The Detroit times., 1913-12-31
TELLS JUDGES
OF FAILURE OF
DIVORCE LAWS
Chairman of State Commission
Advocates Radical Change in
Judicial Action
SAYS REAL GROUNDS ARE
SUPPRESSED MANY TINES
Cruelty Charge is Often Blind to
Hide Real Reasons For
Separation

LANSING, Mich, Dec. 30.-Fayor-
Ing radical changes in the law relat-
ing 10 marriage and declaring that
many divorces are granted by the
courts that should not be granted, At
torney Mark w. Stevens. chairman
! of the state commission. appointed BY
' Gov. Ferris to consolidate and revise
the general statutes relative to civil
practice and procedure, domestic re-
lations and general taxation, today
proposed several reforms In an adj
dress before the opening session OF
the twenty-frst annual convention OF
the Michigan Judges association.
The commission OF which Attorney
Stevens is member Is authorized
TO prepare and report TO the governor
separte bills for the consolidation and
, revision OF the statutes.
Circuit Judge Willis g. Perkins. OF
Grand Rapids, who is president Of the
association formally opened the con
vention this afternoon with an ad-
dress on the subject of The influence
or social and economic forces upon
the law" Other speakers upon to-
days program were C. p. Black. OF
Lansing, secretary OF the commission
for the compilation OF statutes, and
Circuit Judge Frederick W. Mayne,
OF Charlevoix.
Attorney Stevens declared that
there is a general demand for re-
vision and change in practice and
procedure that litigation may be
more expeditions and less expensive
1T is the right OF each litigant to
have his Controversies adjudicated
with all speed and with the least eX-
pense compatible with the attainment
-StaHanS-daclared We
must remember that the purpose OF
the courts is the administration and
attainment of justice, and we cannot
admit OF any procedure which has not
some relation TO the careful weighing
OF law and testimony, so that Justice
may be evolved
That there should be some radi
y cal changes in the Jaw relating 70
marriage Is evident. Some changes
have been considered by the legisla
ture, but not such that sufficiently
protect society. Ii is evident that no
man or woman should marry unless
they both are mentally and physical
ly sound
have received many -stt-ges~
lions upon the subject OF marriage
Some have suggested and insisted
that both the man and the woman
/, should undergo physical examina-
: ton by competent physician whose
certificate should be filed with the
county clerk. and II ii discloses the
TACT that either party il afflicted with
an infectious. incurable or loathsome
disease, no marriage certificate should
be issued.
There are those who object TO
this plan on the grounds, among
others, that il will be embarrassing
and humiliating TO a sensitive and
refined woman TO comply with such q
provision. II such a provision is
found to be not practical, then the
following is suggested that both par
|. ties shall appear before the county
clerk and make an affidavit as 70
their physical condition; then the
clerk should be required 10 publish in
the public press FOR period--say
three months-that the persons. nam
ing them, have applied for marriage
license; thus giving any person an
opportunity to disclose any informa-
ton they may have as 10 the pro-
priety OF such proposed marriage.
1T is suggested that the law should
prohibit intermarriages between the
white and black races; as a matter Of
public policy and common decency
such marriages should be prohibited.
ABoth the white and the black races
should oppose such marriages.
1T Is suggested that hereafter com
mon law marriages ought not to be
recognized. II they were not recog-
nized, many complications that now
exist would be avoided as TO the
status OF children and the inheritance
of property
"The proposed divorce law present
ed by the commission appointed to
recommend a uniform divorce law,
prohibits common law marriages.
"The subject of divorce is one in
which the state is materially inter
ested. II is well-known fact that
many divorces are granted by the
courts that ought not to be granted
Under our laws divorce may be grant
ed where either party is guilty of
wanton and extreme cruelty. To
enumerate specific acts which consti-
tute cruelty Is impossible. Courts
must determine whether such alleged
acts OF cruelty. when proved. are such
as 10 render the marriage life unbear-
able. The question OF wanton and