Richmond dispatch. [volume] (Richmond, Va.) 1884-1903, 1889-01-05
VIRGINIA DIVORCES.
OBSERVATIONS ON THE LAWS AS THEY
fxIsT IN THIS STATE.
Interviews with Rev. Drs. Kerr aud Ian
drum and MsssrG Holiday, Howard
and Allan.

and Allan.
The New York Herald is vigorously en-.
goged in sgilating proposition looking n
| the adoption Of n constitutional amendment
empowering Congress to pass uniform mar
( Tiage and divorce laws, TO the end that ex-
isiing evils may be corrected. and the same
Federal statutes govern all the states and
Territories Of the Union. with this prr-
1 pose In view the Herald's correspondents
have been interviewing prominent lawyers
and cergymen throughout the land. aud Mr..
Cutbbert sends 1t The following from Rich
mOnd;
DIVORCES N TIE OLD DOMINION.
RICHMOND, Januiry 3.-The Old Dominion
is not notorious for Ms divorces. Virgin'aus.
a. a general thing. hold 10 the teachings Of
the Holy scriptures on this subject. From
their youth up they are taught to think of
| marriage as very serious busmess-tbat It's
"till death do part u."-and they do not
enter upon Tins solemn engagement with any
thought Of "shoft cuts" ont Of IL. Bul t1at
| deep interest Il taken IN The subject Is evil
dent from the following interview:
Az Old HAND At THE BUSINESS.
Judge Addison /. Holiday. Of the Chan
! Gerry Court OF Richmond, has had the aJiu-
/ Gication Of al marriage and divorce suits in
the city for the past SIX years Speaking Of
! the laws on these subjects, oi which ne h1s
inside a study, the Judge remarked that the
/ Herald is doing nOOIe work Ia pointing
out and Illustrating the conflicting laws in
regard 10 marriage and divorce. and showing
| the ITact cal operation Oi the present divorce
! law IN The several States.
"Thc good order and veil being OF socie-
| ty," he SAID, "absOlutcly demand thlt there
! shall be an amendment TO the Constitution
~ the United states cOnicrfing upon Con-
gress power TO regulate marriages and d.
yorces In all the states. t. Is a blot upon
our form OF Government and disgrace 10
! civilization that q lawful husband m one
| state becomes a bsami,t In another; that
/ the honorcd wife in our jurisdiction sinks 10
| the degradation Of mistress by crossing an
imaginary line; that TIE question whether
the children are Legitimate or ilcgtima'e de-
pends upon the whereabouts OF The parties.
ANATIoNAL LAW THE ONLY SOLUTION.
at is true We have an indlssolublc union
Of inde.tructibl4 States, and IL may be urged
that national law defining marital relations
will trench upon the rights 81 state sove-
reignty II must, however, be remembered
that we have q common country, bound 10y
bands OF steel together and becoming more
closely connected every hour, and that the
travelling habits o. the people make the same
persons residents OF widely different sections
ai different seasons.
"SJund morality and common Justice 20
all the citizens Of the Union alike demand
that the same laws on th,s important subject
shall govern IN every part OF The United
states Iu order TO thoroughly eradicate the
evil CONGRESS must DC vested with full power
in the premises, aOd the people can aud will
confer thus authority when tue question is
submitted 10 them"
THE FUNDAMENTAL INSTITUTION
Mr. John Howard, one Of the highest legal
authorities ia Virginia, regards the institu-
ton Of marriage as The foundation OF civil
society IN the State. II IS formed 10y con-
tract, but when formed the marital relation
concerns not only the parties but the COM
munity, aud Is the commencement and basis
OF the family and Of the whole struc-
ture aud petpctuation OF civilized llie. With
out marriage regulated by law there could be
no pure home life. Being the organic lnsu-
tuition OF society and government they be-
lieye that marriage in Its origin and its in-
fuenccs Is alike beneficial and divine.
~ As 10 llit fifli ia0rf NdiN Ahls iibWA "
"I have no reforms 20 suggest orTecOmmend
on the subject Of marriage and divorce"
A BELIEVER N GOVERNOR HILLS SUGGESTION.
"Do you think It desirable to advocate
national divorce law" a'ked.
"Thst" said the lawyer, "is n matter OF
great magnitude aud Importance. OF the
utility and necessity O. general uniformity
m the laws both OF marriage and divorce,
Il. t. 81 a nd cfTf.
button OF estates, and II the attestatiOu Of
deeds and wills and other legal instruments.
there can be no doubt: but know Of 10
power granted TO Congress by the Constitu-
ton under which such laws csn be passed,
except perhaps in respect 10 the execution,
endorsement, and acceptance OF negotiable
paper as instruments Of commerce. To osup-
pose for moment that any one, At least OF
the southern States, would adopt amend
ments to the Constitution necessary TO ac-
complish the above ends, or any one Of them,
would IN my judgment be an Idle fancy"
els there any other means Of securing the
same ends
81 think that much NAV be done by the
public press, and especially by such great
Dapers as the Herald, which is read generally
in every State in the Union, TO impress upon
the people the necessity for uniform laws
Especially should this be the case upon the
subjects OF marriage aud divorce. so that in
the several legislatures similar acts may be
passed resulting I'm the whole In the estab-
lshment OF uniformity Of legislation"
OTHER REASONS FOR A UNIFORM LAW.
Mr.. Edgar Allan, lawyer OF rare ability
here. enjoys the distinction Of having the
largest divorce practice in the city. He Is
authority for the statement that his business
in this line is GA the increase, but that bis
clients are mostly Of the coored persuasion. /
For six years he has never been withalt
divorce case, and generally be has bali |
dozen.
MIR. Allan was Just retained in a divorce /
case when called to-day, and he is there (
fore able 10 speak bv experience. "Any /
discussion OF this question" be said, "in- |
wolves a wide range Of thought And COM |
ment on the diversity OF divorce laws In the |
6ifiersnt states OF the Union. II such laws !
are 10 be tolerated at all the greatest reform |
which could be effected would he the esta- |
blishment OF a national or uniform divorce |
law throughout the country. The glarng |
and outrageous frauds through which di- /
Vorce is made easy in some OF the states /
could be pretty eflectuay checked II the /
public prosecutor were required to appear
In all cases throughout every stage ana re-
Sist the application. This would greatly
nrevept coluson and check the perjury 4
which prevails To an alarming extent in con-
trOyersies Of this class.
"In tins STATE" concluded Mr.. Allan,
g desertion for i've years Il necessary TO OBJ
tsin divorce from the bonds OF matrimony.
This is too long, and fosters immortality. In
INV judgment there should be national
coo9ress OF lawyers and clergymen TO dis
o,,.s tba subject OF divorce laws and make /
upon the result OF their