The Jersey City news. (Jersey City [N.J.]) 1889-1906, 1892-11-14
FOR UNIFORM LAWS.
Proposals of the Interstate Commits
sion in Which New Jersey
Is Deeply Interested.

SIaGe boards OF COMMISSIONERS appointed
to secure uniformity of avs in the United
States. The commissioners were ap-
pointed by their States, and represent
Delaware, Missippi, Georgia. Massachu-
sets. Michigan, Pennsylvania. New York
and New Jersey. The New Jersey repre-
sentatives are 6. D, w. Vroom, R.
Wayne Parker and Otto Grouse.
The first report of the commissioners
covers the following subjects; Acknowl-
edgements on Written instruments on
Written instruments. Bills and Notes.
the Execution of Wills, Marriage and
Divorce, and Weights and Measures.
Proposed laws have been drawn
covering each Of these subjects, and
after they lave been scanned an d
criticised it is proposed to have them in
trodueed in the several State Legislatures
and passed. If possible. The changes
made are mostly toward simplifying the
systems 10 in use, but the chief benefit,
of course would De that the laws should
not conflict. In regard to marriage and
divorce, the following report is made:-
There is probably no question on which
there is a greater general necessity to
have uniformity of law than this, but yet
it is a question upon which the different
sections of the country vary in sentiment
and opinion as they vary in no other, AMI
the questions to be considered are so com
pick that the conference felt it should
proceed very cautiously in this particular,
specially until a fuller representa- on
was present from all the States and Ter
~ritories. The conference. therefore, con-
tented itself with making these simple
recommendations
First-That the age of consent to mar
rage should be raised 10 eighteen in the
male and sixteen in the female.
The reason of this recommendation
and its importance are equally obvious.
In many, if not III most States, the COM
mon law rule still prevails by which a
valid marriage may be contracted, legal
in all respects between boys of fourteen
and girls of twelve. The conference
would ike very much TO have criticism
from the various parts of the country on
this point, but they feel that the simple
recommendation adopted was conserva-
tive and should fairly meet the approval
of all the States.
A LEGAL MARRIAGE.
The next question was as to the formal
tiles or ceremony necessary to make a
legal marriage.
AS is well known, there is no point on
which the States differ more widely than
this.
In more than half the States what is
called the common law marriage is recog-
nized as legal. By a common law mar
riage is understood one which is entered
into Without n ceremony, upon the
simple present consent or agreement on
the part OF both parties to be husband
ana wife. No witnesses are necessary.
and in case of controversy as to the fact OF
the marriage. q evidence otherwise
competent. whether circumstantlal or
direct in its character, is admissible, and
4 fhn OT1ngf1nn hnRnnonz M fnr thu frin
court or the jury to determine as q matter
Of inference or conclusion from such
evidence. The existence of such a law is
a scandal to a civilized community. II
encourages adventuresses to institute
matchmaking suits, and invites fraud
and perjury in support of such claims.
This condition OF things has tended in
New York AID other States to great in
Justice, great suffering and great abuse.
Wives duly and legally married for MANY
years have had to meet, in some cases
even after he death of their husban S,
a claim set up by some unknown woman
of a prior marriage which would render
tHelr W marriage void and their chill
dren illeaitimate. Nevertheless, the
conference felt that 1t was necessary ro
recognize the practice prevailing in many
of the States. and also the difficulties
which in the more sparsely settled por.
lions OF our country might prevent par
Lies WlSul0R 10 marry from going before
q regular minister or magistrate, as a re-
suit. and by way of compromise OF
conflicting views, the following resolution
was passed.
Resolved, That it be recommend ed to the
State Legislatures that legislation be adopted
requiring some ceremony or formality, or writ
ten evidence, signed by the parties, and attesteC
by one or more witnesses, in all marriages.; pro
vided, however, that in all States where the so
called common law marriage, or marriage with
out ceremony, is now reco gnized as valid, NJ
such marriage shall be hereafter valid unles.
evidenced by a writing signed by the parties anC
attested by at least two witnesses.
DIVORCE
A more difficult question still was that
of divorce. This first conference did not
undertake to make any recommendation
as to what causes the several States
should deem sufficient to make a legal
dissolution OF marriage; but the abuses OF
our present divorce system as it works
throughout the country are SO great anc
SO well known that it seemed possible a.
at least tc make some simple recommend.
atoms regulating procedure in divorce
cases which should do away with some Of
the worst abuses. They are as follo VS.
Resolved, That it is the sense of this confer
ence that no Judgment or degree of divorcl
shall be granted unless The defendant be domi
ciled within the State in which the action i
brought, or shall have been domiciled there a
the time the cause of action arose, or unles
the defendant shall have been personally served
with process within such State, or shall have
voluntarily appeared in such action Or pro
ceeding.
This law, IL adopted, would prevent
what is perhaps the greatest abuse of oul
present system. namely, the possibility Of
obtaining. a divorce practically without
knowledge of the other party, by going
TO some other State in which the parties
have never lived, filing a libel there. ant
obtaining so called service by publication
for two or three weeks in a local newspa
per.
These three recommendations on the
subject of marriage and DIVORCE appear
SO simple and SO reasonable that the var
ious State boards earnestly nope they will
be adopted in all the States. At the con
ference tomorrow it Is proposed to go fur
Their into the subject of marriage and di
vorce, and 1t is particticularIy hoped thai
suggestions OIL This point will be made BY
any one interested, to the Chairman,
Henry r. Beekman, No.. Ill Broadway
New York. or to the Secretary. E. ]. Slim
son, No. 700 Exchange Building, Boston,
Mass, or 10 any of the State Commission
ers.
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