New-York tribune., 1907-01-25
DEFENDS DIVORCE LAW
UNIFORMITY IMPOSSIBLE.
Dean Kmchycey Says Congress-
Action U1iU Be Without Result.


Club A Of the Peoples Institute predicted the
failure Of the attempt to obtain uniform
divorce law. He said he believed the present
laws in the various states were fairly repre-
sentative of the people of those states, and as
divorce laws were shaped by conditions they
would from time TO time be altered to meet
changing conditions. At present he did not be-
lieve in tinkering with the laws. so long as it
had not been determined satisfactorily that the
laws were responsible for the present state Of
morality
Speaking OF the uniform bill drawn up By the
Divorce Law Congress. to which each state. ex-
cept South Carolina. sent two commissioners,
Dean Kirchwey said he did not any chance
of its passage. The bill WIN soon be presented
TO the legislatures OF the various states. States
like New York. which had only one ground for
divorce, Mr., Kirchwey said. would not be will
ing to include more grounds, and states which
had more than the six presented in the pro-
posed law would not be willing to accept fewer
grounds than they now have.
The commissioners from New York State. he
said, had told him they had voted against the
adoption of the proposed law by the Congress,
and. although it would be their duty to present
it to the Legislature in this state. they would
recommend that II "be killed on sight" Indeed.
ne said. one Of the commissioners did not be-
llVNo III ulNphCO ui any 6iOuIiuf anu WOOAu ~
to induce the Legislature to strike out the one
ground on which divorce may now be obtained
in this state
Dean Kirchwey said there were no divorces in
simple and unsophisticsted communities. and
asked II civilization and wealth. which comes
from civilization. did not carry with them the
canker that destroyed domestic life.
II am afraid we shall have to admit it is true
that as civilization advances We have more cor
ruption OF the heart" he said II am inclined
10 think divorce has come to stay. II We have
a barbarfc revolution, we shall go back TO the
simple life and domestic relations may resume
their simple form. 1t is not true however. that
we have contracted the divorce habit, and
can't believe there is anything in divorce which
threatens domestic life In general do not
believe the increase in divorce Is due to the
state of the divorce laws. The principal trouble
in the world is not divorce. but the immortality
OF which II is an incident"
Dean Kirchwey then outlined the vagueness
and generality OF the grounds for divorce In the
laws OF various states, and spoke Of the abuses
arising from this He said the reason there
was such an outcry over Maxim Gorhy and the
woman who accompanied him 20 this country
was that this country did not understand the
Russian laws. As a matter Of fact, he declared.
they were as lawfully married as was possible
for people who had been married previously in
that country. The Russian law provides that II
a mans wife leaves him. as was the case with
Gorlzy he may take another wife. who shall be.
for all except religious purposes. his legal wife
The children OF such union are Legitimate and
may inherit property.
As 20 the attempts 10 get away from ths m
felicities OF the various divorce laws In this
country. Dean Kirchwey said; The obvious
method Is TO induce all states and Congress.
which legisates for territories. TO enact identi-
cal divorce laws This is a difficult thing 70 do,
but not half so difficult as the other two ways
The second would DO TO get Congress TO enact
a uniform law for the entire United States and
TO get the United States Supreme Court 20 de-
clare It constitutional. But It couldn't be con-
stItutlonal: so such q way is hopeless.
"One OF the members OF the divorce congress
gravely said he thought such law would be
constitutional asked him under what clause OF
the Constitution it would come Under the
interstate commerce provision he replied.
asked him IL he was Joking. He said he was not
as he believed interstate commerce did not mean
merely the transportation Of goods. but referred
TO all relations between persons which might be
different in different statos. told him 20 20 no
further. as he was talking nonsense.
Another way 20 secure a uniform divorce law
would be to amend the United States Constitu-
thOre Will never be another amendment, except
in some great national crisis. as the process has
become too cumbersome"
Speaking OF the committee appointed by the
American Bar Association IN 1879 TO secure the
adoption of uniform laws on marriage and di-
vorce. which. he said. had never been able 20
reach any agreement (ss had its successors).
Dean Kirchwey spoke OF the organization OF
the divorce congress In 1906. The recent con-
Rress had reported in favor OF q uniform law
with the following grounds for divorce: adultery.
hgamy. conviction and sentence for felony ex-
treme cruelty. wilful desertlon for two years.
habitual drunkenness for two years But Dean
Kirchwey saw no prospect for the adoption OF
such uniform law by the various states.
In discussing such questions we should al
ways be To define our position" said Dean
Kirchwey, IN ending. The more think Of II
the more I am convinced that ethcally speaking
10Y personal advice / should say. Go home and
make the best OF your bargain. There was
never any condition bad it could not be
cured. Perhaps there is some lOftter aim In this
world than happiness. after all.
But If the Legislature should ask my advice
/ should say: You cannot exterminate the evil
has reached state of civilzatiOn-Or should
l say degeneracy you had better give Il dt-
VOTCe. for il will get its equivalent anyway 7
would not limit divorce 10 one cause I think
congress are fairly good. l would make nothing
an irrevocable cause for divorce. L would leave
q large amount OF discretion with the Judge.
Il dOnt believe in trial marriages but do
believe in trial divorces l would grant a trial
divorces separation for a yesr-and extend the
time so long as there was any hope. When the
judge found there was no hope that the parties
could come together he could grant the final
decree"
PATENT FIRE SPRINKLERs EFFECTIVE.