PATERNAL AUTHORITY PASSING

A third change should be taken into account. There is a marked

difference between the general position of women and children in

relation to the authority of the husband and father in this country

and that in the old country. It is indicated in both general opinion

and express statutory amendment in this country, although not in the

so-called common law. The latter, in common with practice in the

native lands of immigrants, provided that marriage gave the husband

the right to determine where the domicile should be, the right

"reasonably to discipline" wife and children, the right to claim her

services and to appropriate her earnings and those of the children,

the right to take any personal property (except "_paraphernalia_" and

"_pin money_") she might have in full ownership, the right to manage

any land she might become entitled to, and the right to enjoy the

custody of the children, regardless of the maintenance of his

conjugal fidelity, in the absence of such obscene and drunken conduct

on his part as would be obviously demoralizing to the young child.

There existed no adequate provision for enforcing the father's

performance of either conjugal or parental obligations, and the result

has been the development of two bodies of legislative change. One of

these has granted to the wife certain rights as against the husband,

on the theory that the wife retains her separate existence after

marriage and should retain rights of individual action. The other body

of statutes imposes on the man the duty of support, making abandonment

or refusal to support punishable by fine or imprisonment, or both.

The theory of this legislation is that the support of wife and

children is to be a legally enforceable duty, which may rightly be

laid upon the man because of his special interest and special ability.

Moreover, through the establishment of the juvenile court, the

community has undertaken, not only to say that support must be given,

but to set a standard of "proper parental care" below which family

groups are not to be allowed to sink and still remain independent and

intact. By creating the juvenile probation staff, an official

assistant parent is provided. In the same way, by authorizing

commitment of children to institutions, the dissolution of the home

that falls persistently to too low a standard is made possible.

The common law, as accepted in the various states, was not entirely

uniform, but it was substantially the universal family law; now the

states differ widely in the body of statutory enactments developed in

this field. All have some laws recognizing the claims of children to

have their home conditions scrutinized--though they may have no

express juvenile-court law, all recognize to some extent the separate

existence of the married women--though only twenty-one have given the

mother substantial rights as against the father over their children,

and they all recognize the parent's duty to secure the child's

attendance at school, and have imposed some limitation on the parent's

right to set his young child to work. In other words, in all the

states the idea of the separate existence of the wife and of the

interest of the community in the kind of care given the child has been

embodied in legislation.

These statutes have been enacted by legislatures composed largely, if

not exclusively, of men, and register the general change in the

community attitude toward the family group. An unlimited autocracy is

gradually becoming what might now be termed a constitutional

democracy. But the law of the jurisdictions from which most of the

immigrant groups come, undoubtedly represents a theory of family

relationship not widely different from that underlying the common law.

The South Italian group, in which the right of the father to

discipline wife and daughter is passed on to the son, may represent an

extreme survival of the patriarchal idea; but almost all the

foreign-born groups hold to the dominion of man over woman, and of

parents over children.

Immigrant groups evidence their realization of the changed conditions

in different ways. Among the Ukrainians in Chicago, for example, it is

said that, whereas in the old country the men kept complete control of

the little money that came in, here they very generally turn it all

over to their wives. Some of them have laughed, and said that America

was the "women's country." Among other groups, notably the Jugo-Slav

and the Italian, there is said to be a general attempt to keep the

women repressed and in much the same position they held in the old

country. Sometimes the woman perceives the difference in the situation

more quickly than her husband. Then if he attempts to retain the old

authorities in form and in spirit, she may submit or else she may

gradually lead him to an understanding. But she may not understand and

yet may rebel and carry her difficulty to the case-work agency.

One of the settlements in Chicago is said to have become very

unpopular with the men in its neighborhood, as it has the reputation

of breaking up families, because women who have been ill treated by

their husbands have gone to the settlement to complain, and have there

been given help in taking their complaints to court.

The Immigrant's Protective League in Chicago receives many complaints

from women who have learned that their husbands have not the right to

beat them or their children. One Lithuanian woman, who had been in

this country six years, came to the league with the statement that her

husband often threw her and their eight-year-old son out of the house

in the middle of the night. Another Lithuanian woman living in one of

the suburbs took her three children and came to Chicago to her

sisters, because her husband abused her, called her vile names, and

beat her. When the husband was interviewed he agreed not to do so

again, and his family returned to him.

Of course, the theory underlying even the feminist "married woman's

property laws" included not only her enjoyment of rights, but her

exercise of legal responsibility; but the restrained exercise of newly

acquired freedom is evidence of high social and personal development.

And the women in the foreign-born groups come from the country, the

village, the small town. They have had little education, their days

have been filled with work, so that there has been little time for

reflection, they come from a simple situation in which there was

little temptation to do wrong. They find here, on the other hand, a

situation which is complex in the extreme, and in which there are

elements that tend to make matters especially difficult for women.

Attention has already been called to the confusion created by the

lodger in the home and the special temptation to the woman to desert

her husband for the lodger. The relative scarcity of women in the

group, the presence of large numbers of men who cannot enter a legal

marriage relationship because they have wives in the old country, the

spiritual separation that often results from physical separation

caused by the man's coming ahead to prepare a place--all these are

undoubtedly factors that enter in to make difficult the wise use of

her freedom. Native endowment, moral as well as physical and mental,

varies among these women as among other women. Confronted with this

confused and difficult situation, the change from the old sanctions,

the old safeguards, even the old legal obligations, is difficult.

It is inevitable that a few will find themselves unequal to the task

of readjusting their lives. The father of one family came to the

Immigrant's Protective League in Chicago, asking help because his wife

had turned him out of his home. He said that she drank and was

immoral. Instead of caring for the home and the two-year-old child,

she spent her time behind the bar in her brother's saloon, having "a

good time" with the customers. She had deserted six weeks before, but

he had found her and had had her in the Court of Domestic Relations,

where he had been persuaded to take her back. He said she was still

drinking and still neglecting the child. Shortly after asking the help

of the league, the father ran away, taking with him the child whom the

mother left alone in the house while she went to the "movies."

The women who assert themselves in their new rights are in a small

minority. A young Polish woman complains that the women of her group

are too submissive even in this country, and "bear beatings just as

their mothers did in the old country." In the great majority of

foreign-born families, as in all families, the question of the legal

rights of the woman is never raised. The habits and attitudes formed

under the old system of law and customs are carried over into the life

in the new country, and are changed so gradually and imperceptibly

that no apparent friction is caused in the family group. Moreover, in

many cases where the woman perceives her changed position she is able

to make her husband see it too, and she herself is able to work her

way through to a new understanding. It is interesting to note that the

women of the foreign-born groups who have worked their way through are

now bending their energies toward helping the women who have not yet

started.

New Homes for Old · 第 43 / 286 题