Indiana State Sentinel, Indianapolis, Marion County, 22 April 1891 — Page 10
10
THE rX DIANA STATE SENTIIYKL, WEDNESDAY MUIlMXtt , Al'UIL 22, 1891 TWELVE PAGES,
UOWTOREFOIIJITIIEWORLD
WE WILL HAVE NO MORE MARRIAGES" At Least the Morally, Physlenlly and Mao tally Defective Miall r Prohibited from IWpleaUhlng tt Ftrtt A Ko tnitrkable Hook. Mr. Chfirlea II. Ileovo of riy mouth is well known throughout tho rUte, ami to a tcrjr considerable extent boyonil ita boumlarl", a a clear and original think cr and a vigorous nnd powerful writor upon political, nodal anl loiral quotation. For a numbwr of years Mr. Hoove hm tn-on n occasional contributor to TiikSkntinei., and hi b-ttora rublinhil In Itiin journal from time to timo Imvo oovf red a wMo xnng of topics, all of which Imvo hrcri treated with grout lntidllnco and ability. In a book publUhctl Homo mootha no entitled "The Triaon (iiction," which bould hay received enrlicr Attention from Tut SrxTi.Mtr., Mr. 1 'novo dincuftnea, in a broad and .hlbfopbicjil aplrit, and with fullncM of knowled, depth of innight and aor of liiiifc'ui'o, aomo of ihn RranteAt problems of civill.tion. Ilia book la decribod on tho titlo jajr aa "a theoretical and phlloaopblcnl Tviw of aomn iiwittor rotating to crime, rnlnhmnt, prinona and tho reformation f convlcta, with it gUnc at mental, social and political conilitionrt nnd aomo f upacationa about cnus and tho pretention of crime and tho production of criminal." H de-lned, iiv tho writer, "to ahow lmw aociety may protect itielf Afrainit tho disorderly elementa ami check the rapid lncicnut of the prison population," and tho keynoto to the nriruxnent in found in thi aentence: "All of our efTorta will fail unlc-a wo adapt our methods to tho operation of oatural orvtn." i This book i a very important ono and luorveit tho careful attention of thinking men nnd women tho country over. It treats tho nat problems of vico nml crime in a broad and ptatoamanliko apirit, and whilo many of tho propositions aro to radii'al as to bo M.mlinir, they aro enforced with aueh coLM iitreaxonin and prepentel in mch forcible intflinh that they ran not fail to impress th tninl ol tho clispaaionito reailrr, even if tho arguments ottered in their behalf do not entirely convince. Mr. Koevo takes a comprfhennivo view of his subject. II inquire into tho sources of vice and crime He describes tho manner in which they are propagated nnd perpetuated, lie review the agrncies ly which it is sought to rcotrict orhupj rer them. He analyzes the penal systems in vogrue, and shows wbereiu they aro illogical and ill-adapted to the ends which they aro lc9irntd to ftccomplihh. Ho points out tho improvements which reusou nnd experience dictate in these systems, I lo rhows in what recards the mnnawmrnt of our penal anil reformatory institutions is deficient and how it could bo brought to a higher standard of efficacy. Ho enumerates many ovils and abuses which prevail in these institutions and shows how, in many ways, they tend to fo.-ter the very ills they aro intended to ameliorate. llo favors tho system of indeterminato sentence.", whicn has been introduced in various states with jrocxl results, the rigid separation during restraint of tho ditlerent classes of offenders and the abolition of the death penalty so lone as the social conditions cow existing obtain. But Mr. Keevo irocs dee. cr than this into the question of crime and criminals, lie aims rather at destruction than at restriction; rather at prevention than at punijhment or reformation. Reformers, he says, have "dealt with re?u;ta rather than caue, while, in fact, the answer to the prison question must be found in tho causes of the conditions rather than in the conditions." .Wain: It muit now be conceded that a demand for Inquiry into the cause, and means for their reinora!, enters to or largely into tho prison qufition tl.aa dots any other; aud until that inquiry receives the attention a true reform dimi'idi and makes neoossary, U.e rriaou (pieition will not be toWed nor will auy actual advance be made of permanent character iu reform; that is, a reform that aide in rrmorin; the came while ameliorating the resulting oondilions. There ran be no permanent reform of any evil while V.io caue of the evil sought tt be reformed remains in operative force. Tho remedy which Mr. Iteevc proposes is a drastic one. He proposes to regulate marriage?, and to prohibit, under fevcre penalties, all persons who do not coino up to certain physical, mental and moral standards from entering into them. Liberal extracts from hi1? chapter on marriage, r. hich are appended, embody the main features of his argument upon this point: "The legitimate objects of marriage are to establish and maintain an orderly and moral relation between the sexes, and make provisions tor the proper nurture and protection of the ollspring that may follow that relation; to prevent promiscuous commerce between the sexes and tho debasing consequences attendant; to create homo circles, close domestic relations, and tho foundation for social conditions that are elevating in influence, and admit of limited action for the preservation of morality and liberty. ' "The atate hss taken charge of the sub!ect of marriage and undertakes to reguate it by statute; declares it a civil contract between a man and a woman; how it may be made and how annulled; what the personal and property relations as between the parties, and the personal and legal obligations as to each other, their otfsprintr, society and the stato shall be, during life, at separation, and in caao of death. It allows only one existing contract and authorizes judicial ollicers and ministers of the church to perform the ceremony. It requires a etate's license to be taken out, fixes the conditions for license, levies a tax for its issue, requires a record to be kept of the license and the certificate of the officer as to tho ceremony under it. In certain cat.es of minority it requires sworn statements as to age and consent of parent or guardian. It prohibits marriage between certain persons, declares marriage void in certain cases, and exercises complete control and jurisdiction over the persons and subjectmatter at the will of the legislature, as it jieems best (or the public policy, regardress of any of the real or supposed rights or liberties of the person as an individual. TJut it reaches a most 'lame and impotent conclusion' in iU provisions and there etopa, leaving the doors wide open to the entrance of irreparable evils, and by its provisions as made, and its omissions to make other provisions, it invites the entrance of those evils, and sanctions and Protects their authors when they-come, hat is to ear, it creates conditions out of which Datural forces irresistibly produce thoeo evils in their legitimate operations. "Here begins the dividing line between wisdom and unwisdom in the law. Here lies the utter inconsistency in tho motive of the legislature regulating marriage with a view to protecting individuals and the public; a pretense of affording protection and at the lame time not infringe the 'lib
