Ottumwa tri-weekly courier. [volume] (Ottumwa, Iowa) 1903-1916, 1906-10-30
PROPOSED DIVORCE LAWS.

The report of the committee of the
divorce congress, which makes recon-
mendations of what the uniform d.
vorce law should be. appears to be a
reasonable conclusion. The matter
has been studied by lawyers and jur-
lists and out Of it all has been evolved
an outline Of statute, which has the
appearance of being all that can reas-
onably be asked by the divorce seek
ers and the persons who are seeking
the reforms.
OF course there are hundred. more
or less, different solutions to the d.
vorce problem that have been suggest
ed; some coming from persons with
good Intentions, but with limited
people who are familiar with the pro-
blems that divorce court has to face
Apparently the latter have been looked
upon favorably by the committee of
the congress.
Some states have almost as good
laws now as the one that is abogt TO
be offered. Others are more lax, and
doubtless, it is these that the congress
wants to bring into line with those
that have legislated more wisely.
Among the recommendation made is
that the statute prevent decree from
becoming operative Immediately in
the case of absolute divorce. The
idea is to keep people from getting a
divorce in the court room and stopping
at the clerks Office on the way down
and getting marriage license. Sew
eral, states have laws to this effect,
which are said to work satisfactorily
The trouble under present conditions
is that people can go into other states
and marry, as the statute deals with
the remarriage and not with the valid
ity of the decree. With the uniform
law this would be avoided.
Recommendation is. made by the
committee that no court shall grant a
decree where there is evidence Of col
fusion between the paties, or where
the offense charged has been condor
ed; and, further, that there shall be no
secret hearings of cases, but that all
shall be heard in open court.
Some of these things depend not so
much upon the law as upon the Judge.
There may have been collision, but
If 1t Is default case, and the judge
does not try to satisfy himself that
there has been none, there is no one
to make complaint as an outsider is
not likely to interfere. Some judges
make a practice of appointing some
attorney who happens to be in the
court room to cross examine the wit
ness in a default case. In this man.
ner sometimes things are brought GU.
that would not be otherwise unless the
court took the matter of questioning
witnesses in his own hands, as he is
liable to do If he has suspicion that
there has been collision
This question is probably one of the
hardest ones for committee and court
to solve. And it is really the one that
is Of most Importance The regulation
as to hearings in open court is not so
difficult to get at It is one to which
there can be little objection, and one
that is in full force probably in the
majority of cases now.
On the whole the state and nation
should move conservatively in the mat
ter Of divorce legislation. Only that
should be done which is necessary to
really safeguard the home and pro.
mote the welfare of society generally
That should be avoided which tends
to pander to the over-weening desire
on the part of some people to interfere
in the purely private affairs of other
people.