1920-05-06 — Page 8

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themselves. It maine that now con-[ed the case of the children, That figures were 11, 8, and 9. He did nections were formed; it meant that, was untrue. If they contrasted, the not contend that there were no in the overwhelming majority of cases state of the children as it existed to war babies," and he did: not! the man or woman so deserted emered day and the spate of, the children as contend that in the later years into adulterous relationsS. Wes not it would be under the proposals of of the war "there were not more the Legiskture responsible for all this bill, no reasonable man could, than in the earlier; but the figures these ädukerous unions and for the doube where the balance of advantage showed that the first allegations had' consequences of these adulterous would lie. Under the proposed sys- failed to be substantiated.

With regard to desertion he had unions? People objected to bringing tem the children would be removed into the world illegitimate children from contact with a spouse who from pat himself into touch with the As and there were thousands of English-moral or physical taint was unfit to sociated Societies for the Protection men and Englishwomen at the prime sustain the obligations of marriage them to give him figures of the num of Women and Children, and asked of their lives, who ought to be con Their plastic and impressionable minds ber of deserted wives they had to tributing to the child strength of the would be removed from contact with deal with in the last six years. He Empire. who were condemned-squaler, immorality, drunkenness, and found that in 1913 891 cases of sterile marriages because they would crime, and the children would be

women had been dealt with by these not bring into the world legitimate afforded a chance at least of happy societies, of whom 144 were deserted. children. These thousands of people homes and of becoming useful cita the year 1914, 973 cases were were living their lives in circumstances zens. Who would dare to maintain dealt with, of whom 147 were deser in which they saw no.gleam of hope that it could be good for a child to live ted; in 1918 there were 726 cases, of They asked for mercy and justice. in a house in which its mother spent whom 117 were deserted, and in 1919 It was said by the Archbishop of a life of open adultery? That was the number of cases was 1,113, of York that mischief would tołow the going on in thousands of cases to-day.whom. 197 were deserted. passing of the bill, but it was a ques- When they talked of the fate of the He had gone to an institution in the tion of degree. Was the mischief haléhildren they ought not to forget what East-end of London which looked might fellow worse than the mischiel | was their late to-day,

after mothers and babies. The lady that existed to-day? They were deal: He had said what he could to in-in charge said there were practically ing nor with a new heaven, but with Bluence their lordships in coming to no deserted wives, though there were an imperfect world. Take the case of

a decision on what he regarded as a many deserted girls. In Portsmouth, cruelty take a case in which, a womar momentous issue in the social develop. where it might be thought difficulties admittedly could not go on living with ment of the country. Their lordships might arise, the lady who took charge her husband without incurring tisk had undertaken the burden of examin- life and limb, a case in which thing this question at a time when the savage violence of her husband made | initiative could not be taken owing to every moment dangerous to her health other commimenes in the House of and life. Take also the case in which Commens. It might be that if the In the House of Lords the Matr Those who advocated the view that the husband knowingly or negligen: bill were sent to the House of Com monial Causes Bill. introduced by marriage was indissoluble did not lively, had communicated a venereal dis mons it would meet with such a Lord Buckmaster, was further con- this world, and their arguments ease to his wife. No one would clam volume of support that they would at sidered on the second reading, stage.

were the whisperings of the abandon that s woman should go on cohabiting last be able to remove this great bior ed superstition of the Middle Ages.when continced cobebitation would from our civilisation. He earnestly seemed to be most fallacious. In one The figures as to separation orders The bill is based on the recommenda- riers comtained in the majority reportNinety per cent of the House of endanger her life, and similarly ng implored their lordships to be the court in South West London in- of the Royal Commission on Divorce. Lords 30 per cent of the House of woman ought be expected to go or pioneers in this great reform. Should vestigation was made in every case, At a previous sitting the motion for the Commons, and at least as large a pro-living with her husband after he had it prove to be so they would receive and during the last three years 739 rejection of the second reading was portion of the population of these knowingly en negligently infected her the unspeakable gratitude of thou-applications, for separation had been

islands were agreed that on some with a venereal disease. moved by Lord Braye.

It was sait sands of their fellow-subjects, and ger- made. After the adjournment for The Lord Chancellor said he had to grounds marriage ought to be dis-by the Archbishop of York that it waserations yet to be would acclaim them investigation 647 applicants said they announce that Lord Muin-Mackenzie soluble. While holding as strongly as difficult to define cruelty. While al for the wisdom and humanity of their did not want their cases proceeded had received a perition signed by anyone that continency was of vital definitions were cifficult, there was no decision. (Loud cheers.)

with, and of these only one came 100.000 persons asking that the importance to marriage he would yet definition which it exceeded the re-

back with a further application. He second reading of the bill should be make this point by which he must source and ingenuity of the law to

would not take that court as typical carried. The view of the Govern Stand or fall that the spiritual and make.

of all such courts. ment was that in a matter which had moral side of marriage were incom so much perplexed the consciences of Parably more important than the phy individuals it would not be proper to sical side. Think of what marriage The memories of the give such direction as was afforded by represented.

division.

