Daily independent. [volume] (Elko, Nev.) 188?-1915, 1890-01-29
THE MARITAL RELATION.
Associate Justice Bradley's Ideas Con-
corning the Divorce Question.

ASsoc1ate Justice Bradley'S Ideas Con-
corning the Divorce Question.
AS marriage and the family institu-
tion constitute the foundation and chief
cornerstone of civil society, it is of the
greatest moment that the marriage tie
should never be dissolved save for the
most urgent reason. 1 can not assent,
however, to the doctrine that it should /
never be dissolved ct all. Mere separa-
tion, though legalized, would often be
an inadequate and unjust remedy to
the injured party, who would thus be
subjected to an enforced celibacy. This
mig ht suit the notions of those who reg
gard celibacy as virtue, but would faf
to approve itself TO those who takesa
wider and more charitable viewH5f
human nature. The Divine law which
says: ''What God hath joined together:
let not man put asunder," Immediately
adds an exception showing-what the
law OF nature dictates-that the case is
not governed by any iron rule of uni:
versal application. The law t'Thou
shalt not KILL" has its necessary excep-
tions, disregard of which would render
it mischievous in a high degree. 1
know no other law on the subject but
the moral law, which does not consist
NA oA OAOAoLy duu uGCr09S,
but is adapted to our condition as human
beings. This is 80, whether it is con-
ceiVed of as the will of an All-Wise
Creator, or as the voice of humanity,
speaking from it's experience, it's neces-
stiles andits higher instincts. And that
law surely does not demand that the
injured party to the marriage bond
should be forever tied to one who dis
ri ;olo
which it imposes; to one with whom it
is impossible to cohabit; to one whose
touch Is contamination. Nor does it
demand that such injured party, if le-
| gally free, should be forever debarred
from forming other ties through which
the lost hopes of happiness for life may
i be restored. 1t is not reason, and it can
not be law, Divine or moral, that un-
fa1thfulness or willful and obstinate
desertion, or persistent cruelty of the
stronger party, should afford no ground
for relief. The most rigid creeds to
the contrary have found methods Of
dispensation from the theoretical rule.
And if no redress be LOCALIZED, the law
itself will be set at defiance, and great
er injury to soul and body will result
from clandestine methods of relief. Yet
| 30 ueSlrdDle Is Cn6 1nQ1SSOluDll1ty OF
marriage as an institution, 30 necessary
is it to the happiness of families and
the good Of society, 80 pitiable the con-
sequences that often flow from disso-
luton, that every discouragement to
such remedy should be interposed
Not only should the judge take every
care to see that just cause exists, but
that no other remedy is possible. No
jugglery or privacy should be tolerated,
however high in station the parties may
be. Investigation of the truth should
be thorough and open, and should be a
matter Of public concern, participated
in by the public representative of the
law. 1t should be regarded as a quasi
criminal process, If not accompanied
with criminal sanctions. Only serious
and even severe methods of administer
ing the law will be sufficient TO repress
the growing tendency Of discontented
parties to rush into the divorce courts.
Associate Justice Bradley, in North
American Review.