The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1908-12-14
Is the Law BIameable?

administered Is sometimes a source o
| much annoyance and trouble although
SUCH is not the case IN this instance TIL,
| law IS designed and that wisely. TO afford
relief from the marriage contract II
cases where the abuses have become in
tolerable. and the marriage contract be
came a failure. and the state then - {
party IN interest, comes in to dissolve ol
permit the dissolution OF the contract
when II can no longer be productive oil
good results or happiness, by reason OF
the fact that one or the other Of the par.
ties to the contract has violated his or her
duties or obligations or some OF Them sc
that diSunton and loss of confidence have
undermined the structure and il cannon
longer stand or be safe to remain in status
quo To that extent the policy of the law
Is good and commendable, and ought 10
receive the sanction of the people.
Marriage should be made easy and di-
vorce hard. Divorce should be discoun-
tenanced and not permitted for light OF
frivolous causes. There is, however. no
good or sufficient reason for compelling
peopleto live together or maintain the re-
lation of husband and wife when they
have become permanently alienated. or
past the point of honest and consistent
reconciliation. either from incOmpatibility
or temperament or from any serious vio-
lation of the moral code. or any of the
most usual grounds for divorce as stated
In our statute books.
That divorces have increased TO an
alarming extent is undoubtedly true. and
to such an extent they threaten and prob
ably In many instances destroy the integ-
rfty OF the home The evil is well recog-
pized. The question is first to the cause
and second. what shall be the remedy?
The Cause.
As an opinion. the writer ventures the
suggestion that divorce is not itself the
evil but is the effect OF a prior cause.
and that the cause lies in the lax morals
OF the people. the moral conscience and
virtue OF our communities are entirely
KfaF
dies. unless We know the cause. but when
the cause is determined the remedy may
be applied, provided the moral sense Of
communities can be touched by an appre-
citation of the evil The morals of a COM
munity as a whole are made up by those
OF individuals. hence the work of refOrma-
uon must commence with the individuals
in the community.
A prime cause of this trouble arises ac-
cording to the writer's view, from the fact
that the marriage bond is esteemed too
hghtly- It is not regarded nor held as
sacred ordinance of the church; instead of
being so held, ii has sunk in the minds
or the majority to the common level of
civil contract under the law.
What God hath Joined together let no
man put aSunder'' is an axiom not recon
nized as having any particular vital force
at the present time, for the reason as be-
fore stated. that marriage Is treated al
most universally as mere civil oblige-
uon to be revoked. or annuled. at the
pleasure of the parties. The statistics
heretofore published show the increasing
tendency of this moral malady. Courts
are powerless TO effect a reformation, or
stem the tide. they can only administer
the law as framed upon the statute books.
fhey are bound to grant a decree Of sep
arauon where legal causes exist. Again,
II may be fairly stated that the divorce is
IN itself not the evil. because in most
cases, especially where the contending
parties have became alienated in their
directions. they would do worse il y ii
probability III they were not granted the
divorce they seek for. It has been urged
on some that there should be a law pro
nlbiting divorced persons from remarryiag
mat would be measure that would de-
stroy IN many unfortunate people an ef-
tort 10 retrieve their situation. create
new ties or build Tor the future. AS be