The Washington herald. [volume] (Washington, D.C.) 1906-1939, 1907-01-24
DISSENTS ON DIVORCE
George c. Henning Says Mar
riage Only Civil Contract,
WOULD ELIMINATE CHURCH
Contends Law should Allow Greater
Latitude in Cause for Complete
Separation and In Testimony 10
Prove the Cases-Brief on Subject
Submitted TO Commissioners.

! That the State should not recognize the
marriage ceremony as performed by the
church is the opinion contained in a
dissertation on the bin to amend the
divorce law. submitted by George c. Hen
ming. secretary Of the Washington Safe
I Deposit Company, to the Commissioners
/ yesterday
/ Mr.. Henning presents his views on the
subject OF marriage and divorce as fol-
/ lows
/ The law regards marriage as a civil
contract in the abstract, and yet calls
upon the church to sanction it. The state
should have nothing to do with the
church by recognizing any Of its func-
/ tons The state is 4 civil institution and
I the church a religious one. In nearly
every civilized country, except where the
English tongue prevails. civil marriage is
/ the only one recognized by the state This
/ is all the more important because of the
necessity that might arise TO prove it,.
/ Ecclesiastics are VIGOROUSLY slack in bust
ness matters, and often neglect to make
/ returns Of marriage,
Where Law Works Hardship.
D
Z tai or drunken husband, she may be tied
to a man who is serving a life sentence,
or 10 one who has deserted her. and under
/ tho law the knot cannot be united. She
must remain a wife or a celibate until
the man dies. The Roman Catholic
Church regards marriage as q sacrament
which no power short of the Pope can
dissolve. With that We have no contro-
versy as long as its adherents are salts
fed to obey its precepts, but the law does
not and should not confirm it. The Pro-
testant clergy have no such excuse. as
marriage by them is not considered a
sacrament. and they would be wise To
render unto Caesar that which belongs TO
him So. / say. the cause Of divorce from
the bonds Of matrimony should be in
creased.
BY restricting the causes. or by denial,
YOU incite to violence ana even murder
as the only way of severance.
Under the common law a witness is
sworn to tell the truth. the whole truth,
and nothing but the truth. and vet coun-
sci and the court stops him short Of tell
ing the whole truth: a travesty. What IS
excluded is often more important and
germane than what is admitted. The
rules OF evidence are a great protection
% the individual in criminal prosecutions,
but in the application 10 divorce equity
Is not subserved. Under our rules of eyi-
dence equity is not subserved. \ CO.
respondent must be named. In many
eases the act could be proven, but the
party could not be named or identified.
Case of Collision to- Secure Divorce.
Il know of one case III the District Of
Columbia where the wife made the hus-
bands life SO uncomfortable that he made
cause for her, and so put himself in
the wrong. / have reason to believe the
papers for divorce We're in preparation
before the cause arose. The woman mar
ried within month after securing her
divorce If this case had been held in
open court. / think the judge would have
discerned the COLLISION.
They do this thing better in France.
There ak and every party can testify
not only as to the leading fact. but any
thing leading up to H. The wise Judge
can sift il. give all the testimony the
weight due il, and arrive at just con
Cusiou."
Mr. Henning IS "a prominent business
man of Washington. For a number Of
years he conducted a large clothing store
and later was connected as partner
with the firm of Saks K Co. He became
the president of the Traders National
Bank upon the organization of that insJi-
tudon. in 1891. Tesignius on January Of
the present year 10 accept the position Of
secretary Of tine Washington Safe Deposit
C0mpany