The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1904-03-14
CONSECUTIVE PoLYGAMY."
Need Of a Uniform Divorce Law in
the Country.
~ York Heraldl


The exposure Of the continuance of po-
lygan1ous practices IL Utah through the
efforts 10 unseat Senator Smoot has
brought up anew the question of marital
relations in the various states and re-
vived the discussion as TO the pressing
the country
Before easy divorce scandals had be-
come so numerous as they are today DR..
DIX declared from his pulpit that when
81 ran can have wife after wife and
woman husband after husband, getting
rld or each IN turn by system OF faclle
divorce. we shall have reached the cOndi-
ton Of the Mormons. with the sole differ
ence that his polygamy is simultaneous
and ours consecutive.
In New York. as everybody knows an
absolute divorce can be obtained on only
one ground-adultery. But men and
women who cannot make this charge. and
who from mere caprice or 10 contract a
new alliance desire to be freed from the
marriage tie. take up a copy of the di-
Vorce laws Of other states and select the
place TO make a So1Ourn and get "A cheap
and quick divorce very much as they
would pick up q railway guide 10 select
spot for summers vacation In Ken
cient ground; in Rhode Island gross mis-
behavior" in Ohio gross neglect of
duty'-and so the seeker for divorce can
select an ostensible and elastic ground to
suit his or her taste
Various terms of residence are required,
and taking the matter by and large,
South Dakota is so often chosen because
Il stay OF only six months is required and
six different grounds for divorce age Of
fered on its bargain counter. ranging
from marital infidelity to mental cruel
ty" In terms the statutes require the
seeker for divorce to be a citizen or resi-
dent. but they do not demand permanent
residence or tho intention of permanent
residence sojourn Of six months con-
stitutes residence" and even this need
not be continuous. considerable latitude
10 go and come being allowed. The result
is the familiar spectacle of men and
women going TO South Dakota for six
months and returning to their homes
with the decree OF court of that state
granting them divorce ana leaving them
free to marry again.
1t is assumed that every state is free
to grant divorces to its own citizens and
residents on such terms as it pleases and
to prescribe the requirements by which
any person may become a citizen or resi-
dent Moreover. as the constitution of the
United States provides that full faith
shall be given in each state TO the public
acts. records and judicial proceedings OF
every other il has been assumed that q
divorce valid where granted is valid
everywhere. But this assumption has re-
Gently received a severe shock I'm the re-
fuSal or British tribunals 70 recognize
certain divorces obtained in our western
states and setting aside the subsequent
remarriage and by a decision of the sup
preme court Of the United States affirm
ing the right Of every state to protect the
marriage tie Of its own citizens against
dissolution by any other state on resi-
dence taken therein for that sole purpose
| This was done in the case Of a Dakota
! divorce which had been declared invalid
by the supreme court Of Massachusetts.
This simply makes more imperative
| than ever the need or n divorce law uni.
/ form In all its provisions throughout INK
country. To protect the mercantile com
/ munity against the fraud and confusion
| caused by az many conflicting laws q.
! there were states dealing with insolven
/ cies ii was necessary 10 enact a natiOna
I bankrupt law How much greater tn.
/ need of a uniform law for the preventiO!
4 of the shameful complications that nov
( arise from our conflicting divorce laws
/ complications that affect the rights o
/ children. the permaneHcy and sanctity o.
/ domestic relations and that threaten {,
! destroy morality and subvert the founGa
| tiOns Of society