Morning journal and courier., 1883-01-30
SarruaI aao Goalrier.
Tuesday, Jan. 30, 1883.
DIVORCE.

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 The divorce laws of Kentucky recognize thirteen causes for divorce, and in that State, I as in other States where legislation is sirni- larly loose, marriages are dissolved with shocking frequency and ease. Vice Chan cellor Simrall, before whom 8 divorce case recently came, took occasion to make some remarks which the Kentuckians, and people in other States also, will do well to ponder. He believes that If the court records of Ken lucky were searched the search would dis. I close such a state of facts as to the number of divorce suits, and the rapidity of their in crease in the last few years, as would fill the great mass of right thinking people in the State with amazsment and disgust He thinks it is nighttime thas the people were taking this matter in nnd and says: They should see to it when the next legislature meets that the law on this subject is thor oughly reeonsidered and radically changed. The fault is not ordinarily with the courts, because whenever one of the statutory grounds is clearly made out the law requires that the divorce shall be granted. It is true that these applications for divorce are main ly among the lower classes, but the substrat- um of society most of all needs protection. It is very questionable whether the Catholic theory is not the true theory; that divorce. except for adultery, should only be from bed and board. The court is confirmed in this view by the apparent fact that, in many, if not majority of divorce suits, some other man or woman is at the bottom of it, with the expectation of new alliance When it fo ho E1ok~ lifetime business, and that separation by divorce can, ordinarily, only be from bed and board, the evils of this abominabls nui- sance will be greatly mitigatsd. .tFor better or for worse,' through evil as well ss through good report, ' should not only be the nominal, but the real conditions of marriage. Add to this moderate exercise of the scrip. tural authority of the husband as the head of the household, and contentious and aliena- tion will soon cease, and there will no longer be much occasion for divorce suits. ~
 The case which led Vice. Chancellor Sim rall to made these remarks was very singu- lar and dissgreeable one. The plaintiff, woman of seventy, sued her husband, now ninety years old, for divorce on the ground of abandonment. She applied for an injunc- tion, also, to restrain him from disposing of his property, some $15, 1000 in stocks, bonds and real estate, in order that when she was finally separated from him by decree of the court, she could require him to pay her 8 monthly allowance of $50 during the remain der of her life. The old man answered
 denying the charge of abandonment said that his wife had grown tired of him and left without any fault of his that he was unable to keep up two establishments or support her separately and apart from him i; and he closed his answer with these words
 '"Thsre is nothing to prevent the plaintiff from returning to his home, and he wonld welcome her back, as though nothing had happened; and he now invites her to return and share with him such comfort as his small income permits him to enjoy" This answer was filed on the 30th of October and no proof has since been taken. The Vice Chancellor has refused to keep the case open any longer for proof. In concluding his decision he said 'tIf the plaintiff will only be little patient, she will soon be divorced by higher tribunal, whose judgments are infallible and far more effective than any this court can render. It is the opinion of the court, as said by defendants counsel, that she, fin common decency, should be content to wait Let the petition be dis missed"