The Providence news. (Providence [R.I.]) 1891-1906, 1901-11-25
New York Lawyers Say Stringent
Laws Drive Away Business.
HAVE PREPARED AMENDMENTS
They Claim That More Llhsral Prevlslsns
Will Have tho Effect Of LssssnIng
The Number Of Divorces.

New York, Nov. 25.--After many years
or agitation in support of amendments 10
the present divorce law favoring greater
latitude in the matter OF causes of ac-
tion, bill has been drawn UP for presen-
tstion at the coming session of the iegis-
lature. which. IL enacted. will, II is said,
achieve this object.
A number of lawyers have formed a
committee TO take the matter In charge,
and this COMMITTEES Is now preparing sta
tistics and data to influence the legisla-
tors in its favor.
The bin proposes 10 amend section s3i of
the Code of Civil Procedure so as 10 allow
husband or wife I'm actions for divorce
10 be competent witnesses against the
other. as Is the rule in other states. At
present all husband or wife can testify
10 Is the date and circumstances attend
ing the marriage ceremony. places of resi-
dence, number OF children and the like.
INTEMPERANCE AND CRUELTY.
The bill also proposes to add to the stat
ute clause making habitual intemper-
ance for more than two years or extreme
cruelty sufficient grounds for divorce
At present there Is but one ground-vio-
lation of marital vows-upon which a
divorce can be granted in the state. In
temperance or cruelty are a sufficient
cause for divorce In every state OF the
Union except New York and North Caro-
lima, the latter of which has no divorce
law at all.
Allen Carruthers, OF 2sl Broadway. who
makes specially of divorce law, said to
reporter:
Should these amendments prevail the
wholesale fraud which is now practced
n gfa IN will ha
sible. IL is safe to say that rs divorce
suits out of hundred in this state are
really based upon extreme cruelty or in
temperance; the statute against colluSlon
is violated by the parties committing per-
jury 10 free themselves from a burden
some yoke
Another result OF existing laws is that
thousands OF divorce cases which should
be tried by our courts and by our lawyers
are by necessity driven To foreign courts.
/ speak advisedly when / say that mil
lions OF dollars are spent outside of New
York for this purpose.
This diversion OF divorce business from
this state is inimical TO New York law
yers and is the source OF great revenue
10 lawyers OF other states where more
liberal divorce laws are In force sta
tistics show that 30 per cent OF the di-
vorce cases tried i'm other states comes
from the state of New York.
TENDING TO A UNIFORM LAW.
Should the amendments prevail they
will tend to secure uniform divorce law,
such as the church, the bar and the cOun-
try generally have been advocating so
long. The other states, all of which have
from three TO IA causes for divorce. will
not take a step toward uniform law
until New York. which has persstently
adhered 10 the Engllch doctrine, shows a
diSnOgiIiOp N M hal
Jacques Bertilion. the French writer
and statesman, has contended for years
In common with other distinguished
writers and thinkers on this subject that
the laws OF state on divorce have no
appreciable effect upon the number of
divorces granted.
AS TO the grounds Of divorce. New
York laws consider but one--inhdelity.
New Hampshire has II grounds. Do you
ever hear OF any divorces in New Hamp-
shire? Kentucky has IL grounds North
and South Dakota have six each, and 80
per cent OF all the divorces granted I'm
these two states come from New York.
Kansas has ten grounds OF divorce: Mis-
sissippi, ten; Missouri, IL: Pennsylvania.
ten; Ohio ten; Rhode Island. ten: Wyo-
ming. IL Taking all the states OF the
Union together there are no less than 81
separate and distinct causes OF action for
absolute divorce, and 30 separate and dis
unct causes Tor limited dlVorce.
MARRIAGES AND DIVORCES.
Lawyer L. Guthrie has Just completed
statistics from various states comparing
the ratio Of marriages 20 divorces i'm
states where liberal divorce law exists
with that In this state where the restric-
tion is much greater
Mr.. Guthrie's table shows that Della
ware has 5542 marriages To one divorce;
New Jersey, 1854 marriages TO ore III
vorce; Maryland, 1921 marriages TO one
divorce, and Virginia, 1884 marriages to one
divorce, while New York has only 1852
marriages 20 one divorce.
In the first four states mentioned the
divorce laws are most liberal incom-
patibility Of temper desertion and habit
ual drunkenness being sufficient causes.
Il think" said Mr.. Guthrie. that these
statistics show clearly that liberal laws
really restrict the tendency TO divorce.
and that where such liberality exists
family ties and marriage contracts are
held much more sacred than elsewhere"
The American Bar association. which
met at Denver on Aug 2l. adopted re-
solutions in favor OF a uniform divorce
law.