New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1883-10-07


The question of service" is a serious matter;
and although the courts stringent in the proof
they require on this subject, the requirements are
frequently evaded. A woman came INTO the Clerk ;
Office of the Superior Court few days ago and
said, with perturbation. that she lived IN New
jersey. and had not seen her husband for a long
time; but that she had just learned that divorce
had been granted to him In that court, although no
notice of the suit had ever come TO her
knowledge during its progress clerk locked mp
the records, and there, truly enough was the entry
OF the decree made several months previous This
is only one illustration of the many instances where
service is made " by publication" and the defendant
remains entirely ignorant Of the proc edings until
they ended. Referees may scrutlnize The testl-
mOny upon the question of service, and judges may
Te-examine it with the greatest care without pick
ing any flaw IN what is often tissue OF fraud. SO
fragrant have these been at times that one of
the Justices OF the Supreme Court has been driven
TO suggest as aTemedy that Judges thcmselYe-. IN
instances where they have reason to Suspect chcan
cry, should have poWcrto send out detectives OF
their OWE choosing to investigate the matter IL Is
sometimes SAID that the fact tnat the payment OF he
fees of referee viii often depend upon his favor
able decision IN uncOntested divorce case has Its
weight with him in making his report but 10 may
fairly be answered that the character OF the men
who ordinarily are selected as referees places them
above the suspicion OF such reproach.
LACK OF UNIFORMITY IN DIVORCE LAWS
Another of the universally recognized sources of
evils Of this character arises from he great diversity
of divorce laws in the various States The variety
Is almost as great the number of States the scale
as North Carolina and Texas, where a wife cannot
obtain divorce for clearly proven act of infdeliy
on the part Of her husband, but where she must
prove that lie has been living in adultery
TO the laws of such n State as Indiana, where
until recently the courts might grant divorces
where they deemed it reasonable and proper. or
in Maine, where the matter is still left TO the dis
erection of the court. In NeW-Jersey and Maryland
adultery and desertiOn the only causcs for aUsO
lutte divorce arising subsequent 20 marriage. In
California, Colorado, Florida, Kansas Missouri aud
! - vol In on "A
desert" cOntinu ID for one year is ground for absO
lutte divorce. In other States the time Is two
years. IN thirteen others il Is three years. IN Lou
isilna, Rhode Island and Virginia It Is five years.
In New-YOrk and several other States desertion Is
ground for partial divorce only, and IN North Caro-
Ina and Penus, lyalAIa 10 not the basis of any
kind of divorce FL Tennessee a divorce may be
granted to a man from a wife who has refused TO
move to that State with him.
There is equal variance on the question of cruelty
as a cause for divorce. In Alabama and Kentucky
this night exists only III favor OF the wife. In
govcrnable temper" IS sufficient cause. In thirty
of the states o person Is freed from union with
husband or wife convicted of felony In seven of
the States habtual drCnkenness continued for one
wear IS good cause in Illinois and Oregon il is two
years; IN New-llampshiTe and Ohio il IS three.
Refusal to provide for wife Is made ground for
divorce either partial absolute, IN several Statos
Insanity existing at tue time OF the marriage IS
ground for annulmcnt in most of them. In Ken
lucky the issue OF marriage dissolved for mental
incapacty are Legitimate; IN Rhode island they are
illegitimate. wife may obtain o divorce
in Missouri on the ground that her husband
is "Yagrant." From lS49 70 1873 the courts Of
Connecticut were empowered by statute to grant
divorces for any misconduct permanently destroy
iug The happiness OF the petitioner and defeating
the purposes of marriage" La Rhode Island, Maine
and Kentucky the law is scarcely more definite to-
day. South Carolina Is the only State in The Union
where a divorce cannot be obtained Tor any cause.
In 1873 the Legislature repealed all acts aud parts
of acts relating u divorce. There are few States
besides New York where the reference system is
authorized. In Georgia no absolute divorce can be
cd y
lures. In Kentucky "a jury shall not DO empan-
eled in any action for divorce, alimony or main
tenance"
Among the laws regulating marriage several of
the States forbid alliances between persons of
different race or color. Such laws have appeared
at various times upon the statute BOOKS OF seven.
teen of the States. Maiy Of the States also Tegu-
late the age at which persons NAV marry. In New
York there Is one statutory provision TO vary the
common law requirement that the parties be
spectYely fourteen and twelve years of age except
the enactment that If a woman marry under the
age OF fourteen years without the consent OF father
mother or guardian such marriage Is yOdabie. A
number OF the States fix various other ages. There
are several other grounds for the annulment of a
marriage in New-YOTk but an absolute divorce can
he granted only on the ground of adultery. par
tiaf divorce or separation" may be granted for
cruel or IDhuman treatment; such conduct on the
part of the offending party renders IT unsafe and
improper for the other to live with him or hers
Abandonment, and, where the wife is plaintiff,
neglect or refusal Of the husband to provide Tor
her.
States leads TO endless complications particularly
arising where married persons before or after
divorce move from one State into another; or where
they change their places OF residence 10 eyade some
laws or 10 seek the privileges accorded by Others.
A prominent lawyer OF this city IS now suing for
divorce in Connecticut, Tor reasons which would
not enable HIM 20 secure one here He took a sum-
mer homo in one OF its pleasant towns, and 30
acquired a residence" there while he was coming
every day 10 his business in NcY-York. There Is
upoD the calendar OF the Supreme Court, Special
Term the of woman W no is suing Tor divorce
4. IVtg1,a md WI 10 IN Dt lar.
income but VINO has kept out Of this State TO avoid
being Obliged to support her or pay her allmony. A
few months ago he rented n house in Providence,
r. l., aud then began suit against his wife for
diVOrce making the service" upon her by publca-
tlon The consequence. was that she had no
knowledge Of the proceedings until they were COM
pleted and only learned Of them recently by acCl-
REMEDIES THAT ARE SUGGESTED.
The remedies proposed for the existing divorce
abuses and evils are several. 1t is strongly urged
that the most immediate necessity in this State IS
the massage of law that would meet the require
ments snggesed by the Court of Appeals In tue Van
Voorhls case; that is, law that would explicitly
make it unlawful for guilty divorced person to
marry outside this State as well as within It's limits.
Some think also that such act should be made
a criminal offence, punishable by heavy
penalties. A law analogous TO the former one
Is i'm force III Massachusetts, and has been upheld by
the courts of that State as effective. Another
remedy proposed is that all cases should be tried In
open court in order that the publicity given TO the
faets might restrain persons from hastily beginning
snch proceedings as we'll as afford better Opportu
nIty to scrutiniZe suspicious testimony IL Is also
ur0ed that greater efforts should be made by such
an organization as the New York Bar Association 70
bring TO punishment and 10 dIsbar such members
of the legal profession as are detected III fraudulent
or dsreputable practices in obtaining divorces for
their clIeIts. ,
But il is admitted on all sides that these are
merely temporary expedients which may relieve
Tithout eradlcating the evil, and that the genuine
remedy can only come through an amendment to
the Constitution of the United States, permitting
The passage by Congress of divorce law 10 be uni
form throughout the Union.
q. q n q, nuL .,VCn E1E EYpOOEn