Evening journal., 1896-07-16
WIN cause Grent Communion.


NEW YORK, July l6.-Lawyers In this
city apprehend that the decision of tho
Kansas court OF appeals multiplying di-
vorces granted in that state will cause nm
almost endless amount of confusion In
marital relations, In the relations OF chill
dren 60 parents and in the custody and
disposition of property rights If such a
decision should be given in reference to
the DEGREES Of divorce which have bepn
granted in Oklahoma and the Dakotas in
the past few years, It would cInlse n verita
bio social revolution among many well
known families of the east.
Fortunately Kansas has never been q
favorite state for outsiders to 90 to to get
divorces, as have Oklahoma and South
Dakota. Sinoo 1881 its divorce law has
required an actual residence of tho appli-
cant for at least one year before tho begin
ming of the action, while tho other places
mentioned have only required as North
Dakota does now, a residence OF 30 days.
In other respects the divorce law OF
Kansas is more pliable than our own. Di-
vorces are granted there for abandonment
for year, for extreme cruelty and ex-
treme neglect Of duty, besides the moro
serious causes. There Is ono clause Of tho
Kansas law which, in itself, would make
voTces. IL makes it bIgamy for divorced
persons TO remarry within six months Of
the date of the decree against them.
Nearly all the decrees Of divorce granted
in Kansas have therefore been presumably
90 its own residents. At Howe s. Hum
mel's Office in this city, Mr.. Durrant said
that he had never known of New York
divorce case having been taken to Kansns
That other persons than actual residents
of Kansas at the present time will ho
affected, there can be no doubt. Many of
the divorced persons have since moved
away from their former homes and RS
married and some of these and their chill
dren can probably be found in almost
eyory state in the Union.
A Very Grave Situation.
Every lawyer who was asked about the
matter spoke of IL as a very grave situa-
tion. 1T is "a very serious matter indeed, -
said Mr.. Frederic r. Coudert. 1T will
affect the marital relations of the parties
to the divorce suits, making their new
marriages Illegal perhaps, depriyihg their
children Of Legitimacy and disturbing the
property interests Of many families. II
tho decision is based upon the imperfec-
tion of some matter Of procedure, then
perhaps the troubles caused by it may be
fomedied, but II it Is based upon the un
constiutionality of the law itself then
do not see how II can bo remedied.
"In that case the whole Ok the decree.
which have been Issued under the Law
will stand as II they had never been Is
sued. Therefore, the people who wer,
married before the deorees were Issued
will DO married now. New marriages vii
be void, aud it will he unlawful for tn,
couples to continue 60 live together. anl
children born Of these new marriages viii
be illeaitimate.
"Even the Legislature, In that case, vii
be unable 70 straighten ont matters. 1
cannot impair the rights Of the older con
tracts nor deprive the people who woulC
have acquired property rights under th'
old condition Of things OF these rights
could mitigate the evils which would b.
produced by upsetting such long line
legGA action, but not cure thsm."
Just how many persons will be aflectc'
by tlle decision must be s matter OF COP
jooture Whom the consus Of 1890 wa
taken It gave the totd population o
Kansas as 1, $4,000 persons OF thes
75s, l12 were males and 07a,9s females
OF the males 469, 42S wero unmarried
26S, ia married, ,99l widowed an
1856 divorced or tho females S7e, 30
were married, 263 500 were single 90, ,6s
were widowed and =, III divorced.
This made a total Of divorced person
living In the state of s,s73, but this doc
not include tho large number who hay
been divorced and tbeE remarked. Nc
does it give any guide to tho number {
children, Of two generations at least, VIII
have been born as the result Of these II
marriages.
The proportion of divorced males /
Kansas is as 1 to 42S of tho whole numbg
and of females as to 8l5. In this stat
the proportions differ greatly from thes
figures. and the males lead In number
There were 4, 8S7 divorced males IN th
state in 1890 and 3, 305 females ana thl
cry 800 females.