The morning call. [volume] (San Francisco [Calif.]) 1878-1895, 1890-04-11
a cALIFoRNIA DIVORCE NO GOOD

The divorce business has received another
setback in a recent decision by Chief Just
ice Allen Of Massachusetts. Nine years
ago one Adams, a resident of Massaehu-
sets, came here, acquired the requisite
dOmicile and sued for divorce from his
wife, who was a resident of Massachusetts.
He got his decree in April, 1892 He there
upon married another woman, by whom lie
had child and then died. The child sues
10 be acknowledged as his fathers heir
The Chief Justice decides that the Califor-
Ma divorce could not annul a Massachu-
sets marriage, that the child is Legitimate
and cannot inherit From the papers be-
fore US it is not clear whether Mrs. Adams
was duly served with summons in the di-
vorce suit; it must be presumed that she
was. or our court would not have granted
the decree; but the Chief Justice may have
held that wife in Massachusetts was not
bound to follow her husband to California
for the purpose OF defending a divorce suit
No person can be allowed to drag a de-
PENDANT across the continent to answer a
case which might just as well have been
brought at home.
A few more decisions like this would
check the tendency of Eastern couples to
choose this State as battle-ground. As
matters stand, when husband and wife in
the Eastern States cannot agree one of the
two come here, lives the requisite six months,
institutes divorce suit, and in due course
If no resistance is made, gets his or her de-
cree. In many cases it is the husband who
comes here, leaving his wife in ignorance of
his whereabouts and without means to fol-
low him. If the Superior Court Judge is
particularly careful he throws out the case
for defective service. But a good many
DEGREES are granted every year through in
advertence OF carelessness.
The consequence is that California ac-
quires the name of divorce State. Our
court records show an extraordinary pro-
portion of divorces to marriages, and the
world concludes that this Is q community
in which the matrimonial yoke sits lightly
on peoples shoulders. A California di-
vorcee is a familiar parsonage in Eastern
comedies. New Workers and Bostonfans
talk of Californian ladies as Europeans talk
of Bulgarians aud Wallachians. They ask
whether Mrs. A or Mrs. B has three or
four husbands living. They are firmly per-
suaded that divorce is the normal rule here !;
that everybody has at least one divorce in
their lifetime; that man or a woman who
goes through life without accident of this
nature is a phenomenon. Much of this
talk is jocular, put the Impression it
creates IS grave. 1t places Californians on
false footing when they visit the cities Of
the East. 1t tends 10 lower the reputation
of the State for morality and decency.
IL would be well if our Superior Judges
were to agree among themselves to throw
out of court these Eastern divorces seekers
and bid them go wash their dirty linen at
home. Illinois and Indiana have done SO
its no easy job now for New Highlander
to get decree in those States. Why should
we not follow the example? We have
enough unhappy marriages Of domestic
manufacture without importing them from
other States.