Justice Bayley says that "cohabitation is presumptive evidence
of the assent of the husband" to being bound by the wife's
contract for "necessaries" for herself and family, nothing
If a husband notifies a tradesman beforehand not to trust
his wife he will not be liable, unless he fail to provide for her
wants himself, then he would have to pay, notwithstanding
The husband is in honor bound to afford his wife such pro-
tection as he is able, defending her person against violence
and her name against reproach.
Love, Honor and Obey. By the marriage formula 1 the wife
about-to-be promises to love, honor and obey her husband.
Love can not be considered in the light of a duty. Love does
not flow from a sense of duty. Love is free. Love is un-
selfish. Love leaps with joy to the succor of its object while
Duty creeps on crutches. But while love is not a duty it is an
essential element to happiness in the marriage state. To in-
sure the best results, the happiest fruition in ripe old age of
the rosy dreams of youth it must be mutual. It has been said
that true love never dies; that "love is love forevermore."
But a one-sided, unrequited love grows weary and heart sick.
Many years of burning without any returning sentiment to
feed the consuming fire will dim the brightness of the flame
and cool the amorous ardor, and mayhap some non-affiliating
chemical in the laboratory of practical life will transform the
noble sentiment into its antipodal hate.
Woman's nature requires love it feeds and lives on love
and if husbands would remember this and "waste a little
time" each day in loving their wives they will find it the best
investment they can make. It will bring grand returns in the
form of a happy' home, where wife, cheerful and happy, de-
votes herself wholly, in thought and act, to husband's happi-
ness and welfare. Husbands, a kiss, a caress, a timely word
of encouragement and commendation, brings magnificent re-
turns. But let it come from the heart, true, unaffected. Then
wife is yours, devoted, true; her every act directed by the
thought, "Will this please him?" Each light-hearted, happy,
devoted to a single thought, the other, rosy cheeked children
come to bless and brighten this home where mutual love is
sovereign king. Happy and sunny, these two in one, each
devoted to, absorbed in the other, journey through life hand
in hand as one, enjoying all life's true pleasures, dividing all
its sorrows, and thus filling out to full, round completeness
the measure of Divine purpose towards man.
438 THE LAW OF BUSINESS.
Honor is another mutual duty. The wife should honor
the husband, the husband should honor the wife. The great-
est dishonor that either one can bring upon the other is to
violate the marriage vow of fidelity. But this question of
fidelity to the marriage vow is almost indissolubly connected
with the first element, love. When love wanes the sense of
honor grows weak.
It will avail nothing to lecture men and women upon the
importance of keeping inviolate the marriage vow. Nine-
tenths of all the marital woe flows from unfaithfulness. There
is a sentiment in the mind of man that will not brook an)-
dereliction of this kind on the part of his wife. With equal
right and justice does the wife revolt when the husband de-
parts from the line of chastity. Any sentiment in either that
looks lightly on or condones adultery in the other is abnormal
and shows a depraved mind. Husbands, do not thus dishonor
your wives. Wives, do not by your infidelity bring dishonor
and shame upon your husband and children.
The marriage form still contains the word "obey" for the
wife's obligation, although the meaning and use of the term
in modern marital relations is very different from what it
was in olden times. Then the word was taken and applied in
its literal sense. The husband commanded and the wife
obeyed. His authority extended to the application of all
necessary force to compel obedience. A husband could beat
his wife and she had no redress. It is different now as all
wife beaters soon learn. Still, technically, the husband is yet
the master of the house; he is the head of the family and in
the decision of questions where an agreement is impossible
his dictum would be law. But in well-regulated families there
is no such thing as commanding or obeying. Each conforms
to the wish of the other, now one yielding a point, now the
other. Love is again at the bottom, converting commands
into requests and rendering obedience a pleasure.
Object of Marriage. There are only two normal and nat-
ural objects of marriage : i. Lawful sexual intercourse without
encouraging licentiousness. 2. The propagation of the race,
or the begetting of offspring. In some individual marriages
there are other motives and objects, as the direction of an
estate or the union of two estates. When other considera-
tions than the two mentioned enter into a marriage they al-
most always relate in some way to property. These consid-
erations or motives are unnatural and should not be allowed
to govern against natural objections, such as w T ant of love and
respect, incompatibility of disposition, ill health and proba-
bility of begetting weak and sickly offspring. But if all the
natural elements to produce a happy and fortunate marriage
are present, the property considerations would fall into place
as very desirable collateral inducements.
