Kansas City journal. [volume] (Kansas City, Mo.) 1897-1928, 1898-03-31
STATE BAR ASSOCIATION RECON-
MENDs REMEDIES.
CAUSES SHOULD BE fewer.
PROVISIONAL AND ABSOLUTE DE-
CREEs OF DIVORCE.
Judge seIden p. Spencer, of st. Louis,
Elected President-AbIe Papers
Read mt the Closing Ses-
sions Of the Meeting
Yesterday.

III III 5NbJ'N
a special order for the second and last
days session of the State Bar Association
at Lyceum hall y~esteday. 1t nevertheless
occupied much of the time and attention
OF the convention. The features of the
discussion were An able paper by Judge
J. F. Green, of De Soto. and the report
of the committee appointed to act upon
the recommendations of the Kansas City
Bar Association.
The committee reported a few verbal
changes and added a section providing for
the appointment Of an attorney to defend
default divorce cases. The Kansas City
Bar Association recommended as follows:
I'VE reach the conclusion that hasty and
fIladvised marriages are the cause of the
great increase In the number of cases. Di-
vorce DEGREES are granted with too much
haste. Hasty marriages are illadvised mar
riages. Divorce cases should be made more
stringent and we recommend as follows:
'First-A divorce may be granted for
vagrancy of the husband only when the
husband has been adjudged a vagrant with
in three months next preceding the decree;
"~SScond-That no divorce shall be granted
unless the complaining party has resided
one year within the state. s..u ;.
"Thfr6-That the guilty party shaH De
prohibited from remarryinG until the expir-
alton Of q certain period, say three years,
from the granting OF the decree
"Fourth-AD DEGREES should be interloc-
utory only, subject to be made absolute on
the motion of either. party after a liked
time. say six months or one year. The
court should be vested with power to re-
fuse an absolute decree for good cause;
The first decree should he made provisional
only and shall not grant an absolute d.
yorce, but may provide Ior a separati6n
provisional decree the court may, on the
application of the injured party. make the
duct on his or her part since the provision
al decree. In all cases where the proceed
ings may have been by default. the de-
isnosns nay appe Ths anu Me ahs" vase Ds sbaI1
be set down for trial de novo. Upon such
rehearing the prevailing party may be
one year after the provisional decree. The
provisional decree may be set aside by
the court at any time before the final de-
cree is entered Of record upon proof Of
These recommendations will be embodied
in bills to be presented to the legislature
next winter.
Judge Green's paper was read at the
morning session. After reviewing the his
tory of divorce legislation, Judge Green
said:
Marriage, In the strictest legal sense. is
simply a civil contract. but in n broader
view 1t Is more than a contract, giving
Character to our whole CIVIL p01cy ana al
fecting public welfare. A glance at the
legislation in Missouri shows that the eff
feet has been TO encourage divorce. The
territorial laws of 1907 gave only four
grounds for divorce-impotency. previous
marriage. adultery and abandonment. Jury
trials were abolished in 1877. the number
of grounds was increased to eight-felony.
hs bitual drunkenness, vagrancy and de-
sertion for two years being added. Since
1885 the door has been open to the widest
extent for the abuse of legal process and
the fullest nnpOrfupity for fraJtd and roll
fusion. Under the former laws the desire
OF the parties to avoid the provision as to
ren;arriage led to defenses in nearly all
cases.
There is now no longer any necessity
for defenses and the decree in favor of
one party is equally advantageous to the
other. and no penalty is attached. In 80
per cent of the cases filed, no defense is
made.
"A first step in the way of reform would
be a law prescribing a reasonable limita-
I tion or restriction on remarriage by the
party in fault. Suits would then DO de-
feEded and the courts would teen cease to
confirming the desires often of both par
ties. The soundest principles of public
policy. require that causes for divorce
should be few in number. II absolute de-
crees should be refused for a period, re-
cancellations might be effected. and at any
rate indecent haste in remarrying would
that they must live together except for
the few causes, they learn to soften by
mutual accommodation that yoke which
they know they cannot shake off. The
Well being of society requires such ad-
1ustment in the laws regulating marriage
and divorce that persons taking upon
Themselves the vows incident to marriage
will do SO with deeper regard for its du-
ties and Responsibilities. and with due no.
ticc that the reissfon will not be sundered
by the courts upon trifiing prefexts."
The following are the new officers of the
association elected yesterday:
President-Selden p. Spencer. of st. Louis.