Omaha daily bee., 1905-08-09
FOR UNIFORM DIVORCE LAWS.
Movement Deserving General Public
support.
Chicago Tribune.

Chicago Tribune.
PENNSYLVANIA is leading in movement
TO secure uniform divorce lays throughout
the United States. Its legislature has
passed an act authorizing the governor to
appoint three commissioners TO national
divorce convention which 1t is proposed to
hold at Washington. The commissioners
for the promotion Of uniformity in legisla-
ton in the United States, representing most
Of the states, who will meet at Narragan-
sett Pier on August 1s, will be asked to in
dorse the proposal for divorce convention
and they doubtless will do so, thus giving
Pennsylvania plan considerable i'm
petus.
No branch of American Jurisprudence is in
such a chaotic condition as that relat-
ing to divorce One Of the states-South
Carolina-has no divorce laws at all. In
Kentucky and wyoming divorces may be
granted for eleven different causes, and In
New Hampshire and Tennessee for twelve
In Idaho Nebraska, Nevada, South Dakota
and Texas a merely nominal residence Of
only six months Is required. In Massachu-
setts there must have been a residence of
from three to FIVE years the time varying
with the ground upon which the decree
is granted.
The offenses which must be proved
against the offending party range from
grave to trivial. In New York they can be
secured for but one cause-adultery. In
Kentucky they may be got on the ground
of "ungovernable temper" in Florida on
that OF violent temper" in Missouri on
that of "vagrancy;" in Oregon on that OF
'indgnities rendering life burdensome;" in
Rhode Island on that of gross misbe-
havior." Whether a decree will be granted
on such grounds as these evidently will de-
pend mainly on the opinion of the partic-
ular Judge trying the case as to what is
violent temper, rendering life burdensome,
or gross misbehavior. The tendency to
make divorce less a matter of law and fact
than of judicial discretion is frankly car
rled to its logical conclusion by the state
of washington, whose statutes provide
that a decree may be granted for any
"cause deemed sufficient by the court"
The mischief caused by the variances be-
tween the laws Of the different states are
both numerous and great The states which
attempt by strict statutes to keep the di-
vorce evil within bounds are practically
prevented from doing so by the lax statutes
of states around them. New York allows
divorce for but one cause, but its people
can go outside the state. stay six months
or a year. and get a decree on any one of
! a dozen grounds. Illinois prohibits divorced
persons from remarrying within year, but
they can go outside the state and remarry
in an hour. The anarchic situation, with
the immortality and perjury to which 1t
gives rise, is a natural consequence of the
bad faith the states have exhibited In their
dealings with each other in regard to this
matter.
1t is to be hoped the new movement will
have better success than the many former
movements started with the same object
| It may not have, however, for the same
! prejudices and varying opinions which pro-
| duced the existing widely differing laws will
/ operate powerfully to prevent them from
being brought into any reasonable har-
| mony.