erty of the citizen.' In regulating marriage the law says that nono shall marry within the third degree of consanguinity, nnd in snm states th fourth, bccauo neirringe between neir blood relations is likely to produco oildt.ring deformed or tli.xeased, physically ami mentally. Instno and Idiot shall in t marry, becauso they cannot makt a eontruct and because of hereditary tendency to produce idiots n I irinity. ' It m ikes it a crimn to marry in any ot thcpo eases. In this, it uiins to prevent degenerate oflsprinv; and protect individuals and society neuint tho evils that would attend Mich oll-prin. "Hot, if the vil -t niorui that can live one not in these class-s ei s proper to marry, tho law i nm s tho license for the akiti;, tkes tho fe ', miiko tho record, find lenvc th" niUprimj ami society to shii't fr ilieiiiMde4 in II. bext way they can. The continued inel.rlate, tho weakmind'il mid se-iibl.liotir, the continued criminal, the oit'-priu- nl' tho half-witted ami insane, if Itu i I at lli time, tint incurably diM'aved, tli" hcrofiilitlc, the syphilitic, th. hereditary pauper, the dopracl itud rerUb'Hs even i:iii is while in tho jiooi ho'i' e nnd criimii'ih whilo in the jail urn in every way encouraged, given licence, ami nre ptotccted ty the law. No thought Is tr.ken nr the unfortunate offspring, or for tho body politic or social, and tho if ropurnt-lf evils that must fall upon all. The church adds Its smctioii and lis minuter nid In making these civil contracts by perfonulnir tho ceremony with prayers nnd benedic tions. Not in ail cnes, but In too man v. If It Is wUn to prohibit polygamy, inarriayn between near relations, between the insane nnd the idiotic, because of heredity and transmission of evils, it is equaby wi-o to prohibit it in nil hits w hero like evils may follow. If tin- law bun tint power to prohibit and punih violation In t!io one cast, it has fqu-il ricld in all others. " Tin re Is an endless procesVon of children tromnll these sources coming into tho mass of the population to live lives of crime, immorality, want, sullerlng, nils, for'nno and ilc'ncrntion, transmiiting the taint in constantly widening streams, general. on alter g nerntion, with the ultimato certainly of the deterioration of the raco nn I dual irreparable degeneracy. With the ut 'nod cure lor prevention, there will be enough dixr-nxed and deformed from accident ami violations of law to tax tho encriics of the people in preserving morals and inteli. etnal siiprvnaey nnd progress, lint with this constant tid", hearing tho scum of repr .bacy and vice, ebbing and ltowimr througti the social sea and ilenosItii. g its banefid sediment an I troth everyw iiere, on every shore, there cun bo hut one tin d end. It is ntnply appalling to recoi;!ii.i it, tuueli more to rellvct npou it. ''I in reason given for the absence of lc;;.lative prohil il ion is. tint it would bo an infringement 'upon the liberty of tho ciiien t!ie r;;hts of tlieindividual, and the prohibitory legislation could not bo enforced. l. t us S'-o bow far this pohiiion is tcn:'bie. "A man wants to run a steam' r to carry passengers and freight. The law di.regirds la 4 in hvi lual rights. It says, 'You can't d' it. I tut if yu will have Tour 1 oat examined ly giverninent oftuva s nnd she in ."d nitp'd to registry, and you are found ,uablied to navigate her, license wid bo trm n to you. !! lives nnd property of othen mu-t be protei ted.' so if one wants to act as n jilt, to bnmr vessels out and intotl " l.arlor, or run a tii (or towing them, both must subn it to examination an t bo found lit f r tho portion. Tho safety and welfare of the public is alo'io considered. A loan wants to retail liquors. The law Fays, 'You cannot do it only on specilie conditions.' Why all thi.V .v imply for protection of individuals and the public avrainst possible injury. A man wants to practice law, or medicine, or phnrm iey, or act ns notary, ami hs is barred milesi lie Fubmits to examination at.d show's a titnc'ss for the place ami its duties. When thatisdono license iues a::d nt before. Tho instances can be multiplied indefinitely, and in many ca ok -like the notary it involves only lolnrs and cent. And this to prevent injuries to the individuals and the public that are possible and uot at all certain. In most cms they aro very remoto. In no one cao is there any thought or four of 'infringing the rights of the citizen "Now, if to prevent possible and not certain evils, the law can interfere and docs interfere, why may it not and should it not interfere b preventja'tt i'm and irreparable evils jind injury; not only to individuals, but to the entirety of tho bodies corporal, social and political; not only for the present, but for generations without limit? Why should it not sav to one who proposes to assume the marriage relation and beeoaio the possible nn i probable Kirent of oll'-pring and the head of a family: 'You must be fit for the place and able to assume and discharge the obligations and duties it w ill entHil. You must show that no injury wid CO ne to individuals or the puhiic. ou must Rwear in your application that yon do not cotno within the prohibited classes, and show that you aro tit to be tru.-tod with tho grave responsibility?' ''Is it any more an infringement on personal right than it u in case of neiling liquor? Are Hip evils: resulting from marriage by one wholly unlit for tiie relations greater and more far-reaching, or are they less, than thoso possible in the incipient stages of whisky and beer? Is it of more consequence to establish a board of health to prevent the shIo ot diseased meat, or isolate a mal'-pox patient, or quarantine one with scarlet fever or yoilow fever or cholera, than it is to prevent the production or serofulitic, syphilitic, criminal, idiotic, and incurably delormed and diseased children, and pauper children by the million, gen. ration after feneration? Is it cf more importance, to examine a glandercd horse or lumpy-jawed ox and order them killed, lest some other horses or oxen becotno uti'cteil, and have an oflicial commission for tho business, than it is that a vile, diseased nnd debauched criminal, or a demented person should submit to examination when they wou.d assume a relation that may send down their vicious taint for generations, and that there should be a competent oi'icial commission to do the business? Is the law wise or justified that compels the for;ner and ignores the latter, on auy claim or pretense whatever? Are the duties and relations to the public ot a notary or pilot of more importance than those of tho parent of children and the head of a family? The objection is clearly not tenable for a iri'ment. Society has a rk'ht to protect itsoli against any and all evils and to punish or isolate otb-nders against its decrees, and it has the jsjwer by letral enactment. No individual