Capital journal. (Salem, Or.) 1919-1980, 1919-12-15
DNOACES INCREASE
IN COUNTY BINGHAM
TELLS ATTORNEYS

sNinety per cent of the divorces in
enr csarts are not contested and Of
that number. q large percentage are
eolinsive. Statutory grounds are not
xhe real cause. Divorce laws do not
create the desire for aivoice, Dus
when the desire exists, people 40
= ha1ever the law requires In order to
obtain divorce.
Urging district attorneys Of Oregon
to work more in accord with the a.
eorce laws of the state, and producing
statistics showing that divorces are
on the increase in Marion county, CIR
cult Judge George @. Bingna spo e
ON this subject Friday before the
county prosecutors In their annual con
Sention here. Dece..ye-
Fraudulent Divorces Scored
'sWnne marriage as now generally
eonsidered as civil contract. organ
he'd society is vitality interested in the
preservation of the marriage rela-
tion." said Judge Bingham.
..The home 10 the corner stone Of
cur government and anything that
tends to destroy the home directly af-
fects the country as q body polite.
Fraudulent and unwarranted divorces
tend to corrupt the morals of the
Community.
.-The family which is the subject OF
marriage has two relations, the nup-
tial and the paternal. In divorce pro-
eeeding both may be involved. In the
or. az least, in every marriage there
are three parties, the man, the woman
and the state.
State Regulation Justified
AFTER the parties consent, the con-
sent OF the state must be procured by
way OF license. Ine state imposes
cerlaln conuilions. WnIcn must be met
before the license may issue. State
regulation is justified. because mar
rlage is the basis of the home life Of
poslerty, the foundation upon which
both domestic and state government
kests.
'Uur supreme court has said that
divorces are against public policy and
also that the fact that husband and
vafe cannot live happily together. is no
cause for divorce. 1t Is maintained
bE some, tnat marriage being but a
eixil contract in principle, every act
that would violate an ordinary con-
tract would justify the setting aside Of
. marriage. This carried to it's full
length would mean that in every in
etance, 1t would be In the power Of
the contracting partieA to avoid the
marriage.
while the open door to separation
and divorce cannot be justified under
cur institutions. yet we must recog-
nice that there are conditions which
make divorce moro desirable than
marriage. Ine state has declared what
these conditions are and 1t w.thholds
tts consent to dissolution until some
one Of these conditions has been
shown TO exist.
Hasty Marriages Dcplored
'The real evil is not the divorce, but
the social and marn-title condition,
that make divorces more desirable
than marriages.
Zone OF the causes Of divorce Ii
ha. arriage between young and
inexberlcnced people. II the law re.
nuited tho lapse OF some time between
&. ss..+ 49,. Iol a ilcense, and the
puu4.calion Of such application, and
the actual issuance OF the license ant
the performance OF the ceremony, Il
would undoubtedly be a benefit.
! also think that a considerable
length OF time should elapse between
the actual separation and the com
mencIng OF the suit. A year would no
BE- 'ch and this would allow tn,
parties time In which to reflect upoi
their condition. TO correct mistake
and possibly change their minds.
Records Show Increase
"'rhe records OF this county shoy
that from October l. 1918, to Octobe
4 1919. "a divorce cases were filed i
Marion county as compared to S3
marriages in the same time. and G
etvorce suits entered. the wife wa
taao plaintiff In 61 cases, husbands be
Ing plaintiffs In the remaining 23.
For the year 1916 there were
divorces to 366 marriages. the pei
eentage OF divorces TO marriages ar
thus shown to have increased. not
withstanding prohibition. II the grow
ing tendency to secure divorce Is a
evil as many good people believe, tn
remedy il not with the officers OF tn
law hr' with the legislature.