The Daily Texarkanian., 1894-02-13
SOMETHING ENTIRELY NEW.
A Judge of the New York Superior
Court Discusses Matrimony.

JuNSS DdNiu hOAudLl, HlCluDCl
of the Superior court of that State,
He has written many legal opinions,
in which he has departed from the
dry as-dust style adopted by other
Judges, and has discussed many
phases of marital troubles. He
surprised his friends and the
public, at large, recently by writ
ing and publishing pamphlet on,
what he terms, THE pecuharities
of Our Marriage and Divorce Sys-
tenn, from which truly interesting
and wholly original article the fol-
lowing principal extracts, are tax
en-;
Marriage is the most important
of all human transactions. 1t is
the basis of the whole fabric of
society, Bishop defines it as the
civil status of one man and one wo-
man united in law for life, under
the obligation to discharge to each
other and society those duties which
the community by its laws holds in
cumbent on the distinction of sex.
It's source is the law of nature,
whence it has flowed into the mu-
nicipal laws of every civilized coun-
try and into the general law of ma
tions. Society is interested in the
relation, our welfare depends upon,
it and yet it is a lamentable fact
that our laws affecting it are in
chaotic condition. The civil results
in part from the division, The evil
results in part from the division of
the country into separate sover-
eighties having power to make
whatever laws they please affecting
the domestic circle. Every state
has its peculiar regulations upon
the subject, particularly with ref
erence to the grounds upon which
the martial bonds are dissoluble.
Incompatibility of temper, aban-
donment, cruel treatment, drunk
enness and the like suffice in some
states. The violation of the sew
enth commandment is the sole
ground for divorce in New York.
Marriage may be annulled ev-
erywhere for fraud. but the fraud
must be of that serious character
which renders the continuance Of
the relation next to impossible.
Each Of the parties takes the other
for better or wose, and so long as
there is no legal impediment to the
marriage in the first instance there
is no going behind the ceremony or
casting up of matters which occur
red before, The legal age of con-
sent at common law was IA in males
and 12 in females, This rule is in
force in all of the states in which
it has not been altered by statute.
In New York it was changed to 18
in males and 16 in females
"The trite sayings that marriage
is a lottery, a failure or delusion are
fallacious Marriage is the proper
condition of every marriageble per-
son whose circumstances and con-
dition justify the uninon. Two
souls with but single thought, two
hearts that beat as one, The
world is like. grab bag, from
which good, bad and Indifferent Sc
lections are made Some draw
prizes, the majority blanks. No
person contemplating marriage
should follow the grab bag princi-
pie. Partners for life are to be Sc
lected with judgement and care,
Grab bag marriages, like the sys-
tenn itself, must be in the nature of
lottery. AS to failures, these occur
in the usual way. Some people are
failures at any and everything.
If it easier to fail than succeed.
Success requires effort, failure none.
1t requires judgement, experience,
time and work to erect a beautiful
structure Any fool can apply the
torch and destroy it in an hour.
"Let us consider the result of ex-
perience, A male who fails to mar
ry before arriving the at the age Of
55 never marries A widow or wild
over generally remarries if the op.
portunity offers A man or woman
seeking a divorce, in majority of
cases, does it with a view to anoth-
er engagement If a woman, by
death or divorce, gets rid of a hus-
band she expects better one next
time If by death, she loses a good
husband she expects to get another
as good, So that hope and expec-
tation play their part.
LET us reflect on the admonition
What therefore God hath joined
together let no man put asunder,
(Mat, XIX 6) and endeavor with
reverence to determine its meaning
1t must be understood according to
| a. la,,4 ,,laat III ,., Al. -.