liberty or tight is paramount to tho general good. The law may fix as many or more conditions to marriage in its regulations as it hr.s male, and as mny be necessary to guard against any evils growing out of the relation in any case, jut fu it has fixed those already on tho statute. It n'Hy prohibit marriage between any kinds of persons it may deem proper. It may provide for examination, of applicants for licence hy a proper board of examiners, and it may ailix penalties for violation of its provisions. " It may provide for the removal and isolation of such hs violato them. It may even proceed to the emasculation of such as are especially vicious and dangerous, or who continue to violate the law and produce ofJ'dprinjf taint"d with vicious disease, or otherwise deformed or demented, boing amonr the prohibited ciasg. It may make provisions dispensing with personal examination in such cases and ori such conditions may be named; cr requiring it in specific cases only, and provide penalties lor violation of provisions as in other cases of olfcuse, and leave tho parties to ri;k
detection and punishment by marrying without examination in casef where it may bo required. "Another objection is, that men and women will not be restrained and that such prohibition would produce indiscriminate sexual commerce, w ith increased ins'ead of diminished eviU. It does not follow nt all. Tho law making power Is amp'o to utford protection on every aide. It can rt gul.tte the social evil ns well ns it can n:iy other evil. It csnnot make pooilo any tnor perfect thau tho Almighty has done, but it can limit ami restrain to a cTto in extent in tho preservation of order and morals, and ns to the social evils Willi otliors, it cm provide for license and regulate women and houses as well as it can for liquor nnd hnuseN. It ran estt liHi a board of inspection and health and requira cIcanlihuM and sexnisnion to authority ns well as it inn for diseased provisions', contagious diseased, and danporous ill'tmlnants, oils and explosives, tho use of (IrenrinH, and s-alust tho i inproper tiMQ an I spread of tire. It can requite them to be Lept orderly and pro bilnt indu a -nco elsewhere, as well as it can with saloons snd the sale of drug), narcotics and poisons an I other dangerous compounds, and can limit tho hours during which they may bo kept open, as it dors iu other cumos where that is deemed important. lor people who will have liquor, and poisonous drus, ami other dmgeroiH compounds it already provide, nn I it ran make like provisions in uny other respect where evils atlect or may affect tho public. It can ns rightly, and much more properly and nisely do it, than It can pioide for a public matket with Its stalls, rules, Inspection and police supervision and market mauler, compel dealers to occupy it, pay for license, ami prohibit tho tiansnction of market business anvw hero else, under penalties ami punishment. It can imprison and perp'Munlly isolate all w ho continue to violate its prohibitions, and put it beyond their power to repeat ollen-es. It can limit hs to numbers ami as to times and occasions for Irequentiug, as woll us it can for saloon and market days ami hours. It Already declares adultery, fornication and seduction, ami keeping a house of ill (sine and frequenting one, and associating with lend persons crimes. It can provido for ami regulate places where and conditions under which a board of health and police surveillance can keep theso ovils in constant check and reduce them to the minimum that it is possible under human regulations nnd Prevent indiscriminate commerce. The lack of this board of health and polico surveillance, as part of u license system, is the reason former attempts to license tho social evil have failed. It ha never been tried any whero with such boards an a fixed part of a license tytcm. "It seems to me that thero is a moral obliquity that atl'ects tho entire mass of political, social uud religious leaders and teachers on the subject hero being considered. When we analyze the views and action throughout, tho glaring inconsistency and unreasonableness that seems to ii 1 them has no parallel in any other matter seriously affecting individual and the public wellare. Among tho first is A false modesty that is shocked by any Allusions to the most evident and debasing fa. t that stare everybody in the fseo ou u A sides; that rub ngainst everybody at every Mrn; that legislators, reformers and clergvmMi are contending with incessantly. While the powers of human invention aro making exhaustive efforts to provide for the safety and betterment of humanity in all directions, all eyes seem closed or blinded to the avenues that admit the most serious dangers to it. They can see that tho would-be pharmacist, physician and accoucheur tinds his way barred until ho can show that ho is qualified to deal with dangerous compounds, and with human health and life. They can sej that the man who would become a soldier and learn tho art of war, learn how to kill and maim peoplo and attack and destroy property in war, whether he be a soldier or footpad, finds entrance to the rank barred until a government official strips him, examines him as to bodily perfection and health, and next as to mental ability and moral perception to learn tho manual of arms, the routine of discipline and service, obedience to regulations and orders, and subordination to superiors. If ho is found competent he can gain admission for only five years, and during that time tho government must contract to keep him. If the same kind of a man, or any man, wants to enter the matrimonial ranks, the doora are wide open. To protect itself against a bad soldier, or one it may have to keep in prison or hospital, for only fiv years at the most, the government requires and exercises every precaution. Hut the recruit in the matrimonial ranks may serve for life, and his influence extend to futuro generations, and he may fill a hospital or prison with his olispring. Surely to know that one is qualified to bejet and care for human beings fit to lire, is as important as to know bow to kill them. But It is immodest to present this last view. "The church devotes its time and energies to prove that every human body possesses an immortal spiritual body, that is liable to future torture unless it be made perfect in morals ond truth, and that must be dono whilo it remains within its mortal shell. It pleads and raves for Drohibition of liquors and tobacco, for forced observance of Sunday, for forced attendance on schools, for recognition ot (iod, Christ and the protestant religion in the civil constitutions, and for sundry other restraints and commands with penalties, in order to save these imperiled pouls. lfeformers go about tho land devising ways and means to educate, civilize, provide for and elevate the ignorant, tho degraded, the poverty stricken that pervade every plane of human action, and wander in and out among the peoplo everywhere. And