The Wichita daily eagle. [volume] (Wichita, Kan.) 1890-1906, 1896-11-17
lone in the state of connection, and other

done in the state OF connecticut, and other
states OF the Union
The Bihle-Deuteronomy. xxv.-recog-
aized the right OF the husband 10 put
away the wife. but nowhere recognized
the right OF the wife 10 put away ths
husband. Blackstone refers 10 certain
laws that might today be termed laws
OF emancipation. enacted In the interest
OF the wife. taking her from under such
complete arbitrary dominion OF the hus-
band-"so great favorite." says he. is
the female sex of the laws OF England"
The evolution of the subject OF mar
riage and divorce is a very tempting sub
ject 10 enlarge upon. I win conclude thts
phase. however. with the observation
that. as il has been from the beginning.
so will the demands OF social law for tho
complete emancipation and protection OF
woman advance with the strides OF a
letter, nobler and purer civilization.
A uniform law on any subjec; throug-
out the several states not especially pro-
vided for by the constitution OF the Unit
ed States would have 10 be first sane
toned by a constitutional amendment.
Article 5 OF the constitution prescrtbes
the method by which an amendment may
be made. This maybe done whenever
two-thirds of both houses shall deem II
necessary. or on the application OF the
legislature OF two-thirds Of the states con
gress shall call a convention for propos-
ing amendments. which. IN either case.
shall be valid as parts OF the consutu-
ton when ratified by the legislatures OF
three-fourths OF the states. or convcn-
tons in three-fourths OF the state as con-
gress may propose.
Section s OF the constitution provides
that congress shall have power ito estao-
lish a uniform rule OF naturalization ana
: uniform laws on the subject az bank
ruptcies throughout the United States.
This clause could be amended by insert
| ing the word divorce or marriage and
! divorce" IL proposed and ratified. as pro-
vided in article 3. and congress would
| then have authority TO enact such laws.
| Uniform In their nature. as IN It's Wis
dom would be proper and just
II occurs 10 me that there Is as much
necessity for uniform laws in marriage
as there Is in divorce.
II is a well settled rule OF law that
when the marriage Is valid ia the lex
| loci 10 IS valid everywhere. For Instance.
II the law Of one state provides that those
within certain degrees OF consequently
| or affinity may not marry. and anothe-
state has no such provision. the parties
may contract marriage in the latter stats
and such marriage Is valid and must b
] recognized by the former state. In IL
vorce cases. "A period OF residence or ths
plaintiff Is required. bur In marriage " -
/ not so. Marriage can be contracted any
where at a moments notice. according 20
I the laws of the lex loci and In many
| states Of the Uniou-and. IN fact, IN al
| Of .them-unless an express statute Tor
| bids. the courts uphold marriage by con-
sent, as at common law
| In France. under the code Napoleon,
| the age OF consent In man must be Is ana
| in woman IL. A son under 81 or g dsugh-
ter under that age cannot marry without
! the consent Of the parents. or OF tbs
/ father n they disagree: or, II one IL dead.
| the survivor The grandparents act IN
/ stead. in case OF the death Of both father
and mother A man after % and wo-
man after = must still ask consent OK
parents. and until the age 81 20 In man
| and % in woman request must be repeat
ed twice. and not until after the third re-
quest are the parties az liberty 20 mar
~ without formal consent.
Notice must even be served on The par
enis or grandparents after The age OF 30.
| one month before marriage When par
ents and grandparents are both dead. so1
! the parties are under q. the consent OK
4
Rams must be published two Sundays
| before accumulation. IN which the names
residences and occupations % the par
/ ties and their parents are contained. AMI
I then the marriage must not take placs
until three days after the second publ
cation. IL a year - allowed 70 pass. new
bauns must be published Marriages
must take place before four witnesses.
Past ages AMI persisted races % pso-
pie have had their forms and ceTemo-
MES. rnorr or lezs formal and elaborate.
from time !mmemorial. but 20 my mind
the virtue u deiIbtrstiye preparation for
marriage and the observation ct pre-
scrIted forms % law - manifest Many
| hssiy unions. sca3tA,s and opponents
would thus be prevented. and rngrh mis-
cry and shame. zai often hunger sEt
/ death avsrtee
Marriages contrary 20 The prescribed
forms OF law Should De bid void snd
severe punishment. provided In ne up
per elzTzes 81 society Il Is almost an n
variable rule % obseTve forms and rsr>-
monies. giving publicity . engagements.
ard ofita many months before Glsr-
rlsge.
tbs has n sanitary effect upon sol
/ e:y, ans attaches more irnpo-tz1cs AMI
/ lends greater -znc,stY 70 the occasion
/ u aleo gives ;se psseaiE sE5 The parties
full opportunity 70 observe their conGsc.
toward eSc5 efhsr ard "a genera. ard a
ceae1n q Hnsi rejection before tais mesa
important act % human isSs - consurrs-
mated No 61g5; there are May pei
so6s where ta.s psr.cd % care ard 8sifr-
grafton has eess.opsi n o5s party q .hs
otsleT a sufficient reason for aroiSinz 80
marriage. either ~ mutual consas; OF foS
ample legsi cause.
some kid % adequz:~ peual.y s5ouii
also be provided for a vsilsaI y39.a;iea q
80 marital duties ard oDisx1fsa1z II.
guilty parry - a Z. were rAs< sao1l5 ros
- PERMITTED - 70 GnEcasara. lsaVinx -
hid bin vim p~rfeet lsnE8nisy re xrecx
ar4 rsisa % szsze Azt broken vows.
Exfrs-ss punishment s1oz51 be pro-sf-
Fl sgr tn dsceT. BY What assfso,-f.,r
human Or slTEa~. sa5asf re h~,rays- -
eesxza;y ssf virtue ard frstroxr- %
bp-ses X zzsaigTset % jzxs1o@ xsf1@ a.
victims persia snd zx os4t>asts coo. -.
Eo-.1g
- org AZ 80 evils tat bere- ma
-aax@ arS divorce - o. ezfss~sy sar--
strss1~d- "a; 80 loaz MI sals x1s1,f,a
remain ssrst.ga - so<zxsy.
- lag AZ - divorce s1rs as f-,g.~-
qa@sr tse wcT!9 I'll 5sscse. sh< az
"<- sp-4si2s = s1bvrTs tcnescs So -
a. ne proper sst<x 1zr4z AZ nss fs~asx-
AFos.ft ~ 51rn< ssh 80 sxrslssr -
&sfs@ ~ pzet1ce fss sr.s1-~- - 80.
~ AL Tirsze- - sez< - r-szrrsss,e 49,.
r-*F y r1tasssziT broken ess.sss- -,
i@s hcass srso..sed ss.a 1.t-r I.n.,,-.-,<