Hawaii Holomua, Volume III, Number 170, 23 July 1894 — A Funny Decision. [ARTICLE]

A Funny Decision.

♦ i The decision of tbe Snpreme Conrt in tbe AIcGrew divorce case hfis ratbor staggered tbe eommunity. Tbe text bas not been . I>ublished yet, and wo do not presume as a layman to judge of the law in tbe case, but we must say that at first glance it is the raost absurd and decision yot given in our iramaculate courts. Far be it from us to quote autborities or deal in law points. We simply ask our reader to look at tbe following facts and i then judge for himself. Henn G. McGrew, tbe bus,baud of Alphonsine McGrew was soraetimo ago declared to be non eompoa menits and placed uuder tbe guardianship of C. L. Carter. The unfortunate man is hopelessly and totally imbecile. His wife through the urgent request of his family left him and tbe country, and his guardian on bis behalf iustituted a suit of divorceagainst her,for some reasons or other. The wife through her i attorneys hekl that a guardian cannot appeai* as plaintift’ in a divorce suit as it is absolutely neoessar3’ that tbe desire and sentiments of the plaintift* as an individual, must be tried and provon. Tbe court was coraposed ofJudges Bickerton, Froar, and Mi. Brunson attornev-at-law, j sittiug in tbe plaee of Justice Judd, who was incapacitated through relatiousbip to tbe guardiau. Messrs. Bickerton and Frear have now given a decision aliowing the guardian of the imheeile to go on with the case and thereby establishing a most remarkable and astounding precodent. Judge Brunson, who had tbe advautage of being a stranger both to tbe parties eoncerned and to all loeal seniiment and cironmstances,dissented from his two colleagues. AU that we are anxions to learn is, if thevery learued judges, who havo docided in favor of the guardian of the imheeile propose, to carry oot their theory to the bitter eud. lf thev do we wonld like to ask them wh\’ a gnardian of an imbeeile oanuoi c*ontract a marriage on behalf of his ward? If a marriago ean be dissolved on tbe eomplaini of non eompo» mtntis tkroogh his guardian, ii certainly eau be contcaoted throngb the same source. And in case snch a marriage is contraoted, we «uppoae tbat our logieal judges will hold thst tbe marriage ean be cousnmated and children begotten by the imheeile —per goardian. Who wouidn't be a goardian! Finally we shonld soggest to o«r constitntion makers t> change ihe elanee in ihe new constitntion whioh prevents idiots (eom voting. Let ihem hare the right to vote - per goardian. Sorely if they hav« the righi of soeing lor divorce—« aaoet serioos step, the peHy right oI voting shonld not be deprived ihem. Aaeoon as the deelnoo in this mpMikw Iooking oa«e >e printed, we ahall Uke pleaeun in pnbli«hing H i*

I fa)l, an<) <listribate it freely among ail tbe ]eadĪDg jarists of the world. Tbe tlnffer» abroad . ean learo eometbiug from Messrs • Bickerton and Frear.