The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1856-1888, 1878-01-26
OUR DIVORCE LAWS.

We have much law i'll our Statute-book in re-
gard to divorce matters which we do not think
wise or expcdient, and which we would like to
see modified, if not completely changed. As our
divorce laws now stand, and, perforce, must be
administered by the Courts, we consider them
| productive of a great deal of mischief, not the
least of winch is an almost utter denial Of relief
to the poorer classes of our people. When we
consider the aggravated circumstances of some
Of the complaints that come before the
courts for adjudication, and reflect upon the
costs to which the partiesare subjected in
efforts to obtain redress. amounting, we be-
lieve, III all cases, to considerably more than
fifty dollars, we are very strongly impressed
that there is Il great necessity for change in the
present laws touching this subject, if they are to
remain anything but Il mockery to those who are
compelled to seek their aid in escaping from the
misery that weighs down their lives. We are
not among those who look lightly upon the sane
tity of the marriage VOW, and desire greater ia
c%ilities for it's dissolution upon any and every
slight cause which may jar the smoothness of
married life. Far from it, But we believe and
know that there are many cases in which Il legal
severing of the tie would not only be a blessing
to the parties concerned, but would be conducive
to public morality, and therefore good public
policy. We need not refer to what all must know
to be the result of refusing a dissolution of the
marriage tie IN those cases in which there are Just
grounds for such action, that is to say, adultery,
cruel or brutal treatment, failure to provide, de-
s~ertion, &c, &c, for these personal considerations
drive the antagonistic and unhappy ones else
where in search of those things they cannot enjoy
at home. AS We have often heretofore shown,
the great law expenses attendant upon this class
of suits in our courts is a complete and insur-
mountable barrier to the poor, and the cruel and
heavy burden of misery has to be borne, and in
too many cases leads to greater evils than any
that would result from removing some of the diff
fculties that now stand in the way of parties who
have Just and reasonable cause to seek the aid of
the law in redressing n - wrong they feel they can
no longer bear.
Aside from these considerations, there are other
reasons why a modification of our divorce laws is
desirable. We claim that our present divorce
system leads to much of the celibacy that is so
prevalent among our young people. They witness
a great deal of the unhappiness that marks the
married lives Of many of their friends, and they
hesitate to incur the dangers from which they see
it is SO hard to escape-and what is the result?
We need not answer, for all know it too we'll.
We will, however, give it as our opinion, that
our statutes upon this subject are answerable
for much of the depOpulation of the Islands, by
causing so many to avoid marriage for the rea-
sons family outlined above.
Our laws are now at one extreme upon this
We do not advocate flying of into the
= IL. 49,, IL 800 Jo-:.o -. r
love - or . affinity doctrine that obtains in
some places abroad, gain a foothold here, for it
would shortly lead to creator evils than any of
which we now complain. What We desire is such
a modification of our existing laws as would give
the poor 1.-THE rich do not need i) a chance to es-
cape from the burden which renders their lives SO
that death often comes as a happy re-
Now what can be done to remedy q state Of
things almost intolerable? The exercise of a lit
tie wisdom on the part of the next Assembly, it
seems to us, is all that is needed to prune down
some of our unwise legislation of the past, so lily
to the present state of the people, and
thus render our divorce system what is required
90 urgently by the wants of our population. OF
course, in matters of this kind, the judges are
clothed with very great power in applying the
Jaw to the Individual cases brought before them.
This should be So; but even the judges discretion
is limited and governed by the letter of the law,
so that if the law-makers desire the good of their
fellow subjects they must take hold of the matter
md legislate some of the anomalous hardships of
our divorce system out OF existence.
This is an unpleasant subject upon which to
write, but we feel it a duty to those who are OPP
pressed by our faulty system of laws touching
his matter to call and recall attention to the
under which our people labor in this
regard, until some remedy is reached which shall
be fair aud just to them, as well as conducive to
he best interests Of society at large.