The Montana post., 1869-01-08
LEsIsLATIvE DIVORCES.

Ii is not always that the greatest con-
siderations move men to action. They
are often swayed by nearer considera-
tions no matter how much smaller
This is particularly true of public men
affecting their public action.
Hence arises the necessity of written
constitutions prescribing certain limits
beyond which none shall travel. We
feel satisfied that it to-day cOnstitu-
tion tor the government OF Montana were
submitted TO our people clause pro-
hibiting the granting of Legislative di~
yorces would command the unanimous
approval of all men OF all parties
Hence our regret that such q provision
is not found in the Organic Act. As 10
the degree o. liberality of the Legislative
assembly in its enumeration OF causes for
divorce that is a question which may be
safely lett TO il and the people without
restriction. as there it deals with alb
stract principles rather than particular
cases. but experience has justified the as
sortion that those applications for
divorce, which are taken TO Legislatures
are the meritless ones that cannot sue
ceed elsewhere. The very application
10 such bodies for such relief is con-
fession of want of equity in the appli-
cant, and any assertion of merit in such
n case is no more than satire, 1t meri-
torious, apply to the courts. If the law
does not cover meritorious causes,
amend il.
This is an important question. No
attack upon public morals is more dan
gerous than that which seeks TO weak
en- the marriage tie. Between the in
dissoluble sacrament of the Church of
Rome and the convenient arrangement
of the Indiana Legislature, we trust
there is a safe middle ground consonant
with high public. moral, and private
right which avoids "the ialsehood of
extremes and which our Legislature
will follow. Nothing touches more
quickly the chivalric sentiments than
the smallest injustice done TO a wife or
mother. And IL is especially true when
Legislative Assemblies are to be bent
and used TO work such injustice. We
are constrained to make these remarks,
Assented TO by all, because we hear that
the Legislative Assembly is 10 be inn
portuned by one of its members to undo
its resolution early in the session not
90 receive applications for divorces.
This member. 3 Republican until he
cnme here and wanted a divorce applied
last winter for similar action, but the
knowledge which the members casually
aud accidentally gainedsof the demerits
of his claim caused the Assembly 10
dismiss IL with the other rubbish before
IL. He thereupoD iogratiatet his Re-
publican self inte the confidence of the
Madison county Democrats. secured
their nomination and election TO the
House Of Representatives, and trusts
now by trades or personal appeals To re-
ceive votes enough TO perpetrate
this outrage on an absent and
helpless woman-bis wife. Twice
before his arrival in Montana has
he, while his wife Was in Scotland. CON-
menced an action in the courts in the
States tor this divorce, making the same
charges then that are given as excuses
now. The wife did not, as he had hoped,
allow the case 10 60 by default. but
fled her sworn answer denying every
charge made. Thus confronted and
called upon 10 prove bis allegations in n
contested cAse. he shirked and lodged