yet these, w ith general society added, bold up their hands before their faces in horror, if some honest soul who has truth for a guide, calls to them to look, and points them to the source of tho evils they are battling with and tells them they are responsible for it all, for the law is only their united will in statutory phraseology. That it is the result of their voluutary blindness and false conception of civil, moral and religious duties. That they are seeking to deal with evil conditions alone, instead of the causes of them, and while trying to mitigate the evils in the results, aro supporting, increasing and enlarging tho causes. That on every other plane of action they recojjnizo and deal with tho caus-s; but with men and women they ignore tho causes and battle with results alone. That they regard domestic brutes as of mora importance than they do human beings. "This eame fallacy as to 'individual liberty' existed in relation to the cattle only a little while ago, and there area few fossils who advocate it vet. Swine, sheep, horses and other stock were permitted to run at large and intermingle at wid. The country was full of 'scrubs.' A proposition to shut them up was met with a bowl of indignation and derision. But they have been shut up. Even in the few places where yet permitted to run at laro the males are prohibited and it is made criminal for the owner to permit it. The breeding of live stock Is encouraged; state, society and church vie with each other in that encouragement and attend exhibition of improved brutes anil are unsparing in approval, plaudits and commendation of the splendid results that have attended the process of dealing with causes instead of condition. The 'scrubs' have disappeared and in their places have come strong, sightly, intelligent, useful and profitable anima's, lor every kind
of use and station. Women and children gaze with admiration nnd applause upon the splendid males and females among the many distiuct breeds of horses, jacks, csttle, swine, sheep, fowls, dogs, cuts, rabbits, goats, and other animals. Thero is no false modesty about it. Hut let it bo evrn suggested that tho very eamo laws apply to human anima's. aud the very same practices In re'ation to them w ill produce hko results, and tho disgust manifested tells the wnutd-hn benefactor that lie is classed amonir the vulgar. "W hat kind of a divine economy would that bo considered which recognizes a moral distinction between n real brute with four legs ami one with two? That would encoiirag'j the breeding of brutal, mangy children ami condemn tho breeding of mangy colls or cattle? That would destroy a ulumlered horse and approve tho rearing of nypM!iiic and scrotulltic children? Who would recognize inch a divinity, much le s worship It ami make it tho foundation for religion, and churches, and consecrated teachers, and sacrements, mid praye rs, nnd hymns of prime? Can a human economy of that character bonnv more tolerable than a dlvtno one would be? Can a human legls'nttirc, or church, or society, Justly or wlolv create and maintain or tolerate distinctions that A divine economy would not? Such A conclusion would be, not only unworthy of a snno human intellect, but is a degradation of human intelligence to tho level of brute intelligence. "llltory tells ua of on people among the (Jreclan provinces that recognized what I am contending for and what u false uso of the benefits ol civilization now persists in Ignoring. Sparta regarded the human raco within her borders as of more value than her animals, and she legislated for it And sought to improve it as we do our animals ami with most pronounced success. She bad no stream of demented, deformed, diseased and criminal human olispring of like parentage pouring into her social chunnels. .No one unlit was permitted to become a parent; and a more chivalrous, stalwart and bcautdul race has never inhabited tho earth. Without Sparta there would have been no Athens. Yet they wero no more so than tho raco would be now if the law, society and the church would discard ita fallacious reasoning, abandon it false ami mistaken policies, leave behind ita romance and seutimentalisin, lay down its superstitions, rucogi.lze tho economy of a real divinity, adapt themselves to the operation of the natural, irresistible forces bulled into existence with in uUe r by that divinity aud apparent to a'1 who will look for tlietn, and ileal with the causes of degenerate humanity instend of w ith tho results of that degeneracy. "What wisdom is there in the policy, or w hat truth is there iu the religion, or what real charity is thero in the benevolence, or what stability is there in tho reform that builds ami maintains institutions for the insune, tho feeble minded, tho foundlings, the paupers, tho incurably diseased, the incorrigible youths, the felons and tho petty oflendiTH ; tho taxation of pound, honest, moral nnd industrious people, and tho forced conversion of the products of their labor to the maintenance of there places by the hundreds ali over the land, and at the same time tho permission of usages and social conditions that keep them constantly tilled with inmates, yearly increasing in numbers and in physical and mental de.erioration? What blindness is it that makes a distinction between a brutal, vici. us, conscicucclcFS, diseased male, going at large up and down the land without restraint, indulging his brnfnl impulses, leaving his diseased nnd viciously tainted olispring for tho public to care for, whether he goes on four logs or two, nnd makes himself heard by a brutal roar or by articulated speech? And that believes a divine providence makes a distinction, and gives one an immortal soul to be saved or lost and to the other none, and for that reason, the one with the two les:s must be to erated and left at large? Ho may just evado tho hand of the criminal law, and yet he may taint every mortal element, trample on every moral law, disregard social decency and order, debauch virtue, make a bauble of chastity, defy and sneer at public opinion, furnish inma'es for prisons, homes for abandoned women and children, lying in hospitals, paupers for alms houses and work houses, and leave poison to affect generations; and yet, bo long as he commits no overt act so as to be taken red-handed, hands must not be laid on him, and if he comes to tho law and asks for license to bo married, the law gives it for tho asking, and the judge w ith tho dignity of his ollicc, or tho minister with prayers and benedictions, will perform the ceremony. "The same reasoning is applicable to the worthless, unbalanced creaturo that comes onto tho plane of the hereditary pauper, too ignoraut or worthless to secure food to live on, but with the ability to force upon the community a worthless and vicious posterity without limit as to number and largely under sanction of legal marriage. Fo of the high intelligence, but criminal mentality, thatpieys upon society and renders life and