Ottumwa semi-weekly courier. [volume] (Ottumwa, Iowa) 1899-1903, 1901-07-11

divorced wife is living, and then reach
heaven. AT present l am not con-
WINGED that he can not, but rather
think he can. Acting on that assump-
ton l will now call your attention to
the laws o. Iowa on the subject of d.
vorce, asking you to keep in mind all
the while the question, Does public
policy demand change in the law as
it now is?
Causes Recognized BY Code.
Our code recognizes the necessity of
divorces and stipulates the following
as grounds therefor:
1. Adultery committed subsequent
to marriage.
2. Wilful desertion without reason.
able cause for the space of two years.
3. Conviction of a felony after the
marriage.
d. Having acquired the habit of ha.
bitual drunkenness after marriage.
5. Such inhuman treatment as to
endanger the life of the party asking
the divorce
| need not consider the first ground
stated because it is universally con-
coded that adultery is proper ground
80 u ASSoi oSpol1lioI.
Whether or no the wife should be
entitled to divorce because her hus-
band has left her without reasonable
excuse, for the space of two years, is,
l admit, debatable question
Thls is one ground which makes d.
vorces easy to acquire. Nevertheless
/ think the law itself about right. l
would make one change in this provi-
sion If had my way. l would make it
four or five years instead of two, so
that the opportunity of another mar
riage might be put so far off as to be
no inducement for divorce proceed
ings.
The third ground l would not
change. 1t is an everyday occurrence
in our courts that honest, upright and
helpless women are put to shame
by the connection of an unprincipled
or worthless husband, and in such a
case think the law can not too speed
lily restore the wife to all the rights
and privileges of an unmarried wo-
man.
When We come to the question of
habltual drunkenness as a ground for
divorce, pause. really do not know
what to say. Sometimes in my ex-
perience on the bench | have felt
strongly inclined one way and possibly
the very next case would cause me to
feel just as strongly inclined toward
the other side. In such cases the court
should be allowed to take into consid-
GRAFTON the previous conduct of the
wife toward her husband in so far es-
pecially as the drink habit is concern
n1 and If che no INN of
duct leading to his downfall then so
long as there is no provision whereby
the public will take him into custody
and restrain him until cured of the
habit. So long, think, the
courts should be open to the
wife to relieve her from
the shame and disgrace and british
conduct of drunken husband. On
this point l would suggest an asylum
for habitual drunkards the same as
for insanity. And such a provision
having Eeen made | would withdraw
this ground as cause for divorce.
The next and last ground is the one
under which most divorces are, think.
granted. 1t is more general and much
more indefinite, and it is the one
ground upon which the courts of our
state differ more, think, than upon all
the Others
l. Treatment must be inhuman.
2. 1t must be such as to endanger
life.
| do not think this law can be very
much improved by legislation. The
law is necessity Some of the best
people of Iowa have come into nv
court upon this ground.
Such is our law on the subject and
such are the only changes l would
suggest in the law providing grounds
of divorce. But there is one expert
ment would like to see tried, and that
is: | would like to see the law such
that it would be the duty of some at
torney in each county to investigate
the facts and advise the court there
upon in each case when there is no
contest. and to appear for or as a
friend to the court and cross examine
the witnesses; and | would let the
court appoint the attorney and fix his
compensation in keeping with the SER
vices rendered. Such a provision
would, | think, prevent a good many
divorces from being improperly greet
ed. Under the law but little discre-
ton is left in the court.
Harlan Smith Talks.
Harlan Smith said in part:
Il notice in the different grounds
given by Judge Roberts under which
divorce may be granted by our state
laws one is omitted that comes under
the law in number of our sister
states, and that is for incompatibility.
Divorce is menace to our social and
spiritual life, but, as in other things.
sometimes it is best. If there is a
flaw in the mechanical construction
sufficient to endanger it's power and
usefulness the thing to do is to repair
the flaw. A couple married. finding
they cannot live together in a half rea.
sonable manner, with no sympathy
for each others welfare, where nag.
ging, selfishness and irritability reign,
such couple should separate. The
man, with such state of affairs at
home, would naturally be dwarfed in
his ambitions, and his desire to fully
enter into the sphere of his usefulness
would be stifled to a great extent and
the result is that he does not fully
materialize on the talents that have
been bestowed on him. He suffers