The record-union., 1896-04-09
UNIFORMITY OF CERTAIN LAWS.

The agitation for a. national divorce
law is again on, and the movement In
favor of it is being promoted vigorously.
But the question suggests itself to us.
Can there be a national divorce law
without national marriage law" II
it is conceded that there may be, we
then ask, Us it within the province Of
Congress, under its present grant OF
powers, to make such a law?" The
purpose of the National Divorce Reform
League is stated to be:
To remove the evil Of migration for
divorce which has made various States,
Maine, Connecticut, Indiana, California,
the Dakotas, and lately Oklahoma,
scandal to the Nation; secondly, to re-
duce the enormous number OF divorces;
thirdly, to secure a uniform status for
the people of the various States, so that
marriage or divorce in one State will
put the parties on an equal footing be-
fore the laws everywhere; and fourthly,
to carry upward toward the ideal our
laws on these subjects.
That uniformity of marriage and di-
vorce laws is most desirable no one will
deny, but is not the swiftest and best
road to them through the cultivation Of
such sentiment among the people Of the
several States as will bring about the
desired ends through agreement be-
tween State Legislatures?
1t seems to us that If we are to have
q national divorce law the Nation must
also take charge of all legislation re-
lating to marriages.; that to leave the
marriage laws to be enacted by the
States, and withdraw from them the
right to legislate on divorce questions,
is to break up a relation that is natural.
and will greatly involve the laws Of de-
scent legitimacy and rights in prop
erty
Unless the States surrender to the
Federal Government the right to leg
islate as to divorce and marriage, Con-
gress can do nothing. To effect such
surrender the Constitution must be
trouble then by laboring to bring the
States to voluntary action without ap-
pealing to the process OF constitutional
amendment? Already thirty States
have agreed to name commissions to
consider the question of uniformity Of
marriage and divorce laws. This testi-
fles to great iberality of sentiment on
the part of the States in the outset, and
indicates the probability Of agreement
being reached. We believe with DR..
Dixie, Corresponding Secretary of the
league referred to, when he says:
Intelligent persons are also aware
that by many acts of legislation In a
score or more of States, the almost in
variable movement of legislation Is for
the better and toward uniformity. But
even better than legislation, at present
are the results of systematic efforts to
have the family and subordinate sub
jects studied In our higher educational
institutions, and by the people. In this
way a far better solution will be
reached, so far as any social problem
can ever be said to be solved. With this
study has begun the awakening Of the
public mind to the need of attending to
the development Of the latent forces OF
the family and home as one of the
greatest regenerating, conserving, and
constructive agents of church, state
school, and industry. There is nothing
else equal to the home as an instrument
OF social defense or social reform Of any
kind. Law follows life.
/ would, then. urge all Interested In
"a National Divorce Law" to study
both the bearings Of the entire legal
problem and the whole subject of the
family In its content and broader rela-
tions. This latter study is one Of the
two or three indispensable introduc-
tons to sociology as a science, and to
It's practical applications. The country
Is moving toward uniformity by one
way or another. So far as this enters
into the complex problem, further ad-
vance Is greatly desired. But 1t canno,
be too often said that uniformity Of law
Is only small part of the problem, even
of legislation and administration, and
that the most important work lies
deeper than law. This work must be
done in bringing the resources Of re-
ligion and education to the development
of sound knowledge OF the family as
the primary social institution and tc
constructive efforts for it, larger and