resident of this state, jurisdiction for the purpose of divorce, whether absolute or from bed and board, 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, under the following conditions: (a) When, at the time the cause of action arose, the plaintiff 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 the plaintiff has been for the two years next preceding the commencement of the action a bona fide resident of this state. (b) When, since the cause of action arose, the plaintiff has become, and for at least two years next preceding the commencement of the action has continued to be, a bona fide resident of this state: Provided, The cause of action alleged was recognized in the jurisdiction in which the plaintiff 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 11. Particeps criminis may be made a party. Any one charged as a particeps criminis shall be made a party, upon his or her application to the court, subject to such terms and conditions as the court may prescribe. SECTION 12. Hearings. All hearings and trials shall be had before the court, and not before a master, referee, or any other delegated representative; and shall in all cases be public. SECTION 13. Attorney, appointment of by court. In all uncontested cases, and in any other case where the court may deem it necessary or proper, a disinterested attorney may be assigned by the court actively to defend the case. Article VIII-Evidence SECTION 14. Proof required. No decree for annulment of marriage, or for divorce, shall be granted unless the cause is shown by affirmative proof aside from any admission on the part of the defendant. SECTION 15. Impounding of record and evidence. No record or evidence in any case shall be impounded, or access thereto refused. Article IX-Decrees SECTION 16. Rule for decree nisi. If after hearing of any cause, or after a jury trial resulting in a verdict for the plaintiff, the court shall be of opinion that the plaintiff is entitled to a 1 No Article VII appears in the original. ED. decree annulling the marriage, or to a decree for divorce from the bonds of matrimony, a decree nisi shall be entered. SECTION 17. Final decrees, entry of. A decree nisi shall become absolute after the expiration of one year from the entry thereof, unless appealed from or proceedings for review are pending, or the court before the expiration of said period for sufficient cause, upon its own motion, or upon the application of any party, whether interested or not, otherwise orders; and at the expiration of one year such final and absolute decree shall then be entered, upon application to the court by the plaintiff, unless prior to that time cause be shown to the contrary. SECTION 18. Decree a mensa, terms of. In all cases of divorce from bed and board for any of the causes specified in section 4 of this act, the court may decree a separation forever thereafter, or for a limited time, as shall seem just and reasonable, with a provision that in case of a reconciliation at any time thereafter, the parties may apply for a revocation or suspension of the decree; and upon such application the court shall make such order as may be just and reasonable. SECTION 19. Former name of wife. The court upon granting a divorce from the bonds of matrimony to a woman may allow her to resume her maiden name, or the name of a former deceased husband. CHAPTER III.'-GENERAL PROVISION Article XI- Children SECTION 20. Legitimacy of. (a) In an action brought by the wife, the legitimacy of any child born or begotten before the commencement of the action shall not be affected. (b) In an action brought by the husband, the legitimacy of any child born or begotten before the commission of the offense charged shall not be affected; but the legitimacy of any other child of the wife may be determined as one of the issues of the action. All children begotten before the commencement of the action shall be presumed to be legitimate. Article XII.-Foreign decrees SECTION 21. Effect of. Full faith and credit shall be given in all the courts of this state to a decree of annulment of marriage or divorce by a court of competent jurisdiction in another state, territory, or possession of the United States when the jurisdiction of such court was obtained in the manner and in substantial conformity 1 No Chapter II appears in the original. ED. 2 Article X of the original draft of the proposed Act was not adopted by the Congress. .ED. with the conditions prescribed in sections 7, 8, 9, and 10 of this act. Nothing herein contained shall be construed to limit the power of any court to give such effect to a decree of annulment or divorce by a court of a foreign country as may be justified by the rules of international comity: Provided, That if any inhabitant of this state shall go into another state, territory, or country