property insecure. So of the incurably descased, the weak-minded, and those of insane tendencies. What rational distinction can be made Ijetween these and tho leper in providing for tho public safety? In tho latter there is no wrong only misfortune. et we claim right to lay "hands on him, put him away from his fellows and perpetually cxcluda him leat ho shall communicate his incurable affection to another. Wbv have we not equal right to lay hands on tho others, isolate them, and prevent the spread ot the contagion they will otherwise distribute, far aud wide? The plea of a 'human eoul' is lost here, for both have souls. On that line what becomes of tho argument of the soul when the question comes before the church or the reformer, or why should these vicious classes be free to propagate their kind and bring into being millions of souls on the planes w hero all must be lost? Under what rule of logic or philosophy can you say to the law, 'Hands off; the liberty of the person is sacred, the rights of the individual must not be interfered with,' when, by isolating this one vicious body with a soul you can prevent the production of many more .vicious bodies with souls, all of which are likely or certain to be lost? The civil constitutions guarantee only against 'unreasonable searches and seizures,' and such as are made must be done in pursuance of law. Is such a seizure unreasonable in one case and not In the other? If the law authorizes ono can not it authorize the other? "And the Reformer; how shall ho succeed in permanent reforms if he permits the constant production of subjects needing reform, when ho is not now Able to reform those existing, nor able to eolvo the prison question? "And the Iaw ; how shall it continue to protect individuals and society if it continues to license for marriage all who ask for license, aud sanctions, as legitimate results of good government, the conftant production of these vicious classes? I do not mean malignant, but from which vico of various kinds inevitably breeds continually. "And Society; how shall It preserve moral purity or even ascendency if it continues to hide behind a mask of false modestyjind pride and refuses to recognise condition that exist, and refuses to build up and enforce a public opinion that by law will remove the causes that produce these conditions? "'Necessity knows no law,' and 'selfpreservation is tho first law of nature,' are propositions as old ns historical time. We recognizo them in everything, except in this cas'j cf most vital necessity, this most certain danger of unrestrained mar
riage and indiscriminate propagation. If self-defense is justified by law for tho individual, it should be justified by law for society, in projortlon that the importance of society is greater than that of the individual. If, to save life, limb and mortal injury, one may repel bis asaiiant not on y to disable him, but to the taking of life, to save life, limb, and mortal injury, society may repel its assailants not only to tho point of emasculation, but to tho taking of life ; and the poiicy that denies it i a cowardly policy, and the public opinion that dees not enforce It is a false and cowardly one, and can produce nothing but Injustice to the human race. "Tho llnal objection is, that such legislation ns is suggested cannot bo enforced "Why not, hs well and completely as any other legislation in support of public health nnd morals and against publlo wrnnn? Hundreds of stututory provisions exist for this purpose. Noto n few. Any person, with Intent to steal, who shall take, carry, b ad, or drive away the personal gooM of another, shall be deemed guilty of larceny, nnd a penalty Is nflixt'd. Any person who shall make any sale, assignment or transfer of property, w ith Intent to defraud purchasers, or to hinder, delay or defraud creditors; nnd any person having knowledge of it who shall willingly make use of It aha I bo doomed guilty of a misdemeanor, and a penalty is nilixed. Any ono who shall take, lend, carry, decoy, or entice away A child, tit dotaiu'or conceal It from its lawful custodian; or who, being seventeen years old or over, has carnal knowledge of an insane woman; or whoever, while intoxicated, prescribes or administers medicine that endangers life ; or w hoover pres.-ribrts any secret remedy and refuses to make known what it Is, if required, and so endangers life; and whoever administers any substance to produce miscarriage by a woman, or any woman w ho solicits any substance and take it, or submits to any operation to produce a mi -carriage; or Any person who shall run a hand car on a railroad, not being an employe, without consent of the company; or whoever shall sell any diseased meat or other unwholesome provisions not lit for food, etc., etc., shall bo deemed guilty of felonies, and penalties are utllxed. Like provisions cover almost every kind of oct that can injuro property or person, for the protection of the elate, corporations, tho public and individuals. Many olleinlers are arrested, convicted and punished. Not all; and by this means crime bus been held in check to so mo extent ; many nre deterred by it, and others are put out of harm's way lor a greater or less length of time. "Now, suppose it should bo mado unlawful for any person to marry without procuring a license, nnd then providing now it might be procured ; unlawful for any person to perforin tho marrlago ceremony without license, unlawful to issue a license, or to marry any person w ithin the prohibited cl iss, the oliicer or person having knowledge at tho time, frovide bv law who hu)l not marry at all; say ft should be unlawful for any habitual drunkard, any person afllicled with incurable disease, or venereal disease, with hereditary scrofula, or w ho has leen insane, or cither of w hose immediate ancestors died insane; any person atllicted with fits, any person of weak mind, incapable of providing for and taking care of himself, any person who has been twice convicted ot crime, any two persons w ho are both paupers and a public charge, any whose immediate ancestors were paupers and who have no visible means of support although not a public chnrgo at the time, any person who is a professional beggar, any person of notoriously bad moral character, uny abandoned person, or person living as a vagrant with no visible means of support though not a public
