The Seattle post-intelligencer. [volume] (Seattle, Wash. Terr. [Wash.]) 1888-1914, 1897-01-10


The members Of the Kansas City bar as
ISOLATION have taken up the question Of
endeavoring 10 secure uniformity of laws
in tha several states of the Union upon
the subjects OF marriage. divorce, insol-
vency, the acknowledgment Of instru-
mants affecting real property, commercial
paper and kindred subjects. In so doing
they are rendering the public valuable
service. 1t is TO be hoped that bar associa-
tons all over the United States may take
up the same subject. so that the mona
mental task may be accomplished within
the present generation.
On the subject OF marriage and divorce
the conflicting laws on the subject and the
various decisions which have been made
In some OF the state courts. have tended to
produce a condition of affairs which is a
scandal and a disgrace to the country.
Instances come to light every day. For ex-
ample, the courts of New York have, in re-
peate6 decisions, announced that they viii
not recognize. as valid divorces granted
against citizens Of New York by the courts
of other states. In innumerable cases
where family differences have occurred be-
tween husband and wife resident in New
York state one or the other has taken UP
residence In another state, has lived there
the requisite length of time and has pro-
cured a divorce from the courts OF that
state. hafter which both parties have en-
tered new matrimonial alliances. The
parties being legally divorced from each
other and legally married TO their new
partners. if they take up their abode in the
state where the divorce was granted, but
should they elect at any time TO reside in
New York they could be prosecuted for
bigamy and the children by the new mar
riage stigmatized as Legitimate. The COM
plications which have occurred and which
are daily occurring. by reason of these
conflicting statutes, are numberleSs, and
the worst feature or it Is that heavy por-
ton OF the trouble falls upon the innocent
children who may be born to the divorced
persons as the fruit OF subsequent mar
riages.
The statutory regulations In regard 10
commercial business might equally well be
harmonized at the same time. A code of
commercial law applicable to one state is
equally applicable to another. Nothing but
the whims and caprices of the various
state legislatures can account for the in
Vulnerable differences which exist. This,
however, is of minor Importance as com
pared TO the necessity of uniformity In the
marriage and divorce laws. The varying
codes of commercial law at most result
only in some annoyance and Inconvenience
10 persons who have business TO transact In
a number Of the different states; and also
compel the employment of attorneys rather
oftener than might otherwise be necessary.
As TO the manner in which the proposed
uniformity can be brought about there are
but two plain methods. either OF which
would require a long term of years. and
stupendous amount Of labor on the part of
those who take the reform in hand The
first would be 10 secure an amendment TO
the constitution OF the United States plac-
ing the matter of marriage and divorce
laws under the sole jurisdiction of the Fed
opposition which this would excite from
the disciples OF that school of constitutional
construction who are bitterly hostile TO
any further enlargement of the powers OF
the Federal government at the expense OF
the states, Il seems to be pretty generally
recognized that It IS a hopeless task TO Sc
cure any further amendment TO the consti-
tuition unless there is behind 1t an earnest
and overwhelming popular demand for
such action. There probably never will be
created any such popular interest in a re-
form such as this. which touches but
small element In any community.
The other method Is by the Joint action
Of the various state legislatures. At the
start this seems q rather more hopeless
thing % seek to accomplish than even the
securing of a constitutional amendment
but the difficulties are not insurnoun;a-
bic: and tn. adoption OF this plan OF ac-
ton viii certainly result IN at least par
tisi success
II tie national bar association, or sew
eral state bar associations would take the
matter 10. a start might be made. A
good code % marriage ard divorce laws
ought not to BE- difacult 70 draf, II the
legislatures of half a dozen states could
% persuaded 70 adopt precisely identical
laws. with the provision recognizing all
marriages soleRnizea and divorces grant
I'd in any state having identical laws, a
start woul1 b made. It would only be 4
question o. time when state after state
wcu,d fall into line. Some az the cider
and ultra conservative states Sould be
extremely slow in adopting the reform.
eut u would come soon or late
49, ...,..a.ssrr - IT, .. -rs.t-.s