New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1902-11-24
DIVORCE IN FRANCE
MOVEMENT FOR MODIFICATION IN rr,,,
LAWS WHICH NOW GOVERN IT
Paris, November n

DlNorce Is again the order Of the dav -
France. Ifnperfecttons and incongruities OF tba
present law, introduced by NJ. Naauet- caras
the Father of Divorce" and enacted in TS7e
by the legislature in a much amended go
after memorable and stormy debates, have beaT
demonstrated by the law courts. after tvan+,
six years experience. The surprises and anon.
lies Of the law Of 1876 have been cleverlv a..
skilfully treated on the stage by the vounga-
Dumas, by Henri Meilhac, by LudovIc Halsvv
by Victorian Sardou, by Henri Lavedan bv
Alexandra Bison and by Alfred Capus.
Its injustice and severity have been set firth
in fiction by Anatole France. by Georges ObDa,
by Paul Bourget. by Marcel Provost, by Andrs
Theuriet and by CASTOR Deschamps. The brill
liant Siamese twins of contemporary French
romance-the brothers Paul and Victor Ma
gueritte-have just written novel called les
Deux vies." which presents the divorce proh-
lem in such vivid colors that the popular an
thors have been requested by the Influenza
political group Of the Free Thought to pu+
the thesis of The Two Lives in the form Of =
petition to the Senate and to the Chamber ~
Deputies
This has now been done, and the petition n,
the Marguerite brothers. supplemented by a
''projet de loi" or biIl has been submitted n
the Senate by Senator Georges Clemenceau. and
placed before the Chamber by NJ Gustave Rfvst
Deputy Of the Department of the Isere. A par
lianentary divorce commission has been formed
Newspapers in Paris and throughout France
have taken the matter UP with enthusiasm
The Temps" the "Debats." the Figaro" tia
"Gaulois." the "Republique FRANCHISE" thu
''Rappei." have each devoted from two to thraa
columns to analyses of Les Deux vies"
The public IS aroused, and. as is always IN.
case in France. We are in the presence Of two
strong and conflicting currents OF opinion each
emanating from the opposite poles Of French
thought-the Catholic conservatism OF cowI and
caste personifed in the Chamber by Count Al
bert de Nun. the most accomplished orator IN
France. and the radical revolutionary doctrines
of the Rights OF Man" upheld In the present
parliament by such fearless and eloquent cham
pions as CIemenceau. Leon Bourgeois and Jean
Jaures.
The contemplated reform Of the divorce laws
Is radical and simple. II consists Of three dis
tinct propositions-frst, that incompa ubiIty Of
temperament be recognized ground for d.
vorce; second. that mutual consent be deemed
sufficient and, third. that under certain con
ditions the formal and repeated demand Of one
Of the parties be valid cause for dissolution Of
the marriage contract
As the law now stands the only grounds for
legal divorce are % adultery. which must be
established by direct evidence. or else q .on-
viction by the tribunals for heinous OF Infamous
crimes. which carries with il in France the
loss of civil rights.
Twenty-six years Of investigation made since
the present divorce laws, Of 1916 came into OF
Grafton show that 50 per cent Of the cases OF
conjugal separation are due to incompa ubiity
Of temperament, or, as the French put it, 20
'incompatibilite d'humeur' This however. not
being legally recognized as ground for divorce
NHa
around the stump BY a stratagem az once vul-
gar. meretricious and immoral
This is what usually happens: couple who
live unhappily together. owing TO uncongenal
character or dispositions and who both agree to
unrivet their matrimonial chains, come 10 an
understanding and arrange a little comedy IN
which the leading parts are played by the hus-
band and wife. by the Commissary OF Police BY
q municipal constable. by an oblging inakaspsr
and above all. by a cOmpIacent spiuster or
bohemian bachelor, who makes a prerence Of
fulfilling the functions that in the United States
would be equivalent TO those OF the correspond
emit There are hundreds Of men and women in
Paris whose names are kept on the lists Of the
divorce lawyers who are only too eager 10 earn
the customary fee OF so francs. or So. by assun-
ing the isnoble role required OF them. Several
well known influential Americans. by common
consent with their wives or husbands, have
utilized in Paris this device for securing d.
vorces
The scandal Of this procedure. which complies
with the letter of the law, but which eudes rs
spirit, and is contrary TO the intention Of the
Legislature. has at last become so fragrant that
enlightened opinion in France demands that II
be suppressed. The proposed reform is expected
10 accomplish this II the legislature adopts
the views OF Paul and Victor Marguerite IN
declarations at stated periods. varying from sG
months to three years. setting forth with SUD
stantial e-idence their inCOmpatibility OF ten
permanent and their mutual consent 70 divores
and this will be accepted by the tribunals .
valid ground for Issuing a decree OF divorce
II viii be recollectcd that mutual consent T-s
recognized by the law of 1892 valid gTounl
for divorce. and according to statistics adduesa
by NJ. Naquet worked we'll and smoothly durns
the First Empire without giving rise 10 aousS
or scandal
The third point OF the proposed refornl-aa'
according to which the declaration Of one 0hN
of the parties to the marriage contract os
deemed sufficient for obtaining a decree OF
divorce-meets with the disapproval OF many
Republican Deputies. and has called forth con
siderable opposition in the press. The Mar
gueritte brothers have, it is true, taken many
precautions in the drafting of the Divorce OH
TO exclude mere caprice or passing i'll temper
from having legal effect. This danger was as
cussed at the hearing accorded TO the MAJ
gueritte brothers by the parliamentary connnls
sion appointed 10 report on the matter In
conditions adopted by the Divorce ComnIsSO"
for cases where only one Of the parties denlaAUs
divorce are interesting II may be remsHoeIeU
that the International Congress for women
Rights that met in Paris during the "o''N
Fair Of 1900 passed a resolution that dVoF'9