The times. [volume] (Richmond, Va.) 1890-1903, 1892-01-02

Canadian newspapers aro agitating for the
establishment OF n Federal divorce court
throughout the Dominion. Although divorce
courts actually oxist IN several II the
provinces. the granting Of divorces. properly
speaking. belongs % tho dominion Senate.
For years the aged legislators (all are APP
pointed for lie). whose duties ID another d.
rectiOn simply CONSIST If ratiiying the bust
ness from the lower House. devote their spare
time 10 investigating cases OF matrimonial
unhappiness.
The late Sir John Macdonald. at various
periods in his political career. insisted that
the creation Of divorce courts and the aboli-
ton Of the divorce functions enjoyed by tho
senate would be destructive Of public NOR
atty. The Premier always insisted that the
securing os divorce should DO made az diff
cult az possible and was wont D. point TO
what he called the lowering OF public morals
resulting from tho lax system prevailing IN
many States Of the American Union. In tho
Provinces OK Nova Scotia and New Bruins
wick divorce courts were established before
confederation. and no complaint has been
made that the operation OF these courts has
been 10 make divorce moro common IN those
provinces than ia other portions Of the Do
mlniOn. On the contrary, the percentage OF
divorce cases to population will be found TO
be lower in Nova Scotia and New Brunswick
than IN Ontario.
Tho present system is costly. cumbersome.
and surrounded with objections which would
not exist Ia o properly constituted court.
But there are serious difficulties IN the way
OK altering II. and with all It's objections,
there is this much 20 be said IN It's favor. that
the Senators can. II they please. have their
proceedings almost private. and the public
thereby saved from the publication OF some
the details which frequently disgrace the
proceedings os an open trial IN a divorce
court. The great objections 20 tho present
system are its expense. It's long delays, and
the fact that the jury with which the verdict
finally rests the House OF Commons, contains
"a large number of Roman Catholics. who. on
account Of their religious faith. have cOnsci-
entiOus sciuples against divorce, ana Ollls
from the senate are frequently killed IN the
Commons as the result OF Roman Catholic
Ii would seem. therefore. as if it would be
better II the question of divorce should be
relocated 10 the courts. But here two primo
difficulties arise. The British North America
act gives the Federal Parliament control OF
the question of divorce. and II fariament
passed general act It would not only Do
distasteful % u large portion of the pOpula-
ton OF the Dominion whose religious tenetS
made them opposed 20 divorce. but II might
be regarded as clashing somewhat with the
law relating TO divorce already IN force IN
some Of the provinces. On the other hanu;
TO relegate the question of divorce 20 several
legislatures would require an amendment to
the act named. and that is thing to be strenu-
ously avoided II possible.
The problem is a difficult one, and one
which requires much calm and careful con-
sderation IN its solution but that II Will have
20 be solved some day there can be very .ittle
doubt. for. as the population grows ana the
disposition towards the annulment OF unsuita-
Die marriages increases. as It gives indication
of increasing. the pressure for change will
become So great that the present system Will
be found unworkable and speedier and less
expensive one will have TO take It's place