in order to obtain a decree of divorce for a cause which occurred while the parties reside in this state, or for a cause which is not ground for divorce under the laws of this state, a decree so obtained shall be of no force or effect in this state. REFERENCES Adler, Felix, Marriage and Divorce, 1905. *HOWARD, G. E., History of Matrimonial Institutions (3 vols.), 1904. See *HOWARD, G. E., DIKE, S. W., and others, "Is the Freer Granting of Di- PEABODY, F. G., Jesus Christ and the Social Question (1900), chap. iii. RUSSELL, EARL, Divorce, 1912. (Discussion of the problem in England.) SPENCER, A. G., Woman's Share in Social Culture (1913), chap. ix. WILLCOX, W. F., The Divorce Problem, a Study in Statistics, Columbia University Studies in History, Economics, and Public Law, Vol. I, 2d edition, 1897. *Catholic Encyclopedia, Vol. V, pp. 54-69; Vol. IX, pp. 691-707. *United States Census Bureau, Bulletin No. 96, Marriage and Divorce, 1908. United States Census Bureau, Special Report on Marriage and Divorce (2 vols.), 1908-1909. *Starred references are those worthy of first attention in additional reading. 1 BOOK V THE NEGRO PROBLEM IN THE UNITED STATES CHAPTER XVI THE PROBLEM The influence of the Reconstruction era on the psychology of the South, 665. — The South and the negro, 677.- Complexity of the problem, 679. — National character of the problem, 680. — Social changes wrought by emancipation, 683. — Upward and downward tendencies, 683. — Inadequacy of white people's knowledge of negro life, 685. — The criminal negro, 689. — Opportunity in the South and in the North, 691. Political issues, 694.- Senator Vardaman's views, 704.- The negro in Haiti and San Domingo, 705. — Negro inferiority, 709 65. THE PSYCHOLOGICAL INFLUENCES OF RECON- THE RECONSTRUCTION BACKGROUND To take the ground that all the complicated phases of the modern problem of race relations are attributable to Reconstruction, or to any other one line of policy, anywhere or at any time, would be to assume a wholly untenable position. The simpler the form of relation between two different races the simpler will be the problems between the two; the more complex the relation the more complex its problems. The simplest relation that could exist between the white and negro races, in the mass, was that of the physical control of one by the other. The most complex relations that can exist between the two, or between any racial 1 By Alfred Holt Stone. lem, pp. 252-272, 275, 276, Adapted from Studies in the American Race Prob- groups, are those predicated upon a condition of actual or technical equality. And the complications to which this relation gives rise will be difficult and severe in proportion to the degree of artificiality which characterizes the equality sought to be established. The greater the natural differences in the way, the more complicated and serious will be the problems incident to the artificially created relations. The mere grant of immediate freedom to a large mass of negro slaves would inevitably have produced its own racial problems. Every step taken toward the removal of the further barriers between white and black multiplied such problems and created new ones. The only escape from a cataclysm lay in allowing sufficient time to elapse between the reremoval of one barrier after another for the races to adjust their relations to the change along normal lines. But this would not have been "Reconstruction." That was a process the logical dogma of which was the proposition that nature has erected no barrier to racial equality which legislation cannot remove. The only defense which can be attempted of the policy of giving the negro the ballot in 1867, and of confirming the grant in 1870, is that it was necessary to enable him to "protect" himself. The very thought suggests the idea of a conflict between former master and slave. Apparently it has been impossible for politicians and publicists to comprehend the existence of the relation of master and slave without a resulting state of inconceivable hostility between the individuals thus associated. We are prone to interpret the things which affect other people in terms of our own consciousness. This is the basic error of many people who discuss the problems before us. They would be miserable and unutterably wretched in a state of "bondage," ergo, the negro was miserable and wretched. The mistaken policy of Reconstruction was but the practical application of a mistaken theory of race relations under slavery. Many thoughtful men were amazed that the negroes did not massacre their masters at the first opportunity. ... That none of these things occurred has 1 I am here eliminating from consideration all the baser motives of that policy and am reviewing only that which honestly, even though mistakenly, sought the welfare of the negro. |