THE HONGKONG · TELEGRAPH.
THURSDAY,
CALL FOR WOMEN DIVORCE
JUDGES GAINS
Children Would Be Studied, Says Sylvia Pankhurst
Prominent people have expressed approval of the sug gestion for the appointment of women judges in the Divorce Court, which Dr. Barnes, Bishop of Birmingham, made in the Marriage Bill debate in the House of Lords recently.
Miss Sylvia Pankhurst said: "Most cases in the Divorce Court go by precedent. Women judges would set up new and useful precedents.
"They would probably look to the position of the defenceless | and innocent children involved, and regard the man and woman as) equal partners in the marringe contract."
Mrs. Pellick-Lawrence: "There aret certain things which only women can understand. Men will resist the idea of women judges, bat in the end they will declare themselves delighted j with their comradeship and help."
Miss Rebecca Went; "I ran all for the proposal because the Divorce Court is the only place where women judges would find Bfe worth Bring.
"The other courts being subject į
to appeal. I trust very few Judges i
to let the opportunity slip of revers-
ing any drelsion made by a woma Judge.
"To resist such a chance would be i too much for the 'Old Adur." **
IDEAL
Mm. Hartree. President, National Council of Women; "The point of view of women would be exceptional- ly valuable in this branch of law.
"Should the time come when two judges sit together on divorce cases, the ideal would be to have one of them a woman."
Mrs. Corbett Ashby: "In those? countries where women judges have been appointed, notably in Children's Courts, they have proved a marked |
success,
"I believe our country is denying itself great potentia: benefits in not admitting women to serve as judges.” Lord Allen of Hurtwood: "Women judges are as necessary to give back happiness to broken lives as
doctors to give health to broken bodies."
women
are
Dr. Alfred Cox, secretary, London Medical Service: "1 women are
At
to be called to the Bar I fail to ser why they should not be considered fit to be judges.”
Landladies Who Ban Babies
!
SUPPORT
TO THE PEERAGE---Viscount and Viscountess Samuel, the former Sir Herbert and Lady Samuel, os they arrived at the House of Lords, Landon, where the Viscount took his seat among Britain's peers. The farmer Liberal Party leader accepted a viscountry without territorial designation, beenuse he believed he could not
be re-elected to the House of Commons.
MILDMAY
"BREACH"
Nurse Wins Appeal
Lords' Majority Decision
Against Baronet
A remarkable career of Higa- ion ended in the House of Lords to-day, when the appeal of Miss Emily Fender, in the case known as the "Mildmay breach sult" was affowed,
Miss Fender, a former State- registered nurse, of Holt, Dorset, had sued Sir Anthony St. John Mildmay, Bart, for breach of promise. The case raised the question—much
discussed fu legal circles--whether damages can be awarded for breach of a conditional promise of marriage made between the date of a decree nisl for divorce and the date when that decree is made absolute.
A King's Bench jury awarded Miss Fender £2,000, but the Judge. Mr. Justice Hawke, ae- cepted Sir Anthony's plea that the agreement to marry Miss Fender if the decree nisi... obtained by his first wife-was made absolute" was illegal and vold
being contrary to publie polley, and decilned
to enter judgment.
The Court of Appeal upheld Mr. Justice Hawke, but now the House of Lords, by a majority of three to two, have finally- given Judgment for Miss Fender. In view of such costly ign- tion, Miss Fender was allowed to appeal as a "poor person."
1
one
SUIT
รา in some much to be encouraged.
circumstances
very
His Lordship attached importance to repelling the attelis un such contracts, for he seemed to deteet a resurgence of ecclesiastical princip les which at one time found favour with certain Judges when they had to deal with separation agreements, and which were finally repressed more than 100 years ago,
It appearent wrong to assume that
JULY 29,
1937.
RADIO BROADCAST
A Talk on "Food For Thought" from London CHILDREN'S CONCERT
Radio Programine Broadeust by 2.1.W. on Wavelengths of 355 metres (045 kcc) 31.40 metres (0.52 m.e'e).
B.K.T.
12.30 Jazz Piano,
Have You Forgotten Piano solo by Billy Mayer: Helen-Piano Selection Piano solo by Billy Mayerl; Tsing la la; Finale Act III: Shepherd's Song: Sleep On: Mistletoe Piano solo by Billy Mayerl; Nimble Fingered
by Gentleman Plano solo
Billy Mayeri; Billy Mayerl's Own Selec- tion; Part 1 Pennywhistic; Marigold; Wistaria; Chopsticks; Ace of Spades; Part 2 Ace of Hearts; Junior Appren tice; Hollyhock; Canaries Serenades; Whiteheather.
12.48 Alfred Piccaver, Tenor. Trusting Eyes; I Heart You Sing-
: Thank God for a Garden. 1.00 Tine and Weather. 1.03 New Records.
