The New York herald. [volume] (New York, N.Y.) 1920-1924, 1921-03-21
N .DIVORCE LAW
REVISION SOUGHT
BY NEW MEASURE
Bill Before Senate Calls for
Exhaustive Study by a
Committee.
BAR Is BEHIND MOVE
Only State but One That
Has Not Liberalized It's
Views, Says Report.
MANY STATES CONFLICT
District Attorney Protests
Against Repeal of Section
Furnishing Guilty.
MANY STATES CONFLICT

Although divorce has only recently
become the subject of widespread in
terest in this city. efforts have been
under way for several years to bring
about the legislative investigation OF
the whole subject of marriage and
divorce, and later its reform. The first
definite step in this direction was
taken last Wednesday when Senator
Charles G. Lockwood introduced in the
Senate at Albany a bill demanding
an exhaustive study Of marriage and
divorce law in this State.
The bill was introduced by Senator
Lockwood as the result of recommen-
dations made by the committee on law
reform of the State Bar Association
in a report signed by it's chairman,
Charles A. Boston. This committee
acted because of the need for straight
ening out the tangle growing out OF
conflicts of laws and variations of
standards among the States, resulting
in the possibility of later marriages
being declared null, offspring illegiti-
mate, &C.
In a letter sent to Albany yester-
day District Attorney Harry e. Lewis
of Kings entered an emphatic protest
against an amendment which, he said
proposed to prevent criminal prosecu-
ton of guilty parties in divorce pro-
ceedings. This letter referred TO recent
divorce cases of prominence.
Lives of Public People in Public.
II am unalterably opposed TO the pro-
posed amendment" Mr.. Lewis said in
his lette> while IL Is true that thers
have been few convictions under this
section. due to the feeling that the per-
sonal conduct of individuals, so long as
II does not offend the public, should
not be the subject of State regulation. II
seems that at this time, especially when
the public press Is filled with sickening
accounts of domestic infidelity of per-
sons claiming high positions in society,
these sections OF the penal law have
real value. One or two convictions. with
penitentiary sentences, would have
salutary effect upon these people. II
really Is of no consequence to the public
what they do in their private lives, but
because OF their prominence their pri-
vate affairs have a news value, and on
that account the public is burdened AM
very seriously damaged by the promi-
hence given by the press to their Of
fences"
The investigating committee provided
for in Mr.. Lockwood's bill consists of
two Senators, two Assemblymen AMI
five attorneys appointed by the Gov
ernor. Concerning the duties of such q
body Mr. Boston's report says that rec
concentrations should be made mot for
futile or purely sentimental laws Of
repression. but for salutary laws de-
signed to aid In the adequate solution
OF the serious problem which Is a result
of modern changed conditions Of living
The Boston committee indicates that
| the divorce law in this State, providing
4 as 1t does, divorce only on the ground
Of infideity. is too narrow. IL discusses
the divorce figures from Federal sources
which show an increase In divorces in
n this State proportionate to that else
where in the nation. despite the fact
that adultery is the only cause here
\ and more numerous causes are part of
\ the law in other States. 1t points out
\ also that the number Of divorces for In
fidelity in New York Is greatly dispro-
portionate TO the number elsewhere.
The report says:
I'm New York, where the one cause
is adultery. 100 per cent Of divorces is
for adultery in the entire United States
I only lilo per Cent. IL TOT duulltFy III
New York the proportion Of divorces
during the decade 1s06-1s16 was 27.5
in 10000 OF population; in the whole
country, 1913 per 100000. This and
other comparisons of figures in the re-
port suggest the reflection that while
the marriage tie is not set aside lightly
in New York and the sentiment Of her
people as manifested In her legislation
is rigid and infiexible. making for the
highest legal standard of marital fidel-
ity, the narrowness Of the law provokes
the offence as an excuse for divorce
which might be obtained elsewhere upon
more liberal grounds"
J Conflict of states Cited.
Mr.. Boston points out In the report
that the conflicts OF various state laws