Daily inter mountain. [volume] (Butte, Mont.) 1881-1901, 1899-08-16
CAUSES FOR DIVORCE.

New York Journal: There has been
much of late about the facility
with which divorce is procured in this
country. Cardinal Gibbons recently de-
scribed it as reckless facility" The gen.
efal tendency of the nineteenth century
civilization has been toward a more lib
eral divorce law. yet America, usually
in advance of the countries of Europe in
adopting new methods, has not kept pace
ia this particular, which speaks we'll for
the, esteem in which she holds the mar
riage relation. For instance:
Austria grants divorce for "Unconquer-
able aversion on account of which both
, parties ask for a divorces. Any court in
the union would dismiss the petition as
collusive where both parties agree to ask
for the divorce.
Hungary has the same law as Austria
on this subject.
Belgium grants divorces on Mutual or
persevering desire or consent of both
parties"
Denmark, mutual consent"
In almost all of the provinces of the
German empire divorces are granted for
"uncOnquerable aversion
agreement after years separation is
a valid ground for divorce in the Neither
lands.
Norway. mutual consent"
Rounlaria. mutual and continued de-
sire Of both parties
Russia, mutual consent.
Sweden. "ipcompatibility of temper and
persistent discord."
switzerland. which recently adopted a
federal divorce law, n amended the
same generally, grants divorces where
the marriage relations are greatly
strained:'' also favourable mental dis
eases Of three years standing:" injury
to the honor or reputation Of either of the
parties"
The causes just mentioned are far more
liberal than any cause known IN Amer
lea. In fact. some of the causes for which
divorce is allowed in Europe are reasons
in most every state in the union for refus-
ing the divorce. AS an example. mutual
consent While in many instances both
parties may want the divorce. yet II it
We're known by the court that application
was based upon mutual consent 1t
would defeat the divorce every time in
America. Besides the causes just men
toned as an example Of the liberality of
the divorce laws of Europe, almost all OF
the countries of that continent have d.
vorce law embracing about all OF the
, causes that we have in America.
A great many are under the impression
that divorce can be obtained in America
for "incompatibility Of temper Yet as a
j matter of fact there is no such cause for
divorce in any state in the union.
There is a marked increase in divorce
as shown by the statistics of other
! tries as well as America, but this cannot
! be attributed to any fault OF our laws,
| for the people are back Of the laws in
| every instance in this country"
The report Of the commissioner OF labor
| referred to by Cardinal Gibbons. which
was based upon a very careful and disln-
. terested investigation, plainly demon
strates that stringent or liberal laws of
divorce do not correspondingly decrease
or increase the number of divorces. This
| is also the contention of some of the best
writer's upon this subject, notably M.
Jacques Bertillon, who is probably the
| ablest and most. exhaustive writer upon
| this subject. This is also borne out by
the statistics of various countries.
The fact is, we may judge our divorce
| laws and also the number of divorces
granted by the sentiment of the people.
New York. for instance, is he only
state in the union that grants divorce
solely upon the grounds of infidelity. Yet
New York furnishes more divorce suits
| than any other state in the union, and
| probably more unhappy marriages. In
this state marriage is easiest and divorce
hardest of any state in the union.
1t is a serious question if the policy of
our law on marriage and divorce is a cor
rect doctrine. We encourage with reck-
less uncertainty marriage, which we fain
would approve, yet refuse to dissolve. But
! people will divorce themselves from in
tolerable relations at any cost. Marriage
is a contract. and you can no more leg
| islate it eternal than you can any other
co-partnership between individuals; nei-
ther can you legislate people to love. re-
spect and forbear with each other where
the material elements of union are lack
ing.
A uniform marriage and divorce law
would do more to decrease the percent
age of divorce h a anything else, and
this could be accomplished If the proper
efforts were put forth.
Switzerland, under a constitutional
form of government like ours, adopted a
uniform divorce law in 1894. Until then
they had laws similar to ours, each can
ton having it's own peculiar divorce law.
On December "a, 1894, the Bundesratn
passed a federal divorce law, which was
adopted by popular vote of all the can
tons.