The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1884-10-19
MARRIAGE AND DIVORCE.
A Proposition That the Laws Regulating
Them Be internationally Regulated.

Philadelphia Special to Pittsburg Dispatch.
'"rhe divorce laws of the civilized world should
be fixed by international treaty, said II. Inder-
wick, q c., member of Parliament from Sussex,
at the Continental Hotel, yesterday afternoon.
The distinguished counselor is tall and shapely,
with an almost Yanke face, steel blue eyes, that
alternately gtared and twinkled at his listener.
There are questions of great Importance in
volyed in knowing the exact status of parties
divorced IN the United States where one Is
English and the other American. Many com
plications arise, and the present condition Of the
law precludes their adjustment"
What are your personal suggestions on the
s%ubjecJF was asked.
The remedy is clear" reioined the Queens
counsel, Strengthening himself back in his chair.
The domlcile of the wife must be taken as the
domicile of the husband. They can obviously
have only one legal residence between them.
Obvious as this principle is, it is not recognized;
but, If fixed, would utterly break up the
bogus divorce business.) When the bona fide
domicile is in the States divorce should
be had here which will be valid throughout the
civilized world. The same principle would ap-
ply to Americans in England. l have had a
great deal Of trouble in England with divorces
granted in this country. Many of them appear
to be allowed on the aimsiest grounds and con-
frmed by judicial decree of the most primitive
kind"
''Give me an instance"
Perhaps the most striking case was that of a
gentleman who formerly held a position as con-
sular agent for this country at Teheran, Persia.
His wife did not like the climate, and, as her
husband would not give up his post, she decided
to get rid of him. She came home to America,
and in one of the liberal States, l really forget
which, applied to a judge for a divorce. 1t is
possible she told him that her husband was
at Teheran, but whether his honor knew
where that city was or not cannot be estab-
lished by the evidence, so far as l know. He
ordered a notice to the husband advertised three
weeks in a local paper, and then granted the
divorce on the ground Of the respondents non
appearance. The woman remarked, and the
husband, being an Englishman, went to Lon
don, He applied to me, and l advised him that
American divorce was a nulity. He then insti-
tuted proceedings in the English courts. and
eventually secured his freedom"
please state the formalities required in Great
Britain
"We have only had divorces by legal process
since 1873" was the reply. Formerly they
were only obtained under the old canon law and
by act of Parliament. The petition must be
served personally on the parties. That having
been done, the subsequent notices can be
sent to the attorney. The judge, however,
has power to dispense with the per
sonal services, if, in his opinion, the
party is evading such service, or cannot be found
otter reasonable search. In that case the petit
ton would be advertised and also served upon a
near relative. Everything must bear the stamp
of good faith. A man can obtain a divorce from
his wife on the ground of adultery, but the
woman cannot be fully released from him by
proving. such q charge. The charge
must have coupled with it that Of
assault or neglect. She may, however,
obtain judicial separation. This puts
the pair in exactly the same position as unmar-
ried people, save that they cannot re-marry.
They can bring action against one another. He
can grant alimo ny, but there are cases in which
the former husband can exact assistance from
the former wife. English legal history shows
many instances, though they are not so common
now as formerly. The Marquis de Caux,
for example, would be entirely within
the English law in demanding an al
lowance from Nine. Patti. The judge
has power to order such an allowance. 1t is
reasonable enough, in my Judgment, because
the custody of the children is often awarded the
father, and his duty is to provide for their fu-
ture. Divorce does not set aside any contracts;
it simply dissolves the relations of husband and
wife"
'FWhat is the prospect for the deceased wifeis
sister," was suggested.
"She comes to the surface regularly. Our
royal family stands sponsor for her; for
what reason l can't for the life of me see.
She will eventually get her claims on her
brotheF-in-law recognized, L doubt not. The
bill only failed in the Lords the last time by a
mere accident. 1t passed the second reading by
a good majority, and the friends of the bill, sup
posing that it was certain to go through the final
ballot neglected to come and were beaten. The
opposition were present to a man. The deceased
husbands brother may then get his rights. A
divorced man can not marry his sister-inElaw or
a woman her brother-inlaw This IS because of
a clause in our divorces saying, The same con-
ditions as if your wife TOR h~usband1 were dead