The sun. [volume] (New York [N.Y.]) 1833-1916, 1882-05-28
Divorce in Massachusetts.

DNOECD uussuChubcttSs
In recent debates in the Massachusetts,
Legislature, facts regarding the enormous
growth of the divorce business in that State
OF late years have been made prominent.
The discussions grew out OF the introduction
Of bill to transfer divorce cases from the
Supreme Court 10 the Probate Courts.
1t was commended by the advocates Of the
bill that the Supreme Court was overbur-
dened with work because Of the great and
increasing disposition TO seek its aid to break
up matrimonial unions. Such cases I'M
doubtedly take up large share of its
docket, and as the Judges must exercise
much care to detect and prevent fraud and
imposition, their time is largely occupied
with divorce business merely. The applica-
tions are 80 numerous that some OF the
Judges have become experts at it, Very
strong efforts are constantly made to obtain
divorces where the respondents do not APP
pear to object, or where il seems that they
are ready to assent; and tricks OF many
kinds are resorted to for the purpose of gain
ing the dissolution of marriage desired.
This is true of all parts OF the State. On
the seacoast, in the old fishing towns, In Bos-
ton in the manufacturing centres, in the
staid cities OF the interior, and in the agri-
cultural communities Of the western coun-
ties, the divorce business is always active.
Reports OF divorces applied for or granted
appear weekly in the little country news
papers of the State, and they are read by the
people Of the neighborhopd without surprise.
The region has grown accustomed to them.
Very many of the applicants too, are young
naOnIp pirlG who ha pulv 81 little bp-
yond the murriagoable age.
This growing disposition TO throw off
matrimonial bonds is displayed chiefly
among the native New England population,
among the descendants OF the Puritans. The
Irish and the French Canadians, who make
up so considerable part Of the manufacture
ing population, are Roman Catholics, and OF
course they are debarred by their religion
from taking advantage OF tho opportunities
for divorce offered by the State laws; for
usually where divorce is sought the appli
cant wishes to be free to marry again; and
the Catholic Church forbids marriage while
the husband or wife is living, no matter how
totally the marriage VOWS may have been
diSregarded by either and no matter whether
the civil law grants the privilege or not.
1t Is not too much to say that the frequency
of divorce, and the growing disposition to
look forward to 1t as possibility II not a
probability, the decline OF the old prejudice
against it, and the acceptance of it by the
community as a matter of course, have tend
ed to undermine the sacredness of the
marriage relation in Massachusetts. Though
the courts may be less precipitate there in
granting divorces than Indiana courts were
A. -, ,NI
in large share of the cases that the old Bay
State is beginning to take the lead in the
divorce business, at least to approach very
nearly to that unenviable distinction.
The attempt In the Massachusetts Legis-
laturo to transfer divorces from the SUI
preme Court to the Probate Courts, it is
alleged by u correspondent OF the Boston
Advertiser, is intended not to lessen, but to
increase the facilities for obtaining divorces.
By long practice, as we have said, the SUI
preme Court has learned to manage this part
OF its duties with great experiences. 1t is
familiar with the customary frauds and on
its guard to detect them. 1t has made es-
pecial rules to secure protection against i'm
position, and has thus somewhat stayed the
tide Of divorce. In the Probate Court, ac-
cording to this correspondent, more favor
able field OF operations will be furnished for
the multitude now seeking to go back on their
matrimonial promises. There the divorce
lawyers will have better chance. Yet the
bill was last week passed by one branch Of
the Legislature.
| If what that writer says is true, the divorce
lawyers must exercise a very powerful intiu-
ence on the Massachusetts Legislature. They
already have their hands full of business, but
they want to still further swell their profits,
and seem likely to succeed in their efforts
| Yet, almost without exception, the Protestant
churches OF that State and New England gen
orally are crying out against the existing
freedom OF divorce and the loose ideas which
now prevail regarding the sanctity Of the
marriage relation. That the people are in
different to great extent to their protests
is evident enough. Even the members Of
| their own communions rush forward to take
advantage OF the comparatively easy divorce
| laws of Massachusetts, laws based not ON
Scripture, but on the theory that marriage is
merely civil contract with which religion
has nothing to do necessarily.