The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1856-1888, 1878-02-09

his country; and VIC claim that if divorce be al
lowable at all by law, the right should not be
placed beyond the reach Of the poor by exhorbit-
ant charges which they cannot meet. Some may
think that this class of our people have no time
to be unhappy, and that their married life is one
continued round of sunshine and joy, and that
pickering, strife, cruelty, and conjugal infidelity
are to be found only among the wealthier classes
OF the community; among those g who are well
able to pay for the expense of being released from
a rueful bargain, or the consequences of a capri
clous taste We have lived many years among
the Hawaiian people, and claim to have a fair
knowledge of their private life, and their general
social state, and We declare, without hesitation,
that such a view is utterly unfounded, and alto
gether contrary to the truth. How often does a
suit for divorce come before our courts in which
the parties are found to be of the wealthy or
well-to-do classes of the people? Are not all the
lItigants, or nearly all, to be found among the
poor! This being SO, our assertion that the costs
are too high stands good; and if divorce, for rea-
son, is a legal right, to be claimed by those ag-
grleved, we think those costs should be reduced.
1t Is true that the Police Courts can take copniz-
ance OF cases of adultery, assault and battery. or
other personal injury. We will suppose a wom-
an Is arrested for the first of these offences. and
the case comes up in the Police Court. The crime
Is proved TO the satisfaction Of the magistrate
ana the penalty prescribed by law inflicted.
Now, who, in the nature of things, will have to
pay the fine? Her husband, probably. for if he
wishes to have redress for his wrong in the higher
court he Is debarred at the very outset by the
costs which are beyond his power to meet.
we would ask, why would it not be well that
the law should be so modified that the Police Mao
%lstrate, or District Justice, in clear cases. should
be clothed with the power which, in this respect.
is vested in the Supreme Court? To tell the ap-
grleved husband or wife that they have their re-
dress Tor the great wrong done, in a suit for d.
Vorce, is Il denial of justice, and absolute mock
cry.
The difficulties placed in the way of divorce
Jana when we speak of divorce in this general
manner we mean divorce for good and sufficient
reasons) by the Phillips Act, which is now our
law on this important subject, have led many to
quietly divorce themselves, and form new ties.
unblessed by priest or judge; and thus NAV be
seen children growing up who have no legal
name or status in the land. Their PARENTS can
not marry, for they have not been legally divorced
from their former partners, and these children
are oil course, MISUNDERSTANDING. Will the
6d1etfe complacently tell us that the remedy for
such a state Of things would be worse than the
The Gazette is not fair in its quotation of our
remarks upon the cause of the celibacy so prev
alent among the young, for it does not answer
the question which formed a part of the same
sentence and which was the very point at which
aimed in speaking of the subject. We ag-
serted that our divorce system led to much of that
and asked what was the result. Our
cotemporary quietly declines to answer. but gives
his understanding of our meaning, which IS quite
contrary to what we meant, and to what we
think a lar construction of our language should
have led. We think it unnecessary to saw that
We do not approve of a law that shall allow
to go into court and obtain divorces .t
heir own sweet will.
Our ~neighbor says that the remedy for
EXISTING evils in this community, so far as
he marriage relation is concerned lies deener
Io"n' and must be looked for by teaching a
Igher moral standard etc., etc. Just 80. that
what has been going on for the last fifty wears.
nd still our divorce laws are altogether short of
that we need and SO long as they discriminate
nd bear so heavily upon the poor, we shall not
to advocate such notifications as riobt
nd Justice demand.