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SELFISH INTENTIONS - K-REx - Kansas State University

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The judge granted Mrs. Holzgang the divorce on March 20, 1895 along with a decree that<br />

declared her the owner of all property in her name and further, that she was clear of all right,<br />

title, interest or claim of the defendant on this property. 94 In the judge’s statement, he granted<br />

the divorce because Mr. Holtzgang had abandoned his family for eight years. The duty of the<br />

husband was to provide for the family and Mr. Holtzgang was no longer providing for his family.<br />

One suspects, however, that the finding of guilt on the part of her husband was of less interest to<br />

Bertha Holtzgang than the title to their <strong>Kansas</strong> property.<br />

In 1897, Bertha Holtzgang remarried and eventually sold the Pioneer Drug Store and<br />

moved to <strong>Kansas</strong> City. 95 Even though she did not remain in Clay Center, Mrs. Bertha Holtzgang<br />

Johnston was well known and respected for her business ability, fairness, and integrity. Mrs.<br />

Holtzgang Johnston’s life was a testament to women of the day for their resilient nature and<br />

ability to rise above the gender roles of the time by owning a business. When her husband<br />

abandoned her, Mrs. Holtzgang used the legal system to her advantage to keep her property and<br />

support her daughter.<br />

Both of these Clay Center women had unusual property interests to protect, but in other<br />

respects, their situation was typical. Marriage and divorce statistical data from the Bureau of the<br />

Census within the Department of Commerce and Labor established that abandonment was the<br />

primary reason for divorce in <strong>Kansas</strong> in 1897. In 1897, <strong>Kansas</strong> reported a total of 1226 divorce<br />

petitions. Of these 1226 petitions, 492 or 40% listed abandonment as the reason for the<br />

divorce. 96 What the statistics cannot indicate is the reason for abandonment. In both Clay<br />

Center cases, neither husband responded to the divorce petition, and one must assume that both<br />

94 Ibid.<br />

95 Clay Center Register of Marriages, 175.<br />

96 Carol Wright, A Report on Marriage and Divorce in the United <strong>State</strong>s, 1867-1906, Parts I-II.<br />

(Washington D.C.: U.S. Government Printing Office, 1908-1909), 23.<br />

36

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