The herald., 1897-02-28
THE DIVORCE LAW

The advocates of e-and-easy di-
vorce have now a real grievance. An
amendment to the divorce laws Of the
| state has been passed, to go into effect in
April, declaring null and void any mar
riage of a divorced person which shall
| be solemnized within one year from
statute will be to paralyze many a cher
ished scheme of the adventurous Of
either sex, and hence scathing criti-
cism on the part of the affected element
is in order. We do not propose to treat
with levity the highest and holiest hu-
| man relation, but merely, in noticing
remark that it might possibly bear fur
ther and more radical amendment.
| Divorce has become an institution, and
the proportionate relation that 1t bears
| to the institution of marriage is becom-
| ing larger every year. We are all agreed
that the divorce, in its existing fire.
social evil; while candor compels every
thoughtful person to regard as a calam-
ity if not indeed a crime, the wider oper-
alton of a system of which the inevita-
able end is the disruption of the family.
The Legislature might have gone fur
ther than simply to erect a barrier
q n No IN Of n
re-enter desecrated shrine. The logic
of the divorce statute is that of surren-
der. In dealing with the vicious side of
human nature in all other cases law
makers have adopted the doctrine Of re-
straint by criminal statutes, involving
a penalty; but, instead of applying this
wholesome rule to the worst viola tions
of the peace and dignity Of the peo-
ple," we exact the doctrine Of laissez
faire, and tacitly declare that here is
form of crime that must be encour-
aged by awarding to it the fullest meas
ure of recognition.
The legislature in touching the sub
ject al this time should have touched it
less gingerly How would it have been
received if they had restricted the opera
ton of few of the many grounds of di-
vorce, or wiped some of them out alto
gether, as an experiment, and enacted
penal statutes to punish the violations
of the private rights that constitute such
grounds of divorce? Take, for instance,
the ground of extreme cruelty''-prob-
ably the most abused of the six grounds
of divorce under the statute. 1t is GER
tainly very uncivilized, and often very
cruel, and always undgnified to have
one of the marital partners accuse the
other of acts of infidelity, which the ac-
cuser cannot prove, although the general
conduct Of the accused may be far be-
low the recognized standard of pro-
priety And it may be conceded that
each accusation may be very cruel in
many cases of thoughtless improperly;
but, for the law to step in and disrupt
a family in such case, as has frequently
DCC4l IOilt III lillo bldtC, WiluOul liI6t tiy
ing the effect of penal statutes as cor
rective, places the public intelligence In
no enviable light to the eyes of many
conservative people.
Excepting only the first and oldest
ground of divorce, the several causes
laid down by the statute have been more
or less strained to give them operative
effect, and the result is a more or less
melancholy record throughout the state
And in this respect California is not
worse off than other commonwealth, al
though some of our grounds of divorce
are not recognized as such by many Of
the other states.
We know, approximat tely, all that has
been said in favor of the existing law
and are fully prepared to anticipate our
critics. The sacredness of individual
liberty and the protection of theoreti-
cally imperiled lives and health, are
all very good arguments in their way:
but human passion, or human obsti-
macy. or human treachery. or hnr-a~