Evening star. [volume] (Washington, D.C.) 1854-1972, 1900-12-20
Testimony Closed.


u the Editor OF Inc Evening star:
Representative Ray, chairman of the
House committee on the judiciary, has
written letter relative to a constitutional
Amendment. giving Congress power to en-
act uniform laws regulating marriage and
divorce. He says that he proposes to press
such measure. as he thinks the law of
marriage and divorce ought to be uniform
throughout the nation
Such a measure would be step in the
right direction. 1t is highly desirable that
the present conflicting laws should be har-
monZed, and this cannot be done except
by comforting upon Congress the power to
Regulate and control this matter. Nothing
So weakens our respect for law or shakes
our faith in any distinction between right
and wrong the knowledge that what is
permitted in one state Is forbidden by the
laws of another state. A uniform law
would do away with the scandalous and de-
mOralizing complications growing out of
our present system This contemplated step
to secure a constitutional amendment au-
thoriZing such a law should receive the
support Of all friends Of morality and of
the home life which is based upon it.
a brief survey Of some Of the statutory
provisions of the different states will con-
vince any person Of the necessity of some
radical and sweeping reformation. In all
OF the states an absolute divorce is granted
for adultery with the single exception of
South Carolina, which has no divorce laws,
but there is a diversity in the states as to
the number of times this act must be COM
mitted some states holding that the com
mission Of one offense is sufficient and 9TH
ers requiring that the parties must be &C
tGaliy living in adultery. Alabama, Ar
kansas. Iowa, Ohio and some other states
grant an absolute divorce for abandonment
or willful desertiOn. but there is no uni
fOrmity to the period Of desertion before
action can be commenced. In Arizona six
months desertiOn is sufficient In Arkau-
sas and other states year is required.
Alabama makes two years necessary, Con
necticut three years and Virginia and some
other states five years. Conviction and i'm
prisonment for crime is a cause for divorce
in all states except Florida. Maryland, New
Jersey. New York and South Carolina, but
with conflicting limitations. In some states
the only requisite is an indictment found,
others requiring conviction and imprison-
ment To follow. Even the duration of the
imprisonment varies in different states.
some requiring two years and from that
up to seven years, and some hold that
II the confinement is in the house of cor
rection il is enough. while a few hold to
the necessity OF Imprisonment In states
prison In some states the conviction must
be after marriage, while a directly con-
irary rule prevails in others.
It is often the case that one law obtains
In a state and just over the border an op-
pesite doctrine is established. One juris-
diCtiOn holds any cruel treatment sufficient
ground for divorce and an adjoining state
Te4uires extreme cruelty and inhuman
treatment sufficient to endanger life The
1eTgth of time that the cruel treatment
must continue Is only six days in state,
up 10 six months in another and still an
other state holds that the commission of
one act Of cruelty Is ample ground for
dissolution of the marriage contract. In
Missouri drunkenness is good ground for
divorce. while Texas holds that even habit
ual drunkenness is not q efficient ground.
Aside from these specific causes there
ot,It rt,l,,
grounds for divorce such as husband noto-
riously immoral before marriage unknown
20 wife, in West Virginia; fugitive from
Justice, In Virginia; gross misbehavior or
wickecness. in Rhode Island: any gross
neglect of duty. in Kansas and Ohio; re-
1usal OF wife to remove into the state, in
Tennessee; mental incapacity at time of
marriage. in Georgia; three years associa-
ton with any religious society that believes
the marriage relation unlawful, in Massa-
chusetts; parties cannot live In peace and
union, IN Utah; vagrancy of the husband
An Missouri and Wyoming; when conduct
defeats the purpose of the marital rela-
tons. when the court thinks 1t is improper
and indiScreet for the parties to continue to
1--WE together, when the parties declare they
cannot live with each other. in other
states.
ground that the defendant uses tobacco,
which aggravated the plaintiffs headache;
for cutting OF plaintiffs bangs by force;
because husband would never cut his toe
pals; because husband, during his whole
married life, never offered to take the
pafntiff out riding, which was a source of
great mental suffering and injury.
The legal remedies and proceedings for
the obtaining of the divorce present the
same conflicting and inharmonious specta-
gle Delaware and Louisiana have no stat
htory provisions as to residence. One state
does not require previous residence; Okla
homa requires but ninety days; Nebraska.
Nevada and five other states require six
! months; twsnty-ssvsn states require one