A History of Matrimonial Institutions, Vol. 3 of 3Howard, George Elliott
History
A History of Matrimonial Institutions, Vol. 3 of 3
Howard, George Elliott
Families; Marriage -- History
of persons migrating for the purpose of divorce to a point even less
than that stated."[739] In fact, for the reason assigned by Mr.
Wright, it seems highly probable that the number of such persons
must be placed at considerably less than 10 per cent. of the whole
number of persons divorced in the United States.[740] Accordingly,
it has been inferred that uniformity of law throughout the country
would do little to lower the divorce rate. "The establishment of
uniform laws," concludes Mr. Dike, "is not the central point of
the problem."[741] Furthermore, there is another important fact
bearing on the evil of clandestine divorce. In a number of cases
arising in various states the courts have declared null and void
decrees secured in jurisdictions where the plaintiffs were not _bona
fide_ residents, even when they had dwelt in such jurisdictions
for the statutory term prescribed as a condition for obtaining a
divorce.[742]
[735] "When the question is asked, 'What is the best divorce
law?' the only answer can be, 'There is no good divorce law.'
There are some faults in human nature which always have existed
and apparently always will exist; and there is no satisfactory
method of dealing with them."--BRYCE, _Studies in Hist. and
Jurisprudence_, 853. This assertion would apply equally well to
the whole body of laws dealing with questions arising in human
conduct or social relations. It is misleading, and instead of
helping to a solution tends to befog the issue.
[736] See the _Reports_ of the league and the numerous papers of
MR. DIKE mentioned in the fourth division of the "Bibliographical
Index."
[737] The evils which may result from conflicts of this kind
in the divorce laws are discussed in a lively way by RICHBERG,
_Incongruity of the Divorce Laws_, 69, 70. But the California act
of 1903, if constitutional, may check the abuse: see pp. 150,
151, above.
[738] See REALF, "The Sioux Falls Divorce Colony and Some Noted
Colonists," _Arena_, IV, Nov., 1891, 696-703, and compare the
remarks of DIKE, in _Rep. of Nat. Div. Ref. League_ (1891), 12,
who has taken pains to correct the exaggerated accounts of the
newspapers; those of HARE, _Marriage and Divorce_, 16 ff.; and
see the articles of A. R. KIMBALL and R. OGDEN mentioned in Part
IV of the Bibliographical Index.
[739] Extract from an address delivered by HON. CARROLL D. WRIGHT
before the fourteenth National Conference of the Unitarian
Society, Saratoga, N. Y., 1891: in _Arena_, V, 143; printed
entire in the _Christian Register_, Oct. 8, 1891; based on the
statistics collected in his _Report_, 193-206. Commenting on the
passage quoted the editor of the _Arena_ says (142):
Public-domain text, read in full here on John Shaqi.
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