Los Angeles herald., 1906-05-13
ASK FOR NEW
DIVORCE LAW
BRlToNS OPPOSE ACT FOR
SEPARATION ONLY
Called Unjust to Women - Change
Which viii Allow Abused Wives
to Marry Again Demanded
by Many
speciaI CabIe 70 .rhe Herald.

Special Cable to The Herald.
LONDON May 12.-Following UP the
pronouncement by Justice Bargrave
Deane on the English divorce law Sir
Gorell Barnes, president of the London
divorce courts, and Alfred Plowden.
metropolitan chief magistrate, have
made a statement on the same subject
which has aroused enormous interest.
Mr.. Plowden's suggestion, which is
considered the most remarkable and
daring ever made by a magistrate, is
that magistrates should be empowered
to grant divorces instead of separation
orders.
Sir Gorell Barnes, speaking in court,
said since the summary jurisdiction act
for women had been passed in 1905 iu-
dicial separations had risen in number,
and he was convinced that the result
of the act had been to cause women
in numerous instances to rush to court
on the slightest provocation and en-
deavor to make out a case for an order.
Evil in Separation
Experience in the divorce courts gave
one considerable opportunities of iudg-
ing the laws governing the relations of
husband and wife, and, in his opinion.
said the president, it was desirable to
express the conviction which was forced
upon him-namely, that permanent sep
aration without divorce had distinct
tendency to encourage immortality" and
was an unsatisfactory remedy to apply
to an evil which it was supposed to
prevent
THAT the present state of the English
law of divorce and separation is not
satisfactory can hardly be doubted he
continued. 1.-The law is full of incon-
sistencies and anomalies. amounting to
absurdities, and does not produce de-
sirable results in certain important re-
spects."
Provokes Great Debate
The natural result of this has been a
great rush into print, through the me-
dium of the daily press. of lawyers,
clergymen, laymen and women, all taxi
ing part in the discussion. The gen.
eral legal opinion. judging from the
correspondence. appears to be in favor
of easier means of divorce, because it
is held that the act in question has
done good in granting the much-needed
relief. At the same time it imposes
temptations and disabilities on a sep
arated wife driven by husbands bru-
tality to get a separation. She is pro-
hibited from marrying again, she is
exposed to all the dangers and diff
culties attaching to such a position,
and it would be merely an act of Justice
to women to equalize the divorce laws
so that the. wife who is able to prove
persistent cruelty on her husbands part
should be able to regain her freedom
and the right, to marry better man.
Disapproved by Clergy
AS to the clergy, the feeling is that,
as the divorce laws do not meet with
their approval now, to extend their
scope as suggested would be resisted
by the church to the utmost.
Most of the women who write are
victims of the act, and complain that
by the mere separation from brutal
husbands they are neither married nor
unmarried, living alone without a pro-
tector and debarred from seeking one.
A suggestion on the male side which
seems to meet with some approval is
in favor of royal commission being
appointed by the government to take
expert evidence on the subject