unhappy marriages. But the only real remedy we believe will be found not so much in Acts of Parliament as in such influences as can be exerted to rouse the conscience and stimulate the moral sense of the nation.

64. UNIFORM DIVORCE LAW PROPOSED BY THE NATIONAL CONGRESS ON UNIFORM DIVORCE LAWS1

For more than a quarter of a century the advisability of securing uniform divorce laws throughout the country has attracted a great deal of attention. According to the opinion of all writers, and of national legislators, the Federal Congress cannot deal with this matter without an amendment to the Constitution, and efforts have therefore been concentrated upon securing uniform divorce laws under state legislation.

The American Bar Association, commissioners appointed by governors of states, and the National Congress on Uniform. Divorce Laws have all dealt with this subject very fully and have devoted much time and ingenuity in drafting proposed laws. The latest, and perhaps most complete suggested legislation, is that recommended by the National Congress on Uniform Divorce Laws, which follows.

At the meeting of the National Congress on Uniform Divorce Laws, held at Philadelphia, Pa., November 13 and 14, 1906, in compliance with instructions given to the committee on resolutions at the preceding session, held in Washington, D. C., February 22, 1906, the committee on resolutions presented a form of statute embodying the principles formulated by the congress on the subject of annulment of marriage and divorce, which, after some slight amendment, was adopted by the congress. In submitting this form of statute the committee on resolutions made the following statement, among other things, in explanation of the same:

It will be observed that the act relating to annulment of marriage and divorce, while complete in its enumeration of causes for annulment, for divorce

1 From proceedings of the Adjourned Meeting of the National Congress on Uniform Divorce Laws, Harrisburg, 1907, pp. 17-22. Also in the United States Census Bureau's Special Report on Marriage and Divorce, Part I, pp. 271-274.

from the bonds of matrimony, and for divorce from bed and board, and in its general provisions relating to the legitimacy of children and the effect of foreign decrees, deals only with such matters relating to practice and procedure as are necessary to embody the resolutions of the congress. In the first draft of the proposed statute submitted by the subcommittee to the general committee at a meeting held in St. Paul, Minn., on September 1, 1906, complete and elaborate provisions were inserted to cover all questions relating to these important subjects, but after careful consideration the committee decided that it would not be practicable to secure the passage of an uniform statute if these provisions were retained, by reason of the probable disinclination of many of the states to change the existing laws governing procedure. It was deemed unimportant that there should be uniformity on this subject if the general principles adopted by the congress were made effective in the different jurisdictions.

The congress, while expressing a desire that the causes for divorce enumerated in its resolutions should be decreased rather than increased, recognizes the varying opinions of the different communities represented in the state legislature as existing facts and leaves to each state to decide what these causes shall be; the causes enumerated in the resolutions and the statute are now the law in 40 states of the Union. While it is too much to hope in the present state of public opinion that causes will be materially decreased in many of the states, it is believed that the principle that no state should extend its jurisdiction beyond cases where one of its own residents is a party will be universally recognized. If this principle is carried out with the restrictions relating to service provided by the statute, a prolific cause of scandal and injustice will be removed. Probably the most difficult problem that the committee has attempted to solve is the effect to be given to foreign decrees. It found the recognition of the principle of comity too firmly imbedded in the jurisprudence of nearly all of the states to be ignored, and it was necessary to recognize the American principle of separate domicile of the wife for purposes of divorce as too firmly established to be disturbed. Under these circumstances it decided to draft the general provision covered by sections 7 to 10 of the act conferring jurisdiction, and then to require that full faith and credit be given to all foreign decrees where jurisdiction was obtained substantially in conformity with them. The adoption of this act will tend to abate the scandal of migratory divorces, it will fix the status of all divorced persons on the same plane in all of the states, and will introduce such changes in the administration of the divorce laws as will reduce to a minimum the opportunities for fraud and collusion.

Objection has been made to those provisions of the act requiring public hearings, on the ground of injury to public morals, but the committee are of opinion that the decision of the congress is based upon sound policy, and the advantages of a public and open hearing in the presence of the court outweigh any of the dangers that have been suggested.

It will be found that no extreme change will be made in any of the existing laws by the adoption of this statute, excepting by the extension to some of them of the principle of divorce from bed and board, the argument for which has been fully set forth in the debates and accepted by the congress.

Proposed uniform divorce law. -The form of bill as recommended by the congress on uniform divorce laws is as follows:

AN ACT REGULATING ANNULMENT OF MARRIAGE AND DIVORCE

CHAPTER I. - JURISDICTIONAL PROVISIONS

Article I.-Annulment of Marriage

SECTION 1. Causes for annulment.

A marriage may be annulled for any of the following causes existing at the time of the marriage :

(a) Incurable physical impotency, or incapacity for copulation, at the suit of either party: Provided, That the party making the application was ignorant of such impotency or incapacity at the time of the marriage.