charge, shall marrv; or shall apply f r i i . - . . .'..i .ii t: f . . ' i license vo marry; or sunn uvo wiui ono oi the opposito sex ns if married ; or shall become the parent of any child, and affix a penalty. Keqtiiro application for licenso to bo by petition, under oath, declaring that the applicant does not belong within any of the prohibited classes. That any reputable person may object to the issue of license, by statement in writing on oath, that one or both of the parties belong within the prohibited class; on which, no license shah issue until the question shall be determined. That after license like objection may be made at the time of the ceremony, on which the ceremony shall bo suspended, and the licenso and objections returned to the oliicer issuing it. Provide for a permanent and competent board of examination of applicants for license. That applicants may spply for examination by the board at their option before applying for license, and certificate shall issue to them of qualification if eo found by the board, which 6hall be presented witli the application for license, and shall be conclusive, v ben objtction is mado as abovo specified, the officer shall lay the application before the board w ith the objection, and require the applicant to appear for examination. If, ou examination, tho board tinds the applicant qualified, it shall return the papers w ith the finding and it shall be conclusive. If it finds the applicant within tho prohibited class, it shall order his commitment to the custody of the sheriff, to be dealt with, as in cases of arrest on coroner's warrant. Trovido a penalty for each and every violation bv the applicant, the oflicers or board, and for any neglect of duty by the officers or board, including perjury for false swearing by the applicant, the objectors or any w ltness testifying before the board. Mako the board a body of inquest, with power to try and determine the question of qualification. Make it felony for any person to become the father of any illegitimate child. If persons of weak mind become such parents, separate and shut them up beyond the power of repetition. IahI the penalty for all violations include the incarceration of the offender in some suitable prison for no determined period, and to be released only on order of the board of pardons or parole, and ao prevent repetition of the otfense. In B-vere cases of rape, of eyphilitic children, of assaults on insane women or on girls, let the party be physically put beyond the power of repeating the ottense, in "the prison after incarceration, as a part of the penalty. "What difficulty would there bo in inforcing such a law that is any greater than in the offenses I cited, or in others? None and not so much as in most others. Of course all cases would not be reached, nor convictions follow in all cases prosecuted. Nor would it prevent marriage by all prohibited persons, nor wholly prevent illegitimacy. Hut, as in other offenses, it would operate to deter crime in this direction; it would bring conviction for an average number of cases of violation equal to those for other offensos. It wou.d give every person desiring to marry ampio opportunity. If not in the prohibited class the affidavit imposes no humiliation any more than the oath administered to a witness in court, nor the inquest any more than the challenge to a voter. The logic of an oath to a witness is this: "Wo do not know if you are entirely truthful. However, you may be in fact, you swear in the fear of the law and its penalties that on this occasion, at this time, you will be entirely truthful." So man can take an oflicial position until ho takes an oath, and if his vote is challenged he cannot vote until he swears and, in some cases, proves that he does not come within the prohibitions as to voters. So in this case. The law has a standing challenge as to applicants for the protection of every persoti. It is no humiliation to pass the challenge by swearing the prohibitions do not "apply, or to prove it if required; nor ia it humiliating to voluntarily go before the board of examiners
before applying for license any more than it is to go before a board of registry before an election and secure a registry that will permit you to vote when you apply . r that privilege. The way is orcn and e.isy to procuro licenso to marry for all who would be entitled to it. More. Every decent person would bo glad of such protection ngainst the grave dst.gers and boundless evils that all are subject to, without such special eflort protection. "As to evidence of violation, it is no more hidden than in other enssa, and much less so than In most cases, and in all conspiracies. Incurable disease, insanity, imbecility, invbi i-tv, and records of crime cannot be hidden, nor can a syphilitic or illegitimate child : pnuporii w and vagran.'y are patent eno'igli ; nmlwl'h tho general condemnation In which su'h olVeti leM nro now held, certainly then would bo no public opinion seeking to shield them from prosecution, or to shield any one aiding, Abetting or asditliig them In any w ay. "'i'hoielore, tho last objection must fall: and the odium of such conditions now operate to fill the public Inst itut ions nn I prisons w ith an cndlcs prm es-ion of dtsrased, deformed, demented an I crimlmd inmates must rest Upon general society, including the ihunh, because within them li a all tho power of a public opinion that ran force this proper and necessary legislation, ami enforce tho execution of tho laws when enncte I. "With such regulations as I hare suggested, tho true marriages and true homes would increase, with their ever widening benefits, ami displace to tho same extent the mere domiciles the places to stay -with their variant and unstable domestic associations; as often being mere tolerations as they nro attractive cohesions. "And in addition, the m ekery of marrlftuo and tho desoeration of home perpetrated by tho many, and tho vicious elements of mentality and physical deformity now undermining tho morals nnd health of society, would gradually bo !mened in volume and evil quality, nnd so lessen the labor of reformers, the burdens of government, and more than all, leave a chance and hope, for a coming generation sooner or ItU r of purer blood, nnd indicate th it humanity has as much interest in improving itself ns it manifests in improving its domestic brutes." It will he objected that Mr. Ueeve does not take into account tho sentimental or emotional qualities in human nature, and that the measures which he advocates nre, for that icason, impracticable, and, indeed, quixotic. It is not tho purpose of this article to pass judgment upon Mr. Koevo'a proposition ; to analyze his argument or to express assent to his conclusions, or dissent from them. It is only intended to direct public Attention to what must conceded to bo a very itnportsnt, and in somo respects a remarkable, contribution to current sociological literature. Whatever may la; thought of Mr. Kesve's views, his book certainly cannot fail to stimulate thought upon and provoke discussion of tho great problems of vico and crime in all their phases. It is well worthy of careful study, especially on tho rart of public writers, moral teachers, philanthropists, reformers, statesmen, logirlators and all persons who are charged, either in official or other capacities, with responsibilities for the making or administration of penal laws. "A stitch in time saves nine," and if you take Hood's S'arsaparilla now it may save months of future possible sickness. Heecham's Tills cure Dilious and Nervous Ills.
