The Mankato free press. [volume] (Mankato, Blue Earth County, Minn.) 1879-1924, 1904-04-15
MANkATo FREE PRESS.


cent of all divorce cases Hereunder. The
period of duration should be restored to
what it formerly was, namely, three
years. Cruel and inhuman treatment is
another commonly recognized cause for
divorce; but the decisions of thesyarious
courts as to what constitutes cruel treat
ment can never be reconciled. In Michi-
gan, Nebraska and Arizona, the legisla-
ture has taken the matter out of the
hands of the courts and permitted di-
vorees for cruelty whether committed by
the use of personal violence or other
means" A large number of courts have
held that justly grounded apprehensions
of injury were sufficient, and in Vir-
ginia it has been held, that, where the
wife and the neighbors believed threats
would be carried into effect, divorce
should be granted. Habitual drunken
ness, and imprisonment in the state pris-
own and other states, and efforts have
frequently been made to include insanity
also, but without success. Washington
is however the most generous state in
granting divorces. The code of this state
after enumeration of the usual causes
for divorce provides that ga divorce may
be granted for any other cause deemed
by court sufficient, and the court shall
be satisfied that the parties can no long
er live together" In all, not less than
twenty-five causes for absolute divorce
have been discovered by the different
states Minnesota recognizes only six,
but they are broad enough to cover al
most every matrimonial JAR"
The argument sometimes advanced
against national divorce law, that the
cost of divorces would be greatly en-
HANGED by compelling the litigants to
travel great distances in attending the
United States courts, is without founda-
ton in fact. The state courts should be
given concurrent jurisdiction with the
Federal courts as is now the rule in GER
tain bankruptcy matters, and there
would be no difference as to expense or
procedure. But it will undoubtedly be
long time before Congress will take ac-
ton, if ever The federal constitution
must first be amended and that is a
matter very difficult to accomplish. In
the meantime it behooves every friend of
moral homes and good government to put
| the shoulder to the wheel and assist the
church and school in raising the charact-
er of our citizens to such standard that
the evil divorce laws on our statute
books will no longer be tolerated. It is
true that some grounds for divorce are
| Just and must exist, but of the twenty
two causes established by the various
| legislatures nineteen should be stricken
out and the three remaining properly re-
stricted
The time allowed me under the rules
of our club has already passed by, and,
according to custom in all political con-
ventions, [ will wind up my necessarily
brief and incoherent suggestions by an
appeal for good roads.
Our country boasts with just cause on
leading the world in enlightenment and
progress. In five hundred years we
have accomplished what the old world
has achieved in five thousand, with just
one exception. We lead in commerce and
railroad transportation, but we have not
yet learned to appreciate the value of a
good public highway. We must not de-
spair, however. When we have succeed
ed in raising the standard of the average
legislator so that, unprecedented by local
influences, he may see his whole duty
and do it; when we have secured revi-
sion of our state constitution so as to
connect the evils of experimental and To-
cal lawmaking, and provided for just and
equal taxation; when the United States
Senators shall be elected directly by the
people; when uniform laws shall be APP
piled to negotiable instruments; and
when no divorces shall be granted, unless
it be on the grounds of infdelity, cruel
and inhuman treatment, or wilful de-
sertion, for not less than three years
prior to the filing of the complaint, let
us hope, that then fair proportion of
our intelligent and progressive citizens
may by the light of an "All-seeing Prov
idence," if in no other way, see the folly
of trying to better our highways, by
spending the substance of our land in
the form of poll tax labor under the
supervision of the ordinary pathmaster,
and let us also hope, that then our state
legislature may realize the value of con-
tract labor, the cash system and COM
petent road overseers in the making and
maintenance of good public highways.
Yet, on the other hand, we must not
expect anything approaching perfection
at the hands of our legislatures. The
members of these bodies are all human
and subject to the same frailities as
the balance of mankind. The millennium
is long distance off, and until this
period of equality and altruism arrives,
we dare not even hope that the enact
ment of perfect laws will be anything
but a divine reality, an angelic proba-
bility, and human impossibility.
| The discussion was opened by Nelson
Weed, and every one present participant
ed. All conceded with the points made
in the paper, it being the general opin-
ion that Senator Eberhart had the mat
| ter sized lin RIGHT The great mart