National Republican., 1873-11-06
DIVORCE LAW.
Some sr,.,b,, spaur.tiou-

SUNNY StustDtc
Mt. Justice Humphreys, In considng three di'
yorce cases In the special term yesterday, made
the following most pertinent and inst observa.
tons, and announced a new course Of procedure
in divorce cases, which entities him to the
thanks OF the entire community, and which will
receive the encom uu Of every thoughtful man
| In the District.
REMARKS OF JrsTicE HUMPHREYS.
GrSTrIEM Si,,ns These cases pe,iiS,n. iot ~
I feel bound 70 make some general rule on the
subject Of evidence In divorce cases generally.
The law recognizes the relation Of husband
| nni wife as civil contract, different, however,
In some respects from other civil contracts. II
IL viewed also with that sOlemnlty that is i'm
posed by that divine law. The same general
rules that obtain IN regard TO other civil con-
tracts obtain also In regard to the marriage re-
latlon.
ways rcgsirs positive evidence, or circumstan-
tiai evidence that would he equally as strong,
before they will interfere with any contract
made by the contending parties.
But we cannot look upon contract Of mar.
riagc, In which the whole country has au inter.
est, IN the same light with other contracts
which concern only the individuals, and the law
OF the present day may or may not be wise In
making additional grounds for the granting OF
divorces for slighter reasons than obtained
As a civii contract, the law deals with I, in No
other light than other civil contracts, and no law
can he made to Interfere with its obligations,
any more than other contracts.
The new causes for divorce created by recent
statutes ought not, In my judgment, to Apply to
controcts OF marriage entered Into long before
uch grounds were causes for dIssolyIng the
contract.
The contrac, In such case being made In view
NJ the then existing Law as to its dissolution,
ought not to he dissolved by any act Of either
party not then known TO the law or intimated In
entering Into the marriage relation.
The parties promise and agree TO do certain
things-the husband that he will protect his
wife, both that they will be true to each other.
Aud although these agreements may not be ex.
pressed, the law implies them. As far hack as
we read 70 history adultery on either aide wonld
violate this agreement 90 as to dissolve the rela-
ton. Most OF our states have gone far In ad-
vance Of the old law OF England, and have made
many other additional causes for granting a..
yorces from the bonds Of matrimony, which al.
dltlonal grounds would perhaps have been good
causes for divorce formerly from bed and board.
Except as for the original cause for divorce, OF
adultery, there must be evidence such as woultl
avoid any other contract; mere omission. or
avoid such contracts. The court mnst be salts
ned, also, with the witnesses brought to prove
tue alleged grounds for divorce, Just as q Jury
before them. The witnesses and their evidence
must satisfy the mind OF the court.
Now as to these three cases. Taking 10 for
to enact the present laws on this subject, there
must be sufficient aud proper evidence. Taking
Il for granted that The law Is correct authorizing
the divorce for the grounds stated, the papers In
these cases purporting to state the evidence
show causes for separating these people.
shall refer each one OF these cases to an ex-
aminer Of this court for the purpose OF showing
by witAesses personally known TO him that the
witnesses In these cases are credible and their
statements entitled TO hars full weight with the
court.
These arc er pdrif proceedings, and the COM
munity demands that the courts enforce proper
rules OF evidence therein.
| shall refer all three OF these cases to John J..
johnson, an examiner OF this court, to report as
to the credibility and reliability OF the witnesses
examined In each one OF these cases. IL that
report shall be satisfactory, shall feel bound to
enter decree OF divorce In each case.