Members of the Govern-lessly but yet so confidently, the ten- ́ment world; therefore. speak and vor der comradeship, the sweet associa

according to their views.

tions of parenthood-how much more

DIVORCE REFORM BLLI.

BECOND READING CARRIED.

ing line should be drawn between rich and poor; but from that moment the principle that marriage was, and ought to be indissoluble disappeared.

SUPERSTITION OF MIDDLE AGES.

41

INSANITY AND DRUNKENNESS,

not The next ground dealt with was the case of incurable insanity, and it was

such matters for the municipal authority said she knew of only fifteen such cases. Finally, with regard to the Canadian soldiers, he which might sound a large number, was told there were 200 such cases, but they should recollect that there bad been 412,000 Canadian soldiers in this country.

INCREASE IN DIVORCE.

ARCHBISHOP OF CANTERBURY. The Archbishop of Canterbury said ne, like the Archbishop of York, did

approach the subject On

It was appalling to learn that there ecclesiastical grounds or distinctively had been 5,789 applications for puning the Whips in charge of the world adventures faced together, heed. Proposed that divorce should be allow. religions grounds. In another and divorce in 1919, but they should notif

ed where a fumatic had been confinedre appropriate assembly he might exaggerate the import of this. He for five years under the lunacy law. nave something to say on those was told that 85 per cent. of the That affected almost 40,000 people several of the larger changes proposed to the absence of the husband abroad. points. He made no opposition to undefended cases were war cases dut He associated himself with Lord ought those count them the bonds / The Archbishop of York suggested by the bill. He did not object to a No fewer than 2,504 were poor Buckmaster, who asked whether they which Nature, in her intelligent was impossible to say that a cure might though he would like that the courts that with the advance of science cheaper mode of obtaining divorce, authority the Royal Commission on telepathy, had contrived to secure the not be effected. That was cold com to which the poor man could go Divorce was 20 count for nothing. perpetuation of the species. Those

fort to one who had been tied to a should not be inferior to those open That commission was composed of the

lunatic for five years. It was true to the rich. He had no objection to ablest men, and they bestowed upon

that it was not the fault of the tamatic equality as regards the two sexes as their task a degree of industry and

that his mind had been destroyed; but to the grounds on which they could number of heartrending cases was capacity which had never been exceed

bat argument proceeded from a fal- claim

very considerable, but they should view them in ed by any commission; and by an over-

proportion object to the additional the whelming majority they recommended

grounds for obtaining nullity. If those whole, and take care the conclusions which were now before

changes were made they would have the House. The bill concerned two

gone very far indeed they would topics. The first related to machin- tion.

practically have gone the whole way ery which the Commission

who opposed this bill must say that the physical side was the higher. for if they said the physical side was not the higher they were committed to the

monstrous paradox that they allowed

A breach of that which was

lacious basis.

-Decrees of divorce not

divorce,' and be did

persons, cases in which the expenses had been paid. He did not wish to inequalities, and wrongs, and that say there were no hardships, they should let well alone. The

to

divorce for a breach of the less import were not to be given as awards. art obligation, and denied divorce for Divorce was granted from profound breach of the more important obliga-considerations of moral policy. They must return again to the fudamental recom-higher should be treated by the State criterion that the whole object of the to meet the 'greater part of the they opened a dogr, however wrong-| mended. He did not find himself in no less grave than, a breach of that marriage was frustrated. I thousands need that was real and could be met agreement with those recomenda. which was lower.

of those cases the lunatic had not the by legislation. Whatever they did tions, and if the bill were given a

The woman who was deserted by slightest conception that he was mar. f there would be hard cases, some-

second reading he would make alterna tive proposals. He did not agree thar the county-courts were the proper tri- bunals to decide these manters, and, to bring divorce within the reach of those who lived in the provinces, he would propose that the marter should come under the jurisdiction of the judges of

assizc

Woman

to proceed with caution and accurate knowledge. They could not go Back upon what they did. If

ly that door might be used, they could not shut it again.” In America there was a desire to stiffen the law of divorce with regard to cases of times heartrending in their poignancy, insanity, but they could not go back if all Lord Buckmaster's proposals on what had been done. They were were carried there would still be a dealing in all this with a very sacred often cruel complications in married land. They were on holy ground. great many such cases, horrible and thing, touching the home life of Eng life, especially for the children, SomeThere were some 9,000,000 of mar seemed utterly incommensurate with the cases they were talking about times in these cases the penalty ried couples in this country, and the fault. But the hard cases must

Upon the fundamental recommenda- the rest of her life. There were thou-ji one who discovered at the church doormust be fundamental. The case of they did..want to help them, but that his wife was mentally affected the family of a clergymen who had they had to beware that they did That was twenty or thirty years ago.. committed some moral fault and to tens of thousands. This moment not bring apprehension and distress The whole happiness of his life was must cease to do his work was beart- wrecked, and the promise of a noble rending; but for that reason they quietly and considerately with these was the very worst one for dealing family disappeared ever. One did not ask that the law should be day men would wonder how we sus relaxed.

