the Division. Miss England, gave a very instructive talk on every-dav ailments, boils, etc. Her address was followed with keen interest. Public duty was undertaken by various members throughout the month, and members also acted as demonstrators at Little River, Papanui, and the Teachers' Training College, Christchurch.

ST. SAVIOUR'S MARKET. A well attended and enthusiastic meeting of Btall-holders and others interested in St. Saviour's Market was held at Church House yesterday afternoon, Mr H. G. Livingstone presiding. Encouraging offers of help from outside parishes were reported. Leeston and Southbridge had undertaken the stocking and staffing of the produce stall on one day, Malvern district on the second day, and the Oxford district promised assistance, though it could not undertake the entire responsibility of a stall. St. John's Guilcl, Cheviot, wrote, promising gifts for the work stall. It was decided that the market be held in the seoond week of October, and that Mrs J. O. L. Vernon, Mrs E. J. Cordner, and Messrs Crawford and Livingstone be appointed an executive committee, while Mrs Stanley Gibbs, Mr H. Holderness. and the Rev. H. 0. Hanby were elected a propaganda committee. Stall-holders reported satisfactory progress since the last meeting, and outlined plans for future activities. Mr Livingstone said that the committee would be pleased to hear of others willing to help the cause of St. Saviour's Orphanages.

REG. STILLWELL'S ASSEMBLY.

The usual Assembly Dance will azain be held to-morrow night at the Caler donian Hall. Music for old and new dances will be provided by Jackson's and Bradford's bands. The gallery will be open to spectators to see this Carnival Dance.