The Scranton tribune. [volume] (Scranton, Pa.) 1891-1910, 1897-02-27
THE QUESTION OF DOVER.
caused by the present divorce


laws
Views of Richard Busteed, jr.:
"TO the Editor of the Tribune:
Sir-rhe articles and Interviews recent
" published by the Tribune upon the
laws of the different states in relation to
marriage and divorce bring before the
public matter of far-reaching Gonsg-
quences already too long unheeded. 1t
is, however, and partially through the
Tribunes instrunentality, becoming
topic of interest to the public at large
as ii has long been to me. | had charge
of the respondents case (the children ly
the first marriage) in the suit of Van
NoorhiS VS. Brintnall from its inception;
and argued 1t i'm each instance at the spe-
cia and general terms and in the court
Of appeals. Judge Russell, in his inter-
view of yesterday, suggested the only
practicable way, ii appears to me- out of
the difficulty in which the restricted and
marrow opinions of the court Of appeals
in the Van NoOrhis-Brintnall case has
let us. 1t is matter of interest, though
this state has taken action in furtherance
of about such plan as that presented
by Judge Russell At the risk of en-
croachtng too much upon your space,
and regretting that the matter cannot
be- condensed | will as briefly as pOSsi-
BILE state what has been done in this di-
rection. After the decision of the
court Of appeals had been, handed
nall case, | introduced on the 9Th of Janu-
ary, 1882. in the Far association of
Queens county, resolution calling at
tentOn to this subject; which provided,
among other things, for committee to
confer with our representatives i'm the
state legislature i'm relation TO obtaining
legislative action upon this topic As
chairman of the committee appointed by
the association | succeeded i'm having the
following resolution (Which IS the same
as that passed by the Bar association in
trOduCed in the senate in the latter part
of the session of 1892:
Whereas, the laws of the different
states of the Union on the subject Of
marriage ana divorce are at great vari-
ance with and in many instances are con
Trajectory of each other and
Whereas, the court of appeals of the
state of New York has recently decided
that the defendant in an action for d-
VOrce on the ground of adultery, against
whom judgment has been obtained and
VINO rests under the prohibition against
re-martylng,. may, i'm defiance of such
judgment, disregard and with intent TO
eVade the statutory penalty, cross the
borders of this state into another state,
there marry and at once return to This
state; ana that such marriage must re
deemed valid within this state, ana I've
attached to 1t all the DriViledges of a
marriages contracted by persons who are
under no statutory prohibition, and
Whereas, under the existing laws, great
confusion is apt to ana often does occur.
involving large interests in lands, the sue
Cession to property is endangered, the
fair fame and name Of families, jeopar-
died, and the morals of society disturbed.
and
Whereas the laws Of the different states
relating to marriage and divorce are not
subject TO Federal legislation ana
Whereas, uniform marriage and d.
vorce law throughout all the states is
highly desirable. therefore,
Resolved, That a committee be appoint
ed to urge our representatives in the
state legislature TO appropriately request
the governor of this state to seek the CO.
operation of the governors of the several
states of the Union to bring about at as
early date as practicable a convention
composed of delegates to be appointed by
the governor or elected by the legislature
of the respective states to devise and
prepare an equitable consistent and uni
form marriage ana divorce law for all
the states so that upon the report Of
such convention to the governor of each
state, he may recommend the legislature
of his state to enact the law, which sucA
convention shall nave prepared,
This resolution was passed unanimously
by the senate and referred to the judic,a-
ry committee of that body FOR further
action, Although requested 20 appear be-
fore the committee, ] was prevented by
i'll health and the session ended before |
could so to Albany. There the matter
has ever since remained Unfortunately
the court Of appeals shrank from deciding