Consummation of Marriage. The object of marriage, being
as above stated it follows that sexual intercourse is one of the
rights and duties of the married state. This is the consumma-
tion of marriage, although if man and wife live together in all
respects as husband and wife except this one act the marriage
will be considered consummated in law. The consummation of
the marriage is not necessary to render it valid. If the wife
refuse immediately upon marriage to perform the wifely duties
and even leave her husband it will not invalidate the marriage,
and the same is true of the husband. If, however, there is
some malformation of the sexual organs, rendering either one
physically incapable of performing the sexual function, this
would be sufficient ground for divorce in most States.
Divorce is the act of the State by which a legally contracted
marriage is dissolved. In our previous remarks considerable
has been said upon the subject of invalid marriages, void and
voidable marriages. We desire here to call attention to an
440 THE tAW OF BUSINESS.
important distinction: If the marriage is void or voidable the
decree so declaring is properly called a decree of nullity, al-
though the term divorce is frequently improperly applied.
When the marriage is valid and for reasons arising subse-
quently a legal separation takes place, the decree is called
There are two kinds of divorce: i. A vinculo matrimonii.
2. A mensa et thoro. The first is absolute divorce from the
bonds of matrimony and restores both to their former posi-
tions with privilege to remarry. The second is divorce from
bed and board and is only partial, placing the parties under
certain restrictions, the most important of which is that they
are not allowed to marry again. This is not considered good
policy in this country and very few States grant divorces a
mensa et thoro.
Divorces are again classified according to the authorities
by which they are granted into: i. Legislative. 2. Judicial.
A legislative divorce is one granted directly by act of the leg-
islature, or by a court under direct instructions from the legis-
lature. A judicial divorce is one granted by decree of court
in accordance with general statutory provisions. Nearly all
the divorces granted in this country are judicial.
The principal causes of divorces are adultery, cruelty, de-
sertion, habitual drunkenness, gross neglect of duty, refusing
to maintain being able, uniting with Shakers, conviction of
crime, absence unheard from, and a few others. The States
have all legislated on the subject except South Carolina, and
the statutes of each State lay down the causes which shall be
considered sufficient ground for divorce in that State when
proved. Following is a condensation of the laws of all the
States on the subject of divorce.
'Previous Residence Required. Dakota, ninety days; Cali-
fornia, Indiana, Idaho, Nebraska, Nevada, New Mexico, Texas
and Wyoming, six months; Alabama, Arizona, Arkansas, Col-
orado, Illinois, Iowa, Kansas, Kentucky, Maine, Mississippi,
Minnesota, Missouri, Montana, New Hampshire, Ohio, Oregon,
Pennsylvania, Rhode Island, Utah, Vermont (both parties as
husband and wife), West Virginia, Washington Territory and
Wisconsin, one year; Florida, Maryland, Michigan, North
Carolina and Tennessee, two years; Connecticut and Massa-
chusetts (if, when married, both parties were residents; other-
wise, five years), three years.
Causes for Divorce. The violation of the marriage vow is
cause for absolute divorce in all the States and Territories, ex-
cepting South Carolina, which has no divorce laws.
Physical inability is a cause in all the States except Cali-
fornia, Connecticut, Dakota, Idaho, Iowa, Louisiana, New
Mexico, New York, South Carolina, Texas and Vermont. In
most of these States it renders marriage voidable.
Wilful desertion, six months, in Arizona.
Wilful desertion, one year, in Arkansas, California, Colo-
rado, Dakota, Florida, Idaho, Kansas, Kentucky, Missouri,
Montana, Nevada, Oregon, Utah, Wisconsin, Washington Ter-
ritory and Wyoming.
Wilful desertion, two years, in Alabama, District of Colum-
bia, Illinois, Indiana, Iowa, Michigan, Mississippi, Nebraska,
Pennsylvania and Tennessee.
