Sacramento daily record-union. [volume] (Sacramento [Calif.]) 1875-1891, 1884-02-16
DIVORCE REFORM.

The Governor of New York has advised
the Legislature of that State to inaugurate
movement to secure adoption by the
States of the Union of uniform laws on
the subject of divorce.
This is a wise suggestion. There should
be no reason why the laws of the several
divisions of the country should not be in
harmony both as to marriage and divorce.
Nothing but mere opinion can divide the
States in this matter, for there is involved
in it no question of right OR political pol
icy, The common object OF the States is
to conserve the greatest happiness of the
people; to encourage matrimoDy to dis
courage domestic infelicity to develop the
best citizenship; to prevent fraud and coll
fusion in divorce actions. It is not think.
able that any people of any State desire
any other policy to be pursued. A con-
trary assumption would be an insult to
their intelligence and sense of decency.
So, as We have said, whatever prevents
agreement can be merely a matter of opin.
ion as to the best methods for the attain
ment of an agreed end. The divergence
of opinions will be broadcast upon the ques-
tions, what shall be recognized as causes of
| divorce what shall be the rule as to juris-
diction. and what comfy shall prevail
for the recognition in the several
States of the DEGREES of the Courts of
each? Collateral questions for settlement
will embrace suiticiency of notice and SER
vice what shall be deemed residence, etc.
Upon these subjects we cannot expect
any ready concurrence, but it is a hopeful
sign that the Executive of the chief State
of the Union has taken the initial step
toward contamination devoutly to be
wished, and which we believe will be
attained-else our whole system of oiviliza.
ton must turn backward. AS for the
proposition for national marriage and d.
vorce lawe, we do not believe them feasible
or possible of attainment.
Governor Brown, of Rhode Island, has
also discussed this matter in his annual
message. He deplores the rapid increase
Of divorce DEGREES for trivial causes, and
alleges that the statutes of that State prac.
tically limit the causes of divorce to the
discretion of the Court. He advises legis-
lation to prevent fraud and collision, to
compel trials il open Court, and to require |
the witnesses to appear in Court. Obyi- |
ousIy this latter would not be wise rule,
since the processes of the Courts cannot |
reach witnesses in all cases and compel |
their attendance, and to deprive a wronged |
party OF remedy because of that fact will |
be doing injustice.
Tee discussion in messages by Governors
will, however, aid the movement to secure
agreement between the Legislatures of the |
States. 1t would not be difficult if the
Governors of all the States would unite III
the effort to bring about conference
within three or four years, thus giving all |
legislatures opportunity to send represent
atives to such a council as Governor CIeve.
land advises.
The disclosure made in San Francisco !
this week of fraudulent practices in divorce
brings this subject prominently forward.
That it Is possible for fraudulent decree
10 issue is a shame to our legal system. If |
the law had required the presence of either |
one or the other of the Wagers in open
Court there could have been no such i'm.
posture as it is alleged was practiced. 1t |
is charged that Wager procured an attor-
ney to bring an action for divorce against |
Mrs. Wager. In due time the attorney
presented Wager With Court decree,dis.
solving the bonds of matrimony between |
the Wagers. Wager thereupon married |
again, and is now under the liability of |
charge for bigamy at the instance of his !
first wife, for the decree was forgery.
But if Wager had known that it was i'm
possible under our lava for such a decree |
to lie made except in open Court in his |
presence no such fraud could have been |
practice1 upon him. Our laws, however, |
do not so provide. 1t is safe to say that |
IN seven-tenths of all divorce cases the
Court never sees either party to the action.
Not long ago we were at pains TO Illus
trate how under our laws it is possible for
a man and wife to be divorced without the |
knowledge of either of them, and a case
arising in this city furnished the text for
the illustration. California is quite as
much in need of reform in her divorce laws
as any other State in the Union.