The Toledo chronicle. [volume] (Toledo, Tama County, Iowa) 1873-1924, 1877-04-05

them that divorces are Obtained, but
through the Probate Courts of Ut&h. 1t
seems that an act passed +. Congress in 1874
giving the Probate Courts of that Terri
tory Jurisdiction in suits of divorce for
statutory causes. And the laws OF that
accommodating Territory provide that If
the Court is satisfied that the applicant is
resident of the Territory and wishes to
secure one, it may grant divorce for
desertion, habitual drunkenness, inhu-'.
man treatment, conviction OF felony, and
where it shall be made to appear to the
satisfaction and conviction of the Court
that the parties cannot live in peace and
union together, and their welfare requires
separation" If the applicant is not
resident of Utah, he or she has only to ex-
press wish to become one, and stay at
home while the application is made by
her attorney there, and If no charges can
be made against the other member Of the
matrimonial firm, il is only necessary to
satisfy the Judge that the pair cannot live
happily together, and their welfare re-
qulres separation. In short, unmarry-
ing in that Territory is easier than marry
ing, and almost as cheap. OF course, the
defendant has the right to appear, and
shall receive proper and timely warning
of the proceedings unless in case of alb
sence provided for" A prominent di-
vorce lawyer at Salt Lake City says 1.-THE
timely warning is given the defendant,
either by publication in newspaper here
or otherwise, as ordered by the court, fire.
quently at suggestion of COUNSEL" In
other words, the divorce lawyer in Utah
fixes the matter with the Probate Judge,
and, in cases where it is undesirable to let
the defendant know of the pending suit,
the " timely warning" is given in such
way that he or she shall know nothing
about it, and it takes only small sum of
money to fix things beautifully for the ap-
plicant. And the Supreme Court of the
United States has decided that if a decree
of divorce is conclusive in any State or
Territory, it is equally conclusive any
where in the United States. And thus the
divorce granted by the Utah Judge Of
Probate in collusiOn with divorce lawyer
is a tinality. The Chicago Tribune thus
happily summal izes tine whole proceed
lngs as follows:
tired of his wife. He applies to Brown a
lawyer to know if ne can secure divorce
without publicity Brown writes to
one of the divorce brokers of Chicago, and
receives favorable reply. The Chicago
broker will procure the bill for, say $3.50.
The Oshkosh attorney charges his client
5000, and pocketing $50, saves the re-
mainder for the middleman in Chicago.
The latter sends the application with $75,
or with promise of $75, to George
Webster at Salt Lake. Webster files his
declaration. Smith is not resident OF
Utah, but wishes to become one,' and
the Court decides to hear the case. Mrs.
Smith has not been notified, not even by
publication in Territorial newspaper, for
time is precious to Smith, and he don't
want any delay. So Mr.. Webster 'sug-
gests' that the defendant be called at the
door when the case comes on, or that q
notice be stuck up on tree, warning Mrs.
Smit$, !, of Oshkosh, of the pendency OF the
suit md her duty to attend to it. The
case comes on; nothing appears against
Mrs. Smith none of the statutory reasons
for divorce can be proven against her.
But the Court makes up his mind, for rea-
sons not necessary to be given here, that
the parties cannot live together in peace
and union, and that their welfare requires
separation The decree is entered up,
therefore, and Mrs. Smith, of Oshkosh,
without warning or thought of such a
thing, is turned out of the home she has
assisted to gain, beggar on the streets,
dQu Will Tie stlSiud VI d ulfOlCCu WOhAaAA
resting on her."
This is what the advertisements of di-
vorce brokers who promise to procure di-
vorces without publicity mean. There is
no humbug about the business which is a
shame and disgrace to our laws. The
act of Congress which makes such a scan
dial possible ought to be repealed at once
But while this disreputable busines.
should be promptly stopped by act of
Congress, something ought to be done to
give the country uniform Divorce law.
The anomaly of one code of Divorce laws
in one State, and another in another State,
thirty seven different sets of statutes on
this subject in the Nation, ought to be re-
moved. 1t is the source of constant an
nOyance, vexation and injustice, and be-
comes more Objectionable with the in
crease of the population and the facilities
of removal from State to State. Either
the whole subject of marriage and divorce
legislation should be given over to Con-
gress where 1t rightfully belongs, or the
several States should agree in adopting
some uniform code. The present conflict
ing and contradictory legislation which
binds parties in one State and releases
them in another, pronounces them legally
married in New York, and liable to i'm
prisonment for crime in Massachusetts,
is something worse than a delusion and
snare There have been several instances
within couple of years, in which wives
were surprised to find that they had been
divorced without even knowing that ap-
plicaticn had been made. They found
themselves friendless and homeless and
tainted with suspicion, had without cause
or remedy. The case of Mr.. James Par
ton, whose d hrriage in this State cannot
be recognized in Massachusetts, is still
fresh in the public mind. This conflict
of legislation not only embarrasses good
people, but it enables the INSCRIPTIONS
and immoral to take advantage of the un-
suspecting to their injury and that of the
ommunity.-N. Y. Graphic.