New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1889-08-11
REFORM THE DTVORCE LAWS.

The Flacl divorce case affords an effective
illustration Of the necessity. which THE TRIB-
uNE has frequently pointed out Of change
in the statutes Of this State affecting the status
of parties after DEGREES in matrimonial actions.
Since the decision by the Court of Appeals in
the action of Van Noorhs vs.. Brintnall in
1881, the law which the courts have been
compelled to apply to certain class OF cases
has brought about a situation that is dis
grace to the State.
The defendant against whom decree oil
absolute divorce is granted in New-iork Is
forbidden by the terms of the decree to re-
marry during the life of the successful plaintiff
To marry in this State while under this ban
would be bigamy, and the offspring Of such
union would be Legitimate. But there are
other States, as New. Jersey. for instance. where
such marriages are permitted. What then
would be the situation if person against whom
such decree were outstanding should, for the
purpose of evading our law, deliberately 60 to
New-Jersey and there remarry. while the
plaintiff was living? That was the question
presented in the case above referred to; and
the Court of Appeals there held with reluctance
as the opinion states and as may we'll be De-
lieved that, under existing statutes, such re-
marriage must be recognized i'll this State "a
valid. and that the only punishment for the
offender would be for contempt of the court
that had granted the decree.
The outcome Of such an anomalous and alb
slnd condition of the law was certain. IHE
TRIBUNE pointed out at the time of the decision
that the consequence would be to put n premium
npon collusve divorces and an evasion Of the
divorce laws of the State The result has more
than justified the prediction. The case of
Sheriff Flack is no more fragrant than that OF
many others. except SO far AZ the wife's allega-
tons Of the receptions practiSed upon her may
be justified BY the facts. A man finds himself
under an unwelcome marital yoke. and he wants
TO be freed If the wife is of the same mind
the course is easy lie arranges to furnish her
with proof of his infdelity, aud pays the fees
Of her lawyer to prove the case against MINI
self When the matter comes before the court
the proceedings appear TO be regular, the de-
cree is granted. and the defendant IS then as
flee us the plaintiff to remany, under the lull
sanction Of the law, providing only he VIII
cross the North River with his new bride and
have the ceremony performed within the limits
Of NeW-Jersey There is. the0re ticaly and le-
gally, at all events, no limit to the number OIL
times this procedure may be repeated by the
same individual if he becomes tired OF the
SUBSEQUENT wives. finds them acquiescent and
is willing to meet the necessary expenses. In
fact. to men and women of that turn of mind,
the law a, il stands in New York offers as easy
opportunities for multiplying their marital re-
lations under the full protection Of the courts
az the law Of any state " country dlsgiaceu by
the LATEST VI Divorce statutes
The remedy for this unfortunate state OF
affairs was pointed out by the Court Of APP
peas in the opinion in the Van Noolhls VS..
Bnntnall case Ii lies in the passage OF a
statute by the Legislature which shall make II
a crime for such divorced person to renarry
outside the state and which shall declare sucn
remarriage invalid. A statute Of that character
would have an extra territorial effect ON the
same theory as that by which the law fOrbidding
a person to 60 outside the State to fight duel
has been sustained. 1t seems clear that II such
a statute had been enacted the Flack divorce
proceedings would never have been instituted.
and the State would have been saved the odium
and responsibility for many other similar ca SEES
Of no less disglaceful character, even though
less notorious One of the first bills offered in
the next Legislature should he for the corTec-
ton Of this condition of the divorce laws, which
is proving one of the darkest blots upon the
page of the States history.