Waltz of the Hours Symphony Orchestra; Variations Symphony Or chestra: Will You Remember Jean- nette MacDonald, Nelson Eddy: Fare- well to Dreams Jeannette Muc- Donald, Nelson Eddy: F1 Wall: Be- side You Sung by Walter Glynne:- The Valley Where Wishes come True
Walter
Waltz Sung by
Glynne; Wanderlust Alfredo and Ha Orches- tra: Gipsy Gaprice Alfredo and His Orchestra.
1.30 Reuter and Rugby Press; Weather Forecast and Announce- ments.
1.40 Peer Gynt Suite No. 1 Grien
40.
New Queen's Hall Light Op. Orchestra Conducted by Georg Schneevolgt.
1.57 Dance Music.
Foxtrot A Melody for Two Jack Hylton and His Orchestra; Foxtrot September in the Rain Jack Hylton and His Orchestra; Foxtrot The Rhythm's O. K. In Harlem Teddy Foster and His Orchestra; Foxtrot Take Another Guess Kings of Swing: Foxtrot In the Sweet Long Ago Roy Fox and His Orchestra; Foxtrot Choir Boy Roy Fox and His Orches | tra.
lations followed the promise. In the the doctrine of public policy applied to any class of contract without re- gard to the public mischief on which the decision was based. All the 8-11 p.m. Chinese Programme.
second case, there was no statement that they did.
SOLEMN OBLIGATIONS
The Judges appeared ! have thought that a promise made in such circumstances tended to cause im- moral relations. They might be right, but he did not know whether that would follow as a rule.
As to the suggestion that such a promise was bad, because it tended to induce the husband to murder has wife, he rejected that together.
#round al.
He thought, however, there was real substance in the objection that such a promise tended to produce conduet which violated the solemn obligations of married life.
exist.
material circumstances which led to mischief were absent in the present c Case, for after the decree misi the bottom bad dropped out of marriage. The whole notion of any danger to public interests seemed fanciful and
unreal.
"For these reasons. I think that that these public policy demands contracts should be enforced and that this appeal should be allowed and judgment entered for Miss Fender for the amount found by the jury." TWO DISSENTING JUDGMENTS Judgments agreeing with Lord Atkin
delivered by Lord Thankerton and Lord Wright, and dissenting judgments were given by Lord Russell of Killawen and Lord
were
It could hardly be doubted that a Roche. betrothal to another would almost necessarily interfere with, hamper, that the general rule of English law Lord Russell, in his judgment, sald und embarrass the married consortium which, on the hypothesis, was that a married person could not, was existing and would continue to validly contract to marry
during the life of his or her spouse, another person. But it was said that this But what application, he asked, rule did not apply if the contract
mini เอเ had this reasoning to circumstances were made after decree
the that existed after decree nisi. Not pronounced in a suit between only, were the parties not living to- spouses. For this alleged exception gether, but they were not entitled the general rule no authority to require that conjugal right should existed.
these circumstances what
decision It arose for
for
2.15
5-6
Close Down.
Relay of the Dance Orchestra from the Roof Garden of the Hang- Rong Hotel.
Children's Concert, B.00 Studio: 6.45 Boch Plano and Violin Recital.
Prelude No. 4 in C Sharp Minor Plano solo by Harriet Colien; Sonata for Violin and Piano in G Major: Adolph Busch Violin; Rudolph Ser- kin Piano: English Suite in A Minor Piano solo by Harold Samuel; Two Minutes from Sonata No. 6 in E Major Violin by Henry Merckel: Prelude from Sonata No. 1 in G Minor Violin by Henry Merckel.
7.13 Peer Gynt Suite No. 2 Grieg Op. 55 New Light Symphony Or
Conducted by Eugene chestra, Goossens,
7.30 Stock Quotations aud Hong- kong
Exchange Market.
7.35 Three Songs by Paul Robesoil. The Black Emperor: Lonely Road: Canoe Song.
Robb 7.45 Relay from London. Willon, as Mr. Muddlecombe, J. P. in the Court of 'Not-So-Conimon, Please! Written by Robb Wilton on an original idea by Barry Bernard.
Weather 0.00 Time,
and An- nouncements."
8-11 Chinese Programme. Relay from the Lee Theatre.
11 p.n. Close Down. 8.03-11 p.m. European Programme from ZEK. on a Frequency of 840 ktlocycles.
8.03 Light Orchestra.
Landladies who tell young
he restored. The consortium was the first time in this case. broken. Of course, the couples "You can't have ba-
state of It seemed to him that every argu- narriage existed until the decree ment for the appellant which depen- bies here" were criticised at
nisi, but, the moral obligations and deduponth e existance of a decrce conditions of marriage the conference of the Mater.
had disap-ial was applicable to a case where parties were Bving the suit had not yet proceeded beyond
Falling Leaves Ambrose and His nity and China Welfare
The appeal was argued for five peared. The
the presentation of the petition. days before
Orchestra; Piccadilly Ambrose and Atkin, Lord
Lord apart. Group of the Society of Thankerton. Lord Russell of Kilo-
The decree nisl effected nothing.