CALIFORNIA. OIII1GOX Vt'AMIIINUTON, WEEKLY OVERLAND ECII0.i1?,1Vt"K eirrplnff Ci't, Irave Chlraro IS.Otf Katarday r every wtrk. r.arh F.i urla la rharga af aa cMrlrnt and seatleaaaaly l.sraralon Maaarer. I'asltlvel the only ienMaafly eaaaiarteS Uerlaa4 F.tcartlon tm lavcr and Itla . raaJc fly. it ha Senile llaaaftka world.) Far Ituteft, raaervallaa t liertha, etc.. eall aa or addrrm, J. I). JlUfO.N J CO., IVA tlark St., Chleago, GRATEFUL C0MF0RTIN2 EPPS'S COCOA. BREAKFAST. "By a thorough knorl J of tha natantl ! ahtrfi ffATirn tlia aiMrttlABi nf diffiiati.in anil nutrl. 1 tlon, sad br careful application o( taa 0o propsr- ; t lei of wull-MlertAd Cocoa, Mr. Kppt baa provlJ! ; our break fiut tAbl with a dulicataly flarursi bararHit whioh mi j sara ui many hoary dixMora bill ll ' la by tbe Judicious ui of aucti article ot det taut a oonatllution may be gradually built up until itrooj enough to rnt every teodooar to diaeaaa. Hundred of turtle maladies are floating around u ruedy ' to attack wliorefi'r Intra ii tweak point. We may ! escape raany a fatal shaft br kee;in ourselves well ! fortified with pure blood and a properly nourished frame. "avii servioe irateiiei. Made simply with boiling watnr or milk. Soil sly in half-pound tins, by Grocers, labelled thus: JaMLc) EFl'S Jt CO., iiamoeopaUle Uiemisu, Lundoa. England. ftlAfiMOOD RESTORED. -RAN ATI VO," the Won;lerfu! frpan'.fch K'.nirjv, 1 sold wlllia YVriUrniiuarantee lo cure all Njrvoun L:eaaes, h a Weak Memory. Loss -f 11 ruin Power.Jleailichc, WakrfulncM, Lott Manhood, NtTYounirK, Laxituitc. all drain snd los cf powr f th Grnrrathe Orpacs, In eltl.rr era, raurd t'y Doforo& After Use. Fhototmpheil from life. orer-e jertlrn, youthful Indiscretions, or the rxceMhe use of tobacco, opium, or rtimular.tt, hlrh ultlm&trly lrai to InCrniliv. Coimnnptlon aud Iruanlty. Put up In convt nVnt fumi to ctrrv In t'ie vot pocket. I'rlro 91 a pickup, or 6 for 5. V.'lih every (6 order we rive a written iruarant'-e to rurei or refund the money. Sent by inn I to any aUdreas. Circular free, llonllon this p'pr. Ad.lreM. MADRID CHEMICAL CO., Uranrh Office for U. S. JL 417 I"-rSorn e'r.f. ,TIi"O0. fl.U FOll SALE IN INDI AN ATOIJS. IND., BT Geo. W. Moan. lruKeliit, U W. wshlneton Street Browning ft boa, loe. 71 WanhlOKV'n btreeu Poole's Oottoix noct COMPOUND rtomrwAd of Cotton Root, TafT an! i Pennyroyal a reovnt tiiacovery by aa 'old chralHan. It muctM'MlS-j ('! , X I . . I . J, k (1 1 1 i I III U f vj UIHU, scaled. Ladies, ask y ur diuvKist for Cook a Cotton Root lomponnd and take no anbsUtate, cr Irto'oei S stumr for aealed particulars. Ao tryi I'OM) LILY COMFANT, No. 8 Flftbc lUoci, 131 Woodward are., Detroit. VhK Sold lo latlsnspolls y F. WILL PANTZKR, Ik. tee House Phirraaey, 54 Wa-hln.ton Htreet FRFF HU laUaitDook. wlUi pr. ecrlpUotka. on the Ouiee and Lost Cure of Kp tuiK torrbtoa, (ecilinrloa and lotwceiMerTOual!Iitlltv, iBipoleaey, Merlllty, whrthr eanrad byrteif-abnae. Enilalone. Krrore or Eicoa, etc. Addre Di. J. H. THOMVaon.Oarftela rinca. P.O. Bos Hi, UnoU'tt. U. RQTAGON n Q F. Ol EFFEN BACH'S W H b V V a K w ) l l n W fiin-bt and uaiunY Txcuausi" HIIO. MtDDLf-ar.ta nt oia Mttt. 4 e nor urior r crum ai iicuvn" Z ' VNi elOJfACH HE3ICTinl,K0 DHC'I-A;?-'-rJ& TAINTf Ca DI;AF'POinTMLT,'roVr'vMtf tit.ly relieves the vomi ret la It hoars. aaa permanently euraaio luoanrt. uoajs treeuBat aa trial ay nuu aiatt ror w i. itrrmr rr. THI PERU DIUO CO. Bole afita. for the U.S. 180 V:$.STHMaWAk.U.WiS. el T Ksm s. M'Wttivaft r.eri ffir theft bVKTV1 dlMUUe 1 abv it aft a SB w say f w - - nse thousands cf easoa of tUe worst kind and of lone etanLeir have been eured. Indeed so atmn is my fa It a in ItaeflJoacv, that I wil! aend Two DOTTLta rtE.w.th a VALUABLE TREATISE on tUa dmaase to any suffiwer who will eoadniethoirEipre'.aacl P.O. avIJrees. T. A. Slocau, 1. C 191 Tearl 6U N. T.
