Page:The Green Bag (1889–1914), Volume 09.pdf/542



CURRENT TOPICS. THE BLASTED BLACKSMITH. Mitchell v. Prang (Michigan), 34 L. R. A. 182. There stood beneath a spreading chestnut tree A smithy where the anvil clearly rang In daily practice of a lawful forgery, Like his of whom the gentle poet sang, And underneath that very humble roof The smith shod horses for his own behoof. A neighbor, distant several hundred feet, In digging up a trench encountered rocks, And could not stir them from their ancient seat Without occasioning some heavy shocks Of sound of dynamite or of gunpowder, Like blowing of a scolding wife, though louder. The smith was holding in his aproned lap A horse's leg while duly shoeing him, When one of these said shocks, by dire mishap, Occasioned sudden spasms in the limb; The beast smelt battle, cried ha, ha! and kicked That blacksmith prostrate on the flooring bricked. How long he lay or how much hurt I know not, But he arose at length and brought an action; All minor matters the report doth show not But only that the court said no infraction Of law or neighborly duty was disclosed, — The blaster did all things on him imposed. "Suppose the shoeing of a nervous lady, Who kicked the shoemaker in his abdomen, Or case of nurse who dropped a fragile baby On hearing that loud crash of direful omen; Who would contend that any blame be cast On the far-off igniter of the blast? "And it is not pretended that a blaster Is bound to go around the neighborhood And search, in order to prevent disaster And manifest a disposition good, And census take of residents who marry, Lest their expectant ladies should miscarry. "The court no such allowance makes for nerves; We can't be fidgeted with starts and lits Or deem such blasting any blame deserves Save when conducted carelessly it hits A horse with stick or stone on front or rear. And doesn't simply trespass on his ear."

That blacksmith "goes on Sunday to the church," Like him of whom the poet sang so sweetly, And thinks how law has left him in the lurch; And when the parson reads the Psalmist meetly : "A horse is a vain thing for safety," he Nods his approval very vigorously.

MARRIAGE AND DIVORCE. — The Liberal Club of Buffalo, N. Y., gave up an evening recently to the discussion of the subject of divorce in America. The principal address was made by the Hon. R. Wayne Parker of New Jersey, formerly a member of the commission of that State for promoting uniformity of legislation, and at present a member of Congress. His address was scholarly, eloquent and instructive, giving a rather optimistic view of the matter grounded on the high ideal of marriage generally held in this country, and the fact that the marriage rate is higher here than anywhere else. These two propositions may not be denied, but it is equally undeniable that the divorce rate here is the highest in the world, and is out of proportion to the increase of population. In the last thirty years there have been nearly half a million of divorces. There are various causes for this: the increased independence of married women, and a sort of general mania and discontent on the subject; but the chief cause, in our judgment, is the laxity of courts in respect to what constitutes '• cruelty." the principal ground of divorce. Absurd and trivial pretexts are regarded by grave courts as quite suf ficient to warrant the severing of the marriage bond, and even a single act of so-called cruelty — as for example, a single accusation of unchastity made by the husband against the wife, — has been repeatedly adjudged sufficient by highly respectable courts to justify divorce. This seems to be an era of divorce — it is in the air. like a contagious or epidemic disease. Attempts toward reformation on this subject are like attempts at the reform of criminals — the prison is the wrong place for the latter, and the divorce court is the wrong place for the former. The effort in both cases should be toward formation rather than refor mation. Good citizens can be constructed only in the cradle and the tenement-house, and faithful and contented husbands and wives can be reared only by 501