Evening star. [volume] (Washington, D.C.) 1854-1972, 1942-12-25

puted by the majority decision, this
decree ''repeals the divorce laws of
all the States and substitutes the
law of Nevada as to all marriages,
one of the parties to which can
afford short trip there"
Although he concurred in the
decision, Associate Justice Frank
furter wrote a separate opinion,
seemingly designed to point out
that Standardization of United
States divorce and marriage laws
on the lines of the existing Cana
dian and Australian systems, is de-
sirable. But, he said, attempt of
the Supreme Court by Juggling of
legal concepts to bring forth uni
form national law of marriage and
divorce are apt to be as futile
In their achievement as they are
presumptuous in their undertaking.
There may be some," Justice
Frankfurter said, who think our
modern social life is such that there
Is today a need, as there was not
when the Constitution was framed,
for vesting national authority over
marriage and divorce in Congress,
just as the national legislatures of
Canada and Australia have been
vested with such power"
Senator Arthur Capper CRepub-
lican Of Kansas. for more than
20 years has been regularly pro-
posing q Constitutional amendment
on these lines. In recent years
Senator Capper also has fathered
a proposed national marriage and
divorce law.
High Rate Of Increase.
American divorces have been in
creasing generally at great rate,
but with wide divergence among
the States according to the stiffness
Of their laws. The Encyclopedia
Britannica records that $4,000
United States divorces in 1906 was
double the number reported for
that year in all the rest of the
Christian world. Since 1906 the
United States score steadily has
been rising. AS against IS divorces
to each 100000 population for that
year there were, per 100000, 113 in
1915, 1874 in 1926, $50 in 1910.
The Census Bureau, for 1882, the
last year for which this statistic is
available, recorded an average for
the whole country of 1853 divorces to
ever 1000 marriages.
Nevada in that year had 563 d.
vorces per 1000 marriages, but sur
prisingly enough it did not hold the
record. Wyoming topped the list
with ITO divorces per 1000 mar
riages. South Carolina, because 1t
has no divorce laws, had no divorces
at all. New Jersey was next from
the bottom with Al divorces per L.
900 marriages. New York had 10
divorces per 1000 marriages; New
Hampshire, 2l9; Michigan. 274; IN
diana, 377; Texas, 354; Louisiana
10; Kansas, 1873: Idaho, 528.
Only 10 of the 48 States allow the
marriage relationship to be broken
on the grounds of inSanity-incur-
able or not.
Marriage Laws Vary.
Marriage laws vary just as wide
ly. Nineteen States fix IS years for
men and Is years for women as
absolute marriage age minima, with
or without parental consent. But in
New Hampshire girls OF Is may
marry with parental consent. In
eight States alabama, Arkansas,
Georgia, Iowa, New York, North
Carolina, Texas and Utah) girls Of
IA may marry with parental con-
sent.
Senator Capper's proposed model
marriage law would require wait
ing period of two weeks. Other
Capper proposals are marriage age
minimum Of 18 for men and 16
for women, with or without parental
consent; prohibition of marriage Ii
censes to insane persons or those
with venereal or certain other infec-
tious diseases.
The Capper bill would grant di-
vorce uniformly on grounds OF
adultery, cruel and inhuman treat
ment, abandonment or failure to
provide, conviction of an Infamous
crime or insanity.
(Released by the North American News
paper Aliance1