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use our WILL KpjN'avoJ wkc . OLiD Honesty is tje very best plaq, and. spirt up intfo my bertinwinw. MOTELS CHANDLER HOUSE, RiniTl'.!e, InJlana. M. A. ClIANi'Ltfl, Tr-prletor. Neat Sample Rooms. Rett Accommodation. DAUGHERTY HOTEL, Greentowo, Indiana. JAMES DACOI1EHTY, ProprleHr. CITY HOTEL, Hartford City, InL Mra. II. L. JACKSON, Proprietress. THE MERCHANTS, Portland, Iod. IL O. WELPOX, Proprietor. BLISS HOUSE, Bluffton, led. Only flrst-elass bouse In the dlty. t2 per day. NEW AMERICAN HOLEL, FBINCETOX, IXD. Headquarters for Commercial Travelers. Bates 12 per day. P. RIXAN'UAM, Frop. MECHANTS HOTEL, FRANKLIN, IND. Ratt, V r F. w 1 CO., Trftpa. VERANDA HOUSE, r.OCKPOUT, IND. JOHN S ESTER, Prnp. HATFIELD HOUSE, Southwest Corner Public Siuare, KEDFOr.D, IND. A. HATFIELD, Proprietor. THE HUNGATE HOUSE, TIIOS. WILLI AMi, Proprietor. Southeast corner Publlo Square, Salem, lad. Riicago, RoGi Island &PacLG Ry. IncluiSlnaT Llnai Esat and West cf the WI?eotirl River. Tbe Direct B.u to and from CTTIOAOO. BOCK ISLAND, DAVJCNPORT. PK8 MOINK9. COUNCIL- BLimd. WATaRTOV S , MOCX FALLS. JTTN NT" APC T..TO. ST. PACT RT. JOICPU. ATCHie-Oil. I.RAVEMWOHTH, KAWVAI CITT. TOPEKA, DEWVER, OOLOKADO SP-JIOB and PUEBLO. Fre Reclining' Chair Cara ta ex.rt from CHICAGO. CAU)7iJ, U UTCHINSCW avnd DOD9H CrTY, and Palace Bleeping- Pare botwee a CHICAGO. WiCHITA and ITUTCUINSCX. SOLID VESTIBULE EXPRESS TRAINS of Throufrh Coaebsa. 81epere, Free Hoclinlna ' Chair Cora and Knt of 2Co Hive' IVnlryr Cnr flatly between CillCAOO. VZO ttOrNJ rt. COUKCLL BLUFF and OMAHA, with FE.FE Reclining Chair Oar to KOiiTxI PLATT1S (Kib.). ul botwera CIUCAOO and XENVF&. COLOBA-UO ePRINOS and PUSBLO. via HI. JoaevX or EaaBKa City end TopcUa. PplendU Cinina; Hou ia Mt of St. Jaerb and Ctsiai; C!ty. r c-uraione rtallr. with Cboioe of Ko'iUa to and fxm Baaa LaXe, Portland, XjOB Ana-olra and Ban Vranclaco. 1'bo Direct Lino ta end from pie'a Puck, I.anitou. Garden of the (Hli, the eaotarluma, and Bcnlo OnLadeure of Ooluraio, Via Tho Albert Lea Route. Solid Kxpreaa TraJna dally between Ch!c&jrt Mlnneapolia sal St. Paul. vrlUi l.lL&Ouail V'olialus; Caitlr Care (FBJLKi to And lrom Vhoaa point and Kanaaa City. TLrouc b CliaJr Car and 61enr botTreen Pacria, er:rit LaJre and Cloux ralle Tla Kark Isliud. The lavorlte Line to Walertown, Biouz Kail a, the Summerllaaorta acd Euttias and l'ifthLa Gioucda cf va JiorUiwaitTbe Phort Line via Seneca oad Xerkake offer fSdUtlea to travel to and from XncUacapoIla, Cla ctanatt aad other Bouvnara polme Tor Ticket a, Kane. Poldere, cr deaired icrrnna Uott, prly tt any Coupon TUkot Otice, or addraaa C.ST. JOHN, JOHN SEBASTIAN, Oeal aCaaar. Oi-st Ttt 6t Paaa. Act CHICAOO. ILL. P I TL VTC Thomas T. Simpson. Wahlat on. 1. C i .i i ii iu att irner a fee until latent obuinaj Write for Inventor'a Guide.
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