His Orchestra; Delibes in Vienna did not dissolve the marringe. The Medical Officers of Health at wen, Lord Wright, and Lord Roche, possible effect could a promise
Orchestre Raymonde; Parts 1 and 2 parties were just as much man and The duty who reserved their judgment until marry a third person have by way wife as they were before, Cardiff recently.
Serenade Passionee Jean Lensen and His Orchestra: Fantome Jean Len- to-day, when judgment was entered of interference with matrimonial
and obligation to refrain from sexual
sen and His Orchestra: Fantasia on Sir Ewen Maclean, Professor of for Miss Fender for £2,000 and costs. obligations. It appeared to him intercourse with others surely con- Memories of Johann Strauss Marck Obstetrics and Gynaecology at the
Lord Atkin, delivering Judgment merely fanciful to suggest that the tinued. To break it would be to Weber and His Orchestra. Welsh National School of Medicine, to-day, said that the question was public interests were being impaired commit adultery just as much as to
by
0,30 Relay from London. Reginald referring to the effect of environment whether a promise made
If a respectable man, whose wife on the expectant mother, said her spouse after a decree sisi had been haud fted with the lodger, leaving the narry another would be to commit Foort at the B.B.C. Theatre Organ.
thebigamy.
9.00 Relay from London, *Food the pronounced to marry a third party children in his charge, engaged him- challenge to a
the for Thought Three short talks on housing schemes of local authorities after the deeree had been nude self to another respectable person to He did not understand how
matters of topical interest. Ile quoted a recent case in which absolute was void on the ground of marry her as soon as he was free, no existence of a decree niri was really LEG or essential to public
relevant
0.20 Relay from London. a sturdy young couple the husband public policy.
suffered. In his The parties at the time of the con- Fashioned Dances. Lordship's opinion, they benefited."
9.30 tract were either married or not.
London News It appeared lamentable that the they were married, could either of
nouncements. law should set its ban upon promises them, while still morried, enter into 0.55 French Songs.
Toujours Content de Mol Albert Prejean: Si Vous Voylez Cell que J'aime Albert Prejean; Tu Ne Sals Pas Almer Damia; La Fille Aux Matejats Damin; Le Secret de Caresses Tino Ross; M'aimes Tu? Tino Rossi.
status
WAS
in good employmnt-settled in ting house.
G
interests
this
1
status
It was not without significance, he added, that there was no judicial: When It was known that a baby authority on this matter. The
expected the landlady sald, neurest authority in the English made to do a lawful act by persons an enforceable contract to marry "We can't have hables here, it will Courts that had been found consisted who, in the interval between the someone else? disturb all the other tenants," of two cases in 1908 which were not promise and 115 fullment, did
To say that the marriage The young couple, wishing to avoid concerned with divorce proceedings nothing and were not induced by the has been impaired by the decree nisi public institution, hurriedly found but decided that promise's made by promise to do anything contrary to was language he did not understand. some indifferent
rent accommodation. a married man to a womun-who the public interest.
If it meant that the parties were less "Advocates of birth
knew he was married-that he would
He dismissed with some indication man and wife than they were before, called, will say, 'Well, they their marry her after the death
I doubt it. It is remedy,'
wife, were contrary to public policy the idea that public policy was to be it was simply untrue.
involved on the ground that such "ON A SLIPPERY SLOPE" more probable that such instances and vold.
promises tended to immorality. provide more work for the abor tlonist, qualified and unqualified."
PUBLIC INTEREST UNHARMED The president, Dr. Agnes Nicoll, of London, suid it was a sheme that in this country young people could danger not have babies without the danger tribunals to room unchecked in this on this ground a promise to marry forcement of which the law would
50-
much
of his
On the question of pubile polley, Lord Athin said that from time to
time judges of the highest reputation No doubt a promise to marry was had uttered weraing notes as to the one of the weapons of the seducer,
of permitting Judicial but no une had sought to invalidate to marry was
of being turned out of their houses. Neld.
If legislation were a solution, then It would be a disgrace if it were not attempted.
