Sacramento daily record-union. [volume] (Sacramento [Calif.]) 1875-1891, 1883-06-20
nIckgRsoWs CASE nor EXCEPTIONAL

h1GhlE-sOAR . Gh5a MOk AAL5E G-OHAL
No subject in the social field of public
consideration is attracting more thought
full attention now than that Of divorce and
the abuse of the laws permitting it. Some
of the pTofoundest thinkers of the day
have made the matter the subject of elab-
crate essays, and these have ell been of
siugularly uniform agreement upon three
points. First, that nearly all the State
laws on marriage and divorce are faulty !;
second, uniformity of laws on these sub
jects is imperatively demanded third, the
facilities for divorce must be decreased
An extreme class Of easayists hold that the
cure-all for the present evils will be found
in a national marriage and divorce law.
We have several times referred to this
subject, for it is constantly presenting new
phases. The topic has been revived by
the recent case of Major Nickerson, which
constitutes one OF the most nsgrant out
RACES upon justice of which the public has
been informed, But it is to be noted that
Nickerson's case is notorious because he is
an army officer, and because his two wives
are connected with social circles of more
than ordinary prominence. There have
been hundreds of cases like, as bad, and
worse than his, of which the general pub
lie has never heard, but of which every
lawyer of average practice is fully aware.
In fact the abuse of the divorce laws in
most States of the Union amounts to
quasi legalizing of pOlygamY and prostitu.
tion. Take the case of Major Nickerson.
Married to a worthy lady, with whom he
lived happily ten years, he sent her to
Europe with her children on pleasure
voyage. There was rothing whatever un.
pleasant in their relations. The wife loved
and respected her husband, and appa-
rently he reoiprocated her affection.
But no sooner had she gone than
ne instituted proceedings for a decree
of enforcement, and this he obtained not
only without the knowledge of his wife,
but while be and she were actually main.
tanning the most shectionate correspond
sncs. On the signing OF the decree the
Major married young lady, who, SO far
as now appears, was innocent of his chi.
canery. The first wife returns. learns of
her husbands infamy, attacks the decree,
and the Court sets it aside. The army eff.
cials arraign Nickersou, the officers Of the
law seek for him with warrant, and be
becomes a fugitive. Now it is clear that
Nickerson could not have carried out his
villainous scheme had the laws been what
they should be. Bat what Niokerson &C
complished in divorce through the mschin-
cry of the law in one locality has bsen
very frequently done in divorce proceed.
ings in many States o; the Union,
and quite frequently in California.
II need be the proofs of the pos.
sibility of divorce under the California
Code without the knowledge of the de-
PENDANT, either actual or constructive, or
without the knowledge of either party, can
be furnished. We are prepared to 60 fur
ther and assert thst while many haudu-
lent and collusive divorces have been
obtained under cur laws, no person con-
nected with the frauds has ever been pun
ished. Furthermore, it is sn ordinary
matter of common occurrence in the Courts
OF CaIiiornis for one Of the parties to prove
and the other TO admit unchassisy, in order
that some footing may be made on which
TO enable the Court to base decree of
divorce, and though these proofs are OF
daily record in the Courts, no man or NO.
man is punished for adultery. If the !
criminal laws were invoked, it is probable
there would be less shamelessness and e.
frontery IN this respect. Under the laws
Of Californis, as Of most Of the States, it "a
comparatively - sSsy matter for msn
whose wife has worn eas the freshness Of
her youth in The cares q tie Household, !