10.3
THE LAW OF DIVORCE.
A Splendid Address by Chief Justice Horton Before the Law School
Chief Justice A. H. Horton of the Supreme court of Kansas addressed the students of the Law School last Tuesday in University Hall upon the "Law of Divorce." The Law School is especially fortunate in being able to secure such prominent men, so learned and well qualified to ably present a chosen subject, as is Judge Horton, and his address was listened to with closest attention for over an hour.
After paying a compliment to the University and the rapid advance made by the Law School in the past few years, the snooker called attention to the fact that divorces and divorce laws now occupy a large share of public notices and receive not only the attention of the law maker but also of society and of the church. Especially is this when it is noticed that the ratio of increase in divorces exceeds that of population by 16 per cent. Much of this is due to the fact that nearly every state has laws of marriage and divorce peculiar to itself. Marriage in some states is by simple verbal agreement, while in others it is only by the strictest conformity to statutory regulation. And so with divorce there is the same lack of uniform laws. In some states one year's residence is necessary to entitle one to sue for a divorce, as in Kansas, while in South Dakota only a three months' residence is necessary, and that short time seems at times to be evaded. In New York there is only one ground for divorce, that of adultery. In Kansas there are ten grounds for divorce, namely, bigamy, abandonment for one year, adultery, impotency, cruelty, fraudulent contract, habitual drunkenness, neglect of duty and felony. In Kansas it is bigamy if a person securing a divorce marries again within six months.
In this state the common law still holds in record to marriage, and that relationship may be contracted simply by mutual consent of the parties, although they are subject to punishment at under the statutes if no licensi is secured. Even the wife may retain her maiden name if she desires and she may hold property equally with her husband and may legally contract with him. The women of Kansas are especially favored by the laws and "the burden of a common ignorance and of a common prejudice has been removed and the position of woman has been advanced to its proper place in making her the equal of man, so that womanhood, with the approbation of all, may perform its noblest rights and its divinely destiny."
The divorce laws of Utah requiring no residence of the plaintiff have been held by our courts not to grant a valid divorce since the Utah courts in such cases acquired no jurisdiction. The same question will probably arise in the South Dakota divorces now being easily obtained. There has been much agitation to secure uniform divorce laws in the United States but so far without any result. Such laws undoubtedly would be beneficial.
The speaker in closing strongly advocated the plan of having the county attorney present at each divorce trial to take the evidence and to proceed, in all cases where crime was proven, to see that guilty parties are punished.
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Commissioner Betton's Address
Last Friday afternoon the University Hist. recited us or met in regular session Prof Blackmar presiding. After the report of the last meeting was read Hon F. H Betton, state labor commission, presented the subject of "The Work of Burrows of Labor Statistics."
He said that Massachusetts led the world in the matter of labor bureauus, having found hers in 1809. Since then the work has spread rapidly, Kansas belong the fifteenth to wheel into line.
At the last annual convention of the officers of these burens the national labor commissioner stated that he was preparing an index to the one hundred and fifty volumes gotten out by the various state commissioners. The index will contain some 400 pages and will enable the students to find just where the subjects he is studying are treated of. It is regarded as a book highly valuable. The Kansas Bureau was formed "to collect, assort, systematize and present in annual reports to the governor to be by him biennially transmitted to the legislature, statistical details relating to all departments of labor and industrial pursuits in the state, especially in their relation to the commercial, industrial, social, educational and sanitary condition of the laboring classes." The law also empowers the officers of the bureau to compel employees to give the desired information under cath. In some states the commission supervises the inspection of mines and factories. Mr. Betton has found the condition of Kansas factories very fair.
He spoke of some of the principal subjects included in the statistical investigations and prominently among them wages, cost of living, arbitration strike, home life of employees, etc. In 1883 the Massachusetts bureau sent a commission to England which found, after full investigation, that on the whole the Massachusetts laborer had much the advantage, earned better wages, lived better and saved more.
A friend of the speaker visited England and toound farm hands working for $5.75 and board per month. A collar factory paid from $1.29 to $6.90 per week, while nearly all provisions were high, clothing was cheap. The tendency of the Bureaux seems to be toward more thorough investigation in purely statistical lines and their reports are coming more into general use. They are regarded as a great help to us as a nation and several European countries, notably France are copying after us. England and Belgium have bureaus which are, however, inferior to the American.
The paper closed with some information concerning the special features of the Kansas re ort for 91 among which railroad employees, child labor and union compared with nonunion men are prominent features.
Judge Thacher, who is soon to address the admiration on "Labor in Europe," was present and made a few remarks on the subject of foreign labor, Mr. Bettton on being asked about wages in Kansas said he thought there had not been any material fall in the past few years. It was also stated that in Massachusetts the ten hour law had proved successful, better and more work being done in ten hours than formerly in eleven and a half.
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