(b) Consanguinity or affinity according to the table of degrees established by law, at the suit of either party; but when any such marriage shall not have been annulled during the lifetime of the parties the validity thereof shall not be inquired into after the death of either party.

(c) When such marriage was contracted while either of the parties thereto had a husband or wife living, at the suit of either party.

(d) Fraud, force, or coercion, at the suit of the innocent and injured party, unless the marriage has been confirmed by the acts of the injured party.

(e) Insanity of either party, at the suit of the other, or at the suit of the committee of the lunatic, or of the lunatic on regaining reason, unless such lunatic, after regaining reason, has confirmed the marriage: Provided, That where the party compos mentis is the applicant, such party shall have been ignorant of the other's insanity at the time of the marriage, and shall not have confirmed it subsequent to the lunatic's regaining reason.

(ƒ) At the suit of the wife when she was under the age of 16 years at the time of the marriage, unless such marriage be confirmed by her after arriving at such age.

(g) At the suit of the husband when he was under the age of 18 at the time of the marriage, unless such marriage be confirmed by him after arriving at such age.

(a) Divorce from the bonds of matrimony, or divorce a vinculo matrimonii. (b) Divorce from bed and board, or divorce a mensa et thoro.

Article III. Divorce a vinculo

SECTION 3. Causes for.

The causes for divorce from the bonds of matrimony shall be: (a) Adultery.

(b) Bigamy, at the suit of the innocent and injured party to the first marriage.

(c) Conviction and sentence for crime by a competent court having jurisdiction, followed by a continuous imprisonment for at least two years, or in the case of indeterminate sentence, for at least one year: Provided, That such conviction has been the result of trial in some one of the states of the United States, or in a Federal court, or in some one of the territories, possessions, or courts subject to the jurisdiction of the United States, or in some foreign country granting a trial by jury, followed by an equally long term of imprisonment.

(d) Extreme cruelty, on the part of either husband or wife, such as to endanger the life or health of the other party or to render cohabitation unsafe. (e) Willful desertion for two years.

Habitual drunkenness for two years.

Article IV.

Divorce a mensa

SECTION 4. Causes for.

The causes for divorce from bed and board shall be:

(a) Adultery.

(b) Bigamy, at the suit of the innocent and injured party to the first marriage.

(c) Conviction and sentence for crime by a competent court having jurisdiction, followed by a continuous imprisonment for at least two years, or in the case of indeterminate sentence, for at least one year: Provided, That such conviction has been the result of trial in some one of the states of the United States, or in a Federal court, or in some one of the territories, possessions, or courts subject to the jurisdiction of the United States, or in some foreign country granting a trial by jury, followed by an equally long term of imprisonment.

(d) Extreme cruelty, on the part of either husband or wife, such as to endanger the life or health of the other party or to render cohabitation unsafe: or such indignities, threats, or acts of abuse, as to render the condition of the other party intolerable and life burdensome, and to force such party to separate from the other and to live apart.

(e) Willful desertion for two years.

(ƒ) Habitual drunkenness for two years. (g) Hopeless insanity of the husband.

Article V.-Bars to relief

SECTION 5. When decree shall be denied.

No decree for divorce shall be granted if it appears to the satisfaction of the court that the suit has been brought by collusion, or that the plaintiff has procured or connived at the offense charged, or has condoned it, or has been guilty of adultery not condoned.

Article VI.-Jurisdiction

SECTION 6. In what courts.

The * *

* court of this state shall have and entertain jurisdiction of all actions for annulment of marriage, or for divorce.

SECTION 7. By personal service in actions for annulment.

For purposes of annulment of marriage, jurisdiction may be acquired by personal service upon the defendant within this state when either party is a bona fide resident of this state at the time of the commencement of the action. SECTION 8. By personal service in actions for divorce.

For purposes of divorce, either absolute or from bed and board, jurisdiction may be acquired by personal service upon the defendant within this state, under the following conditions:

(a) When, at the time the cause of action arose, either party was a bona fide resident of this state, and has continued so to be down to the time of the commencement of the action; except that no action for absolute divorce shall be commenced for any cause other than adultery or bigamy, unless one of the parties has been for the two years next preceding the commencement of the action a bona fide resident of the state.

(b) When, since the cause of action arose, either party has become, and for at least two years next preceding the commencement of the action has contin ued to be, a bona fide resident of this state: Provided, The cause of action alleged was recognized in the jurisdiction in which such party resided at the time the cause of action arose, as a ground for the same relief asked for in the action in this state.

SECTION 9. By publication in actions for annulment.

When the defendant cannot be served personally within this state and when at the time of the commencement of the action the plaintiff is a bona fide resident of this state, jurisdiction for the purpose of annulment of marriage may be acquired by publication, to be followed, where practicable, by service upon or notice to the defendant without this state, or by additional substituted service upon the defendant within this state, as prescribed by law.

SECTION 10. By publication in actions for divorce.

When the defendant cannot be served personally within this state and when at the time of the commencement of the action the plaintiff is a bona fidé