New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1883-10-07
A GENERAL READyUSzMENTNEEDED
STATE LAWS SHOULD BE UNIFORM-H. B.
TURNER SPEAKS.

Herbert B. Turner, of the firm of Turner. Lee
& Mcclure, was seen by a TRIBUNE reporter.
:" 1t seems to me-" said Mr. Turner shat
the whole law Of divorce needs readiustment
tending IN the direction of uniformity between the
various States, and think matters are tending in
that direction already. The we'll GnOwn of he
People Va. Baker was the lasJ straw which broke
the camePs back. In that case the defendant mar
RED a woman and resided in this State. His wife
left him. or he left her, and she obtained an Ohio
divorce en- the ground of tescrton, as she was a
resident of that State The husband did not appear
and service was made by publication. Some years
afteIward, thinking he was q free man, he married
again, and was prosecuted for bgamy, found guilty
and sentenced. The grounds Of the decision were
that es he had not appeared ia Ohio, either person
ally or by counsel, ths decree OF divorce, though
valid in Ohio was invalid in .Now-IOrk. Thus lie
was an unmarried man in one State and married
man in the other Surely this is Z strange anomaly"
ado you thinK the Legislature could enact law
rendering the marriage in another State Of a man
disabled from marrying IN this State invalid in the
New-York courtsH"
81 hardly think So It'll principle of law that a
marriage valid where it is contracted Is valid every
where unless il be of nature considered mcestuous
in one State or country though legal in another. 1t
has been decided too that the decree refusing per-
mission to remaIry is to DO considered merely as
pTOhbtive measure.
" Are You in favor of this prohibition"
= No, | do not think il is altogether advisable.
do not think that any unmarried man in the COM
munity should be prevented by law from marrying
What has 10 be guarded Pains however, Is the fact
thar man may commit adultery Tor tho sake OF
having q divorce obtained against HIM and thus
being made free to marry again. This, however.
can be provided against by exercising the greatest
care IN granting DEGREES" ~
" Do you think that care is now exerCsedY"
- Yes | do. | think the Judges are admirably
scrupnlOus in examining all evidence submitted to
them -,
Are you in favor of holding divorce proceedings
IN open court ~
{" [ think the present referee system excellent
one The evidence of detectives is never admitted
without confederation from other sources. ana the
greatest care is taken TO prove actual service"
u DO Won think the Bar Association ought to ta ko
steps to punish dsrepulable divorce practitioners
1t IS no denying that great evils do exist ana
that there raScals the legal as well as In other
professions but evidence sufficient to disbar man
has to be 50 overwhelming that it Is almost lnpOSs
bic to secure it the majority of cases Besides tho
association IS bound only To proceed against its own
members and do DOT think any OF these gentry are
included OH our list OF members
"What is your personal opinion as to the pro-
hibitive decree y
al do not think 1t answers any useful end.
Reform il reform is needed, should be In the
direction OF securing uniform State laws as to mar
riage and divorce"