Old-
and
AR-
tex
10.15 Dance Music and Variety. Foxtrot Let's Put Our Heads To- gether Roy Fox and His Orchestra: Until the marriage tle had in fact Foxtrot With Plenty of Money and and in law ceased to exist, and until You Ray Fox and His Orchestra; the person in question had ceased to Carmen--Selection. Piano duet by be a spouse, a contract by him or her Hawlez and Landauer; Faust-Waltz contract against variations Piano duet by Rawicz, and Weather George Elliott, and s public policy and morals, to the en- Landauer; Foxtrot Speaking of the made by unmarried persons, and he
Sweet; Woltz My Heart's in Old was unable to see why any different not lend itself. Mr. Justice Cuve had sald in 1891: view should be taken of promise to
Makers; Goodnight Killamey-Music In divorce proceedings, nothing My Love Sung by Ruth Etting: -Pubile polley is always an unsafe marry which only differed in respect was Anni until the decree was made There's Something in the Air Sung and treacherous ground for legat de of the period of six months or less absolute, clsion. Lord Ilaisbury appeared to which must elapse between promise
A contract by a spouse made in the by Ruth Etting The Desert Song HAW PAR AMBULANCE decide that the entegories of public and performance.
Sung by Gracie Fields; All Sweet course divorce proceedings to policy were closed. This view, how-
marry someone else must tend against Mystery of Life Sung by Gracie Fields; Swing High, Swing Low ever, did not receive the express THREE PEOPLE REMOVED TO Ssent of the other members of the such promises tended to prevent re- that the contract in the present case British Symphony: Wallz Will You
Dealing with the consideration that reconciliation. He was of opinion
Louls Lovy and His Gaumont HOSPITAL YESTERDAY
House of Lords, and it seemed to him conciliation, Lord Atkin said that in was unenforceable. The marriage (Lord Alkin) too rigid.
Remember Loula Levy and His The How Par Ambulance was
in chormus proportion of divorce bond remained unimpaired until the
Gaumont British Symphony: The called out three times yesterday, two
On the other hand, it fortified the as far as a decree nist no reconcilia-
cases when once a petitioner had got decree absolute. Chinese men and one woman being serious warning that the doctrine
The institution of murringe had Love Bug Will Bite You Sung by Max Miller; Foxtrot That Song in slippery slope. What My Heart Jack Hylton and I removed to the Tung Wah Eastern could only be invoked in clear cases on did or could fake place. The long been on
holy state enduring for Hospital. The following were the in which the harm to the public was number of decrees al that were not was once
Orchestra; Foxtrot With a Twinkle made absolule in relation to those the folnt lives of the spouses мия circumstances:
(Continued on Page 5.) Kwan Kwal, 23, who fainted in
granted would be a minute fraction steadily assuming the characteristic But there was no doubt that the of 1 per cent. Tin Lok Lune, apparently overcoms rule existed.
of a contract or a "tenancy-nt-wl." The ebilgations of married people, by the heat;
Lau Cho, 34. of an unnumbered The judgments of Mr. Justice clusion that to enforco
con. however, did not cease until in the
10 contract eye of the law they ceased hut in Morrison Hill Fload, who had Hawke and In the Court of Appeal such as that under discussion would married, he concluded.
were largely based on two cases in harm no pubile interest. It would which a husband during the lifetime leave all the obligations of marriage ed by three to two, and Judgment The appeal was accordingly allow- of his wife had promised marry unimpaired, while the performance was entered for Miss Fender for the another woman on the death of his of the contract was innocent in ac- £2,000 awarded her by the jury wife. In the first case, immoral re- cordance with the polley of the law, with costs.
a broken leg nilegedly received in a fight; and
lio Po, 70, of 7 Mut Hing Street, ground floor, suffering from bone ache.
Incontestable.
He therefore came to the
be
TYPEWRITING AND COPYING
Gestetner
PHONE 1935
OLDUKESTEE ÄRKADE
Buttonless
Underwear
Buttons on undɩrwear-exasperating little things this hot weather.
Buttonless underwear is simple to put on and take off and easier to Inunder.
Let us show you our buttonless Vests and elastic waisted Trunks.
COTTON MESH LISLE THREAD ARTIFICIAL SILK AERTEX CELLULAR
Priced from
$1.75
per garment Leas 10% cash discount
1
MACKINTOSH'S LTD.
MEN'S WEAR
SPECIALISTS
BEKENNTNNALTARINAEN
ARTS &
CRAFTS
For Sound
Value in
GUARANTEED CLEAN AND
RELIABLE INTERIORS ON SOUNDLY CONSTRUCTED FRAMES.
ARTS &
Upholstery
CRAFTS
734, King's Road: North Point, UPHOLSTERERS
Tel. No. 24173.
If It's GILBEY'S
Spey - Royal Scotch Whisky
A blend of the Brest Whiskies
ALL OVER YEN YEARS OLD
MAGalley
士(士
It's GOOD
Spey-Royal
Quality
Never
Varies
Sole Agents:
THE CENTRAL
TRADING CO.
Bank of Canton
Building.
$250 CASH PRIZĖS, SILVER TROPHIES,
MOVIE CAMERA & OTHER AWARDS MUST BE WON IN THE "TELEGRAPH'S"
AMATEUR PHOTOGRAPHIC
COMPETITION
Seo particulara on another page