New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1884-03-10
DIVORCE LEGISLATION.
SHOULD IT BE STATE OR YATI0NALl

LEGISLATU2E-UN INFORM STATE LAWS or NAr
TIONAL LAW URGENTLY DEMANDED.
lFRoN rHE REGULAR CORRESPONDENT or TIE TRIBUNE.
ALBANY March 9.-Before the legislature mel
there considerable agitation in favor Of amend
| ing the divorce laws with a Wow Of diminishing tho
| number OF divorces. IL was also urged that the
divorce laws should be made strictcr n order 10
prevent fraudulent divorces. When tie Legisla.
ture assembled, however, interest in the subject
seemed to be less Perhaps it was not less, but
only less expressed. No delegations Of citizens or
clergymen-the class of the community that las
manifested the most alarm ever the increasing num-
Der of diyorccs-haye since appeared before the
Judiciary Committee Of either the Senate Assem-
bly, 10 ask for a strengthening of the divorce laws.
AS for the Schators and Assemblymen they have
seemed we'll content not to have their attention im-
Fortunately called to the subject. Recently there
have been some shocking revelations OF mock dlvor-
ces in Brooklyn, but still the Legislature does mob
seem in mood to amend the divorce laws.
NEED OF UNITED ACTION.
What is the cause of this apathy An amend.
ment of the laws of this State would have little
effect if it were not sustained by amendments Of
the laws of all the other States of the Inon,' is
the reply that leading members of the Legislature
make when asked this question. There must bs
united action by all the States divorce laws, and
uniform divorce law must be passed, in their
opinion If there is to be any reform in divorce legis-
lation. Action by New-York State alone, they
think, would not appreclably decrease the number
of divorces. 1t would be a great blessing to the
United States, they say If the contradictory divorce
laws could be harmonzed, as in their present cond-
ton they the source of an infnitude of misery.
In the opinion of most of the lawyers, united action
can only be taken by the mutual consent of the
States. Most of them think that Congress does not
possess the authority TO pass n uniform divorce law
and that the Constitution of the United States will
have to he amended in order that it may have this
authority.
There seems to be general feeling that there
ought to be conference of the leading men of tho
several States to consider the subject.
GOVERNOR CLEvELAND's VIEWS.
Governor Cleveland said recently, when asked if
he thought that the divorce laws ought to bo
amended: 4" I have not thought anything about it.
because divorce cases rarely came under my view
while practising as a lawyer. never had but one
divorce case myself. There certainly is terrible
amount Of suffering owing to divoree-but do noa
know what can be done to prevent it,"
:" Some persons favor National legislation do you,
GovernOrp
"There certainly ought to be uniform legislation
by the States. Regarding action by Congress, there
ls this to be said that it is doubtful the Constiti,
tiOn permits it. The relations of the citizens of q
State to each other, isn't that of the reserved
tights of States Uniform action and uniform di-
vOrce laws might perhaps be secured by ventIon
of the representatives of the various States There
is much suffering in consequence of the CONTRA
dlctory divorce laws of the several States that it
might be worth the effort. Under present laws a
man is held to be married in State and not mar
ried in another. Our Court of Appeals, | believe.
recognizes marriages made In other States but not
divorce In all cases. do not think that tha
grounds for divorce in this State should be changed
they should not be made less severe at least. Pub
lie opinion, think would approve of more string.
eDt divorce laws"
ATTITUDE OF THE LEGISLATURE.
The members of the Legislature are of about tho
same opinion as the Governor Yet they are disin-
clned to take any steDs to amend the divorce laws
Their last act the subject not to which they
look back with any satisfaction. 1t permits tho
remarriage of person divorced for adultery. who
shall satisfy Court that he she has lived an ex-
emplary life for certain number of years after tho
divorce was granted. That law was passed at the
solicitation of an eminent politician who desired TO
marry again after being divorced. Ii only after
two years labor in Albany that he persuaded the
Legislature 10 pass the bill. Governor Robinson
signed it, despite the protest OF many clergymen.
A member of the present State Senate has planned
to Introduce bill permitting the absolute de
NOfCc Ol persons VINO nave not lived toLetnef lor
ten years but the sentiment In the Legislature has
thus taI been strong against any relaxation Of
the divorce laws that be hd. not deemed It prudent
TO Introduce the bill
FOR AND AGAINST A NATIONAL LAW
Senator Ellsworth, the chairman OF the Senate
Judiciary Committee, when asked his opinion of d-
vorce legislation, said: am inclined to think that
Congress will have to deal with the question OF di-
vorce because the laws OF the various States 50
hct that it is useless for State u attempt
form There might perhaps Will wisdom be stTicter
laws passed in regard to the registration Of mar
riages in this State Make the act Of marriage moro
formal and difficult and there will be fewer dyor-
ces. The difficulty III one State dealing with d-
vorce IS this that State lines have been obltcrat
ed by the railways that the States practically
one yet the laws of each State are different; You
are held to be married in one state, yOa are held
not to be married IN another you can step
across the line from State 10 another and at
once come under entirely different laws in regard TO
divorce. There should be a National law on tue
subject"
Yet all the members of the Judiciary Committee
are not in favor of National legislation Senator
Titus, another member OF II, says 81 doubt II
National legislation is practicable One OF the chler
arguments in favor of National divorce law Is that
the rights of children to property are endangered by
the contradictory state laws. Well, the laws of
Inheritance are well defined III this State. You can
easily trace the ownership; there strict rules
tile subject | think il would be- well to have the
laws respecting marriage more strictly defined.
| hat might lessen the number Of div NOrcrs But in
my opinion people satisfied with the divorce
laws of this State just as they are. They don't
want them relaxed OF made more stringent There
ought to be strict registration Ct every marriage
80 that a woman could tell whether he or
,he is married or not 1 would support such blll'
IARDsHIPs WROUGHT BY DIFFERENCES BETWEEN
STATE LAWS.
Senator Robinson. who is a lawyer, thinks that
he United States should pass divorce law. He
aid: :" agree with Senator Ellsworth that National
egslation Is the only solution of tue divorce prob
EN-. We do not grant an absolute divorce except
or adultery. A man goes into New-Jersey and gets
/ divorce for another reason. What can we do