Evening star. [volume] (Washington, D.C.) 1854-1972, 1910-07-31

He was succeeded by Sir Samuel Evans.
who can be trusted TO say nothing indlS-
Greet.
Z
The cost of divorce is the mos. crying
evil. The simplest kind of an undefenoed
suit costs about $50, and uncommon,y
few divorces cost less than 500. If a
man has $3.50 to spare in having himself
declared d pauper, he can sue In in
forma pauperis'' without further expense.
One reason for these heavy charges is
that every divorce case must be tired in
the divorce court in London, and litigants
in the north Of England. for instance,
must bring their witnesses hundreds of
miles and keep them in London while the
case is on. The suggested remedy is that
power should be given to the judges Of
the county courts to try divorce cases.
1t is curious coincidence that, while
the present law. which is great i'm
provement on its predecessor. owes its
existence to. the sarcasm Of great
judge, the appointment of the present
royal commission has q similar origin.
Lord GOrell, then Sir Gorell Barnes. was
president Of the divorce court before Sir
f~hn Bigham. He was giving judgment
in case where the wife sued for divorce
from a husband who had been unfaith
full. He had. however, not been cruel to
her. nor had he deserted her.
THE petition in this case must be dis
missed" said the judge, for the vile
has only proved misconduct, and that IS
not sufficient to enable her to obtain
decree of divorce: and it will not be any
satisfaction to her to know that if her
case had arisen and her suit could have
been brought in Scotland or most other
civilized countries she would have Sue
ceeded.'' The appointment of the royal
commission followed few months later.
The present divorce law dates from
1857. Before that the only method by
which a man or woman could obtain
divorce in England was by suing in the
ecclesiastical courts for a separation "a
mensa eta thoro. He then had to appeal
to the house OF lords for the passage OF a
special act of divorce This state of af-
fairs still prevails in Ireland but as the
Irish are nearly all Roman Catholics and
don't believe in divorce under any cir
cumstaaces it doesn't matter much.
The final impetus for the abolition of
this state Of affairs in England was given
by Mr.. Justice Mauie, who was trying
laborer who had been deserted by
dissolute wife and had gone through
form Of marriage with another partner.
Years afterward wife No. /, having been
deserted by her paramour, turned up and
had her husband arrested for bigamy
VI cOOiSe, lac WdS convicted, ana IN sem
fencing him Mr.. Justice Maule said:
Prisoner at the bar. you have been
convicted CT the offense Of bigamy, that
is to say Of marrying a woman while you
had wife still living, though it Is true
she deserted yoI and is living with ar
other man. You have. therefore, com
United crime against the laws of your
country and YOU have also acted under
a very serious Misrepresentation of the
course which you ought to have pursued.
NOn ShOllQ have tn the
teal court and there obtained against
your wife a decree a mensa ct thoro.
You should have brought an action and
recovered, as no doubt YOU would have
recovered. damages against your wfe's
paramour. Armed with these DEGREES you
should have approached the legis ature
and obtained an act of parliament, which
would have rendered you free and legally
competent to marry the person who m you
have taken on yourself 10 marry with no
such sanction. 1t is quite true that these
proceedings would have cost you many
hundreds Of pounds. whereas you prob