Wilful desertion, three years, in Connecticut, Delaware,
Georgia, Maine, Maryland, Massachusetts, Minnesota, New
Hampshire, New Jersey, Ohio, Texas, Vermont and West
Wilful desertion, five years, in Virginia and Rhode Island,
though the court may in the latter State decree a divorce for a
shorter period. ,
Habitual drunkenness, in all the States and Territories, ex-
cept Maryland, New Jersey, New York, North Carolina, Penn-
442 THE LAW OF BUSINESS.
sylvania, South Carolina, Texas, Vermont, Virginia and West
"Imprisonment for felony" or "conviction of felony" in
ali the States and Territories (with limitations), except Flor-
ida, Maine, Maryland, New Jersey, New Mexico, New York
and South Carolina.
"Cruel and abusive treatment," "intolerable cruelty," "ex-
treme cruelty," "repeated cruelty," or "inhuman treatment,"
in all the States and Territories, except New Jersey, New
York, North Carolina, South Carolina, Virginia and West
Failure by the husband to provide, six months in Arizona;
one year in California, Colorado, Dakota, Nevada and Wyom-
ing; two years in Indiana and Idaho; no time specified in
Idaho, Massachusetts, Michigan, Maine, Nebraska, New Mex-
ico, Rhode Island, Vermont and Wisconsin; wilful neglect for
three years, in Delaware.
Fraud and fraudulent contract in Arizona, Connecticut,
Georgia, Idaho, Kansas, Kentucky, Ohio, Pennsylvania and
Absence without being heard from, three years in New
Hampshire ; seven years in Connecticut and Vermont ; separa-
tion, five years in Kentucky; voluntary separation, five years
in Wisconsin and Kentucky. When reasonably presumed
dead by the court, in Rhode Island.
"Ungovernable temper," in Kentucky; "habitual indul-
gence in violent and ungovernable temper," in Florida; "cruel
treatment, outrages or excesses as to render their living
together insupportable," in Arkansas, Kentucky, Louisiana,
Missouri, Tennessee and Texas; "indignities as render life
burdensome," in Missouri, Oregon, Pennsylvania, Tennessee,
Washington Territory and Wyoming. Attempt to murder
the other party, in Illinois and Tennessee.
Other causes in different States are as follows: "Husband
notoriously immoral before marriage, unknown to wife," in
West Virginia; "fugitive from justice," in Virginia; "gross
misbehavior or wickedness," in Rhode Island; "any gross
neglect of duty," in Kansas and Ohio; "attempt on life," in
Illinois; "refusal of wife to remove into the State," in Ten-
nessee; " mental incapacity at time of marriage," in Georgia;
"three years with any religious society that believes the mar-
riage relation unlawful," in Massachusetts; "joining any relig-
ious sect that believes marriage unlawful, and refusing to co-
habit six months," in New Hampshire; "parties can not live
in peace and union," in Utah; "settled aversion which tends
to permanently destroy all peace and happiness," in Ken-
tucky; "insanity for five years," in Wisconsin, and for ten
years in Washington Territory; "vagrancy of the husband,"
in Missouri and Wyoming.
In Georgia an absolute divorce is granted only after the
concurrent verdict of two juries at different terms of the court.
In New York absolute divorce is granted for but one cause,
The granting of divorce for any cause is left to the discre-
tion of the court in Washington Territory. The discretion of
the court is also practically allowed by law in Wisconsin.
All of the causes above numerated are for absolute or full
divorce, and collusion and connivance are especially barred,
and also condonation of violation of the marriage vow.
Remarriage. There are no restrictions upon remarriage
by divorced persons in Arizona, Connecticut, Kentucky, Illi-
nois and Minnesota. Either party may remarry, but defend-
ant must wait two years and obtain permission from the court,
in Massachusetts. The decree of the court may restrain the
guilty party from remarrying in Virginia. Parties can not re-
marry, except by permission of the court, in Maine. In the
444 THE LAW OF BUSINESS.
State of New York the plaintiff may remarry, but the defend-
ant can not do so during the plaintiff's lifetime, unless the de-
cree be modified or proof that five years have elapsed and
that complainant has married again and defendant's conduct
has been uniformly good. Any violation of this is punished
as bigamy, even though the other party has been married. In
Delaware, Pennsylvania and Tennessee, no wife or husband
divorced for violation of the marriage vow can marry the
particeps criminis during the life of the former husband or
wife, nor in Louisiana at any time ; such marriage in Louisiana
renders the person divorced guilty of bigamy.
