Daily Kennebec journal., 1906-03-03
AUGUSTA LOCALS.
THE DIVORCE EVIL.
Carefully Prepared Paper by Judge
Whitehouse on Subject.

Maine supreme court has sent letter
to Capt. David II. Tribou. chaplain of
The United States Naval Home in
Philadelphia, in answer to some ques-
tions on the divorce problem, Capt.
Tribou being one of committee of
seven who is Investigating the subject
of marriage and divorce. AS Maine
TODAY is by far the banner State in
New England in the number Of di-
vorces, being one TO every seven mar
riages, the letter is of special interest
at this time it being the first utter
ance of the bench on the subject for
a long time. Judge Whitehouse, in
brief, says:
I'VE find that divorce is an institu-
ton which has existed to a greater or
less degree i'll all ages; that freedom
Of divorce sometimes ACCOMPANIES
periods OF licentiousness and immor-
ality, and sometimes not. that when it
does it is more the outcome than the
cause of the licentious tendencies of
the period; that increase of divorce is
not necessarily symptom of degener-
acy but may be the result of the chang
ing condition in the evolution Of socie-
ty and the progress of civilization:
that divorce has largely Increased in
Europe during the last half century;
but that the chief causes Of this were
% the evolution of the individual and
of woman to i position of equally and
independence. and CD the breaking
away from the dogma of the church as
to the indissolubility OF marriage.
I'VE have further seen that freedom
of divorce should be restricted within
certain limits, since otherwise ii would
mean polySamy. the diSintcgrati ton Of
the family and an inferior civilization; !;
that the proper limits which the law
should fix To the right of divorce are
that when the conditions which make
mOnOgamy desirable in general have
ceased to exist in Il particular mar
riage. or in other words. when Il mar
riage has proved an irremediable fail
the right to remarry, otherwise not {:
that upon some of the grounds of di-
vorce allowed in this ana other states
it may he obtained for insufficient
causes. practically by mutual consent
or in some cases the will of either par
ty: and finally that to improve our cX-
isting laws ana prevent unnecessary
divorce, the following changes are de-
Sirabl". namely:
FIRST, the passage of careful and
uniform marriage laws throughout all
the states, requiring licenses and
declarations of intentions. and prohib-
iting marriages before n certain age
and when either party is physically
detective.
Second. that provision is made for
a preliminary hearing. similar to the
Interview OF reconciliation in France,
in every case for the purpose Of effect
ing reconciliation.
Third. that absolute divorce with
the right to remarry beallowed for the
cause Of adultery and whenever the
court or jury shall be satisfied beyond
reasonable doubt that the parties can
no longer live together in harmony. and
1t is for their best interests and those
of society that they should be divorced.
Fourth. that these causes of divorce
together with two-year bona fdc
residence clause be made uniform
throughout all the states, and either
by federal law made possible by con-
stitutional amendment or by like laws
in each state. each state providing in
the latter case that a divoce granted
in any other state shall be valid in the
state in question.
But after all it must he remember
ed that laws cannot change human ma
turc, reform bad husbands or made
good wives. lcgislate morality into
criminals or tenderness into brutes, ans!
it is chiefly through the education.
moral discipline. religious training
and the higher civilization that We
must look for such an evolution in the
charge cter Of humanity as will eventual
ly make marriage come in time to be
in fact what it is now in theory: for
better or worse, for richer or poorer, in
sickness and in health, till death do
us part"
I'm France an interview of recon
| ciIiation is expressly required by the
code civil and the code Of civil procedur,
on separation and divorce. Only the two
parties and the judge are present at
| this interview of reconciliation. except
that the judge may and sometimes
does have his clerk present This in
tervicw is considered privileged and
confidential and commentators upor
| French law caution judges to he dis
| Greet in guarding this confidence NJ
| report of the divorce suit is allowed f,
| be made in the public press under =
| penalty of fine of 100 TO 2G0 francs.
| In France the civil jurisdiction i.
exercised first by justices of the pcac.
i of whom there iS one at least in eac!
canton who conCiliatcs if possible anj
decides cases of minor Importance
second. by the civil tribunals or Tribu
nails OF First Instance which are mex
in order above the justices of the peace
| third. by the courts Of appeal whicl
are next above the Tribunals of Firs
Instance. and fourth. by the court o
cessation which is above all the Other
tribunals. The courts in our American
judicature corresponding respectively
to these French courts would be tin,
trial justices. the superior court, tn.