ETHICS Of MATRIMONY

Hokitika Guardian, 8 June 1920, Page 3

ETHICS Of MATRIMONY

A PERIL TO THE, STATE. ; LONDON, March 25. During the hearing of an action for breach of .promise, Mr Justice Darling made a Remarkable pronouncement on unfit marriages, anc| what he said should receive the attention of all interested in [.social‘roforrn. N The case, was onb in which an exsoldier defendant pleaded that, owing to the effect of a wound, he was unfit to marry, and the Judge-agreed with the defence, awarding one farthing damages,, without costs. He declared that it should be an implied term when a couple proposed to marry that they should he able to do so without danger to their lives, or oft having idiot children. *

i “A great many People now,” said the Judge, “regard rfiirriage. as a mere trifle and bigamy A only'a little more serious, fdp yjew. Mar- ■ riage in tips still normally for tlie lives t\Vo'parties. f)f course, I knou&tjftj isrnot always the case, bei-aiisipjftT tjl existence of another partmejnt mVtliis* \building—-(laught'er)-A'nnd ertV\ contraef for a year is a.sf it p good for. (Laughlev.;) .however that piay (it;,,marriage.is/a very sfepus undertaking, and ev<jn 'if Jaw is altered it i wjlj remain* a serious'undertaking, bc- , cause it generally j'Asults'in the birth j o| children, do what the law will. “ These children ought to be. conI fiidered by the law and bv the State, even . befjire they are horn.” A marriage of this kind would probnb’y result in the bjrth of children who w*pui(j he practioaljy uspless and a hjirden upon the Sfapi. if the plaintiff hail been n sensible woman, sbe would have, said the ‘ young man decided upon the l)Est> thing j in refusing to marry, because if she had married him her life would have been a J continual misery. He .continued tkb Judge) did not find that marriage would have endangered the defendant’s jife", | buf be thouglit his children wpuld have* been ;vretc:hed and possibly, *as time went by a danger, to the State,. “. Day by day, ! ’ continued Mr Justice Darling, ‘‘ imp sees this sort of thing. Directly they commit a crime the nature of their parents is immediately laid hp- • fore the jury, and the jury are aslfed to say they are pot responsible, fpr their actions. If of this kiigl qua to be encouraged, *1 cannot help fhipKing there will he more qf these people than there are npw, and already, in my ' judgment, there are .quite enough.” I He did not find that the defendant I was sufficiently ill to justify his refusal ' to marry, nor did ho think the plaintiff 'agreed t« release hjm from performing j hfs prpmi.se to marry, Therefore, lie , had to consider what damage tU'e plain- | tiff laid suffered, The defendant was not a man who had made A fortune out of the war, A|l he got out of it was rto be wounded in all parts pf hi.s hotly, ant] ho had for two and a half years been in Hospital aftef hospital, Therefore the conclusion t'.ie Judge came to ' | was that the plaintiff had lost nothing . .of any value at. all, and that she was j very well out of it, ”1 do not think” hi,s Lordship said, •• that it was to this woman’s private ■ advantage, nor to th<> public advantage, I that this action should have’ been brought, and I think that, in the public interest, such actions ought, to he "dis-

couraged.” During tfi.e hear jug of. the case cqupsel for the dpfeiice contended thitf his client was justified in refusing tp jpapry by grnid sepsp,, ’ good Iqw, apd gqqil piorajs. Cqupspl for the pjaipti(F-‘replied that it,mighf as welj bp argued that a highlystrung poet should lie deprived of marriage,. because he might pass on hfs nervous temperament to his children. (Laughter),. The Jpidge: Dp popfs beget poets.? 1 ()La lighter). Counsel: 1 do not know that. But they might pass on a highly-strung

disposition. ! Th,o Judge: I suppose a good poet begets a worse poet, and he begts still a worse ope, until at last, in the sixth degree, you get- the .modern poet. (Laughter), Mr Warren (for the plaintiff) said it might also be said that a conscientious objector should not be allowed to marry, because be would create conscientious

objectors, ■*' ‘ The Judge.: If applied to polities T should think it would be said tlolt nobody ought to .marry who did ir:t belong to the Coalition. (Laughter). Mr Warren: That I should assent to as it. would'lead to propagation of a race of immoral people. (Laugliter).