In Kansas a divorce will be granted to one party upon the
ground that the other has obtained a divorce in another State,
and the respondent has been forbidden to remany. A party
thus forbidden may go to Kansas and obtain a divorce also
upon this ground but with privilege to remarry, and if service
can be had upon the one who first obtained the divorce in an-
other State, or that one can be brought under the jurisdiction
of the Kansas courts, the divorce in Kansas must be recog-
nized as valid in other States and the party can not now be
punished for remarrying.
In New York desertion for five years, without knowledge
that the deserter is living permits the one deserted to marry
again; and if the deserter then return the second marriage
will be valid, but it may be declared void, but only from the
date of the decree, not ab initio. And proper petition must be
made to a court of competent jurisdiction to have second mar-
riage so declared, and if no such petition is ever filed, and all
parties are satisfied, one husband may live in lawful wedlock
with two or more wifes or one wife with two or more hus-
bands. The children will all be legitimate and inherit equally
and both wives will be entitled to dower.
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THE BROOKLYN BRIDGE.
THE great New York and Brooklyn Bridge is a suspen-
sion bridge, and the greatest structure of the kind in
the world. It consists of three spans and two ap-
proaches. The bridge was suggested by Colonel Julius
W. Adams, in 1855. The act of incorporation was passed in
April, 1866. Work commenced January 2, 1870. First rope
was thrown across the river August 14, 1876. Master Me-
chanic Farrington crossed in a boatswain's chair August 25,
1876. New York foundation is 78^ feet below high water
mark, Brooklyn foundation, 45 feet. New York tower con-
tains 46,945 cubic yards of masonry, Brooklyn 38,214. Size
of towers at high water line, 140x59 feet; at roof course
136x53 feet. Height of towers above high water, 276^ feet.
Height of roadway in the clear in the middle of East river,
135 feet; grade of roadway 3 feet, 3 inches to 100 feet. Width
of bridge 85 feet; promenade through center 16 feet, 7 inches;
railway at side of promenade 12 feet, 10 inches; carriage way
on tlie other side 18 feet, 9 inches. Length of bridge includ-
ing approaches, 5,986^ feet or 35 miles; length of main span
1,595^ feet; each land span 930 feet; Brooklyn approach 971
feet; New York approach 1,560 feet. The superstructure is
suspended on four great cables, each 3,578^ feet long and
15^ inches in diameter, and each containing 5,434 steel gal-
vanized wires and weighing about 800 tons. Each cable will
support 1,500 tons. There are 10,000 tons of steel in the sus-
THE WASHINGTON MONUMENT. 45 1
pended superstructure. The bridge cost $15,000,000, and was
opened for traffic in 1883.
THE WASHINGTON MONUMENT.
The corner stone was laid July 4, 1848, by President Polk.
The cap stone was set in position December 6, 1884. There
was a long period, about a quarter of a century, in which no
work whatever was done. The foundations are 126^ feet
square and 36 feet 8 inches deep. The base of the monument
is 55 feet 1% inches square. It is hollow, the walls being 15
feet %. inch thick. At the 500 foot mark, where the pyramidal
top begins, the shaft is 34 feet 5^ inches square and the walls
are 18 inches thick. The monument is built of marble blocks
2 feet thick, over 18,000 in number being required. The
height above ground is 555 feet. The pyramidal top termi-
nates in an aluminum tip 9 inches high and weighing 100
ounces. The mean pressure of the monument is 5 tons per
square foot, the entire weight, foundation and all, about 81,000
tons. The door at the base is 8 feet wide and 16 feet high
and opens to a room 25 feet square. Sight seers are taken to
the top of this wonderful structure by an elevator which is
supported by an immense iron frame work. The elevator car
is hoisted by steel ropes 2 inches in diameter. The top may
also be reached by stairs of which there are fifty flights of 18
steps each. 520 feet from the ground there are 8 windows,
18 x 24 inches, two on each face. At the base of the pyramidal
top, 500 feet up, the area of the top is 1,187*4 square feet,
enough to make six rooms 12 x 16 and enough space left for
closets. The Washington Monument is the highest structure
in the world. The Cologne Cathedral is 525 feet high; the
pyramid of Cheops, 486; Strasburg Cathedral, 474; St. Peters,
at Rome, 448. The cost of the Monument was about
THE NORTH POLE.
The North Pole is the northern terminus of the axis of
the earth's rotation. It is purely geographical and imaginary.
The point has never been reached by man, although many
efforts have been made to do so. The following are the most