cases, for in all parts of Europe the ained so long a system so savage in

He challenged some of the basic wildest social reforms were in the They were setting the its conception and so devastating in statements upon which Lord Buck people of this country upon "a its consequences.

master and the Lord Chancellor

view

air.

the

husband who had also committed ried, and the proposition was gravely duhery could get relief: but compare put forward that a man or the case of the woman who was de

whose spouse had been seized by this serted by a soldier, from overseas.

infliction to such an extent that they She could not identify her husband to

did not know they had a spouse should prove adultery, and consequently was nevertheless be tied for life. Оле unable to get relie; from the law tragic case was within the knowledge courts. She was neither wife nor their lordships. He would men- widow, and had fatherless children for tion no names.

It was the case of be dealt with individually; the law were, in cumparison, very scanty. tions he accepted the majority reportsands, tans of thousands of people in of the Commission without any quali that position. He knew it was no fication whatsoever. The real con- the intention of the opponents of the troversy in the House re-day was what bi to encourage adultery, but com the real controversy had been at any sider the case of a young woman of moment during the last 300 years 22 who was left for the rest of he: when divorce had been discussed.life by a fugitive husband whom she After all rhetorical devices had been could never identify. The Archbishop stripped away, the real controversy was of York had said judicial seperator between those who believed that mar- was open to her. It was. he thought.

In the case of habitual drunkards in dwelt. It was taken for granted slippery slope if they touched this riage was indissoluble for any reason the saddest thing that the Church at all, and those who did not hold that should support a state of affairs which order had been made for drunkenness. these changes. He had been anxious in his acceptance of some

was proposed that after a separation that there was a general demand for matter in the way which was sug gested. He had been perfectly frank Lord Phillimore and Lord Par. meant that the only afternative to this

and where the drunkenness was con ascertain what was the strength things for which Lord Buckmaster moor, in saying that marriage was in- bill was a state of judicial separation.

of that demand, but from examina- dissoluble, were turning back the clock

nued for three years after the separation he found that nearly all the pleaded cheaper divorce, equality of 300 years. In advocating that view

should be allowed in a case where divorce and equality of the sexes. It all these were embodied in a Bill, tion order had been made, divorce demand was for the cheapening of ex conditions, and increased grounds for declaring marriages annulled. they were unsale guides. The Act of

a man or woman had married one who He challenged the two noble, Lords 1557. far too late, removed the juris diction from the Ecclesiastical Courts, were told that such a woman. of 22 drunkenness was an unsexed beast, al! mand on other lines than these. Bet would have done all that was needed They by reason of his or her incurable to give substantial evidence of a de. and their lordships supported it, they e jurisdiction they were ill-Ened to should remain cheste. For two thou- we could say was." Get your separait was said that if there was not;

in England to-day. perform. Their view was that mar- sand years human nature had resist-tion order, but all your life you shall direct evidence of the demand there|

EXPERIENCES OF LORD COLERIDGE. riage was, and ought to be, indis- ed, at that age, this cold admonition be ried," Those who said that denied was abundant indirect evidence. for sixth months, he had sat as a Lord Coleridge said that last year, soluble Towards the end of the of the cloisters, and he did not believe a woman any hope in this world; and Lord Buckmaster alleged the evidence judge in the Divorce Court, and dis seventeenth century it was recognised that the Supreme Being had set humar said, "if an honest man loves you, of innumerable cases of desertion, posed of some 1,500 cases. He had that by procedure by private Act of nature a standard which two thousand sin shall be the price of your union, especially since the war, The Parliament divorce could be obtained years of Christian experience had and bastardy the award of your child Lord Chancellor went further. He opinion that, the restrictions

approached his work with the general on the ground of adultery. That was shown that human nature in its vigor-ren." He did not believe that society said there was the case of thousands divorce should not be relaxed. He a method open to the rich alone, and dus prime could not support. What would for long acquiesce in a con- of Colonial soldiers, and be it was a great reproach that a divid happened? Do not let them delude clusion so merciless.

was not ashamed to confess that his went so far as to say that there The only other case was imprison were tens of thousands of people in view. He might almoat say he was experiences entirely changed his ment under commuted death sentence such a condition. That was casting In the year 1910 there were 113 cases on undeserved stigma on our Colonial appalled at the amount of human of those in prison for life under com- troops. Five years ago be remem fronted. And there were some curious

unhappiness with which he was con muted death sentence, and it was. They were told that in every part found himself

bered the agitation about war babies. loopholes in the law, When he sonable to suppose that 75 of these of England there were going to be decide whether there had been collu called upor to were married. The Archbishop of York said he had not examined the innumerable war babies and that in sion he was astonished to discover subject because cases did not frequent number of expectant mothers was so

a particular poor law union the that he was precluded by Act of

A HOTBED OF VICE.

He was prepared to say that judicial separation, the only akernative to the bill, was a horbed of vice.

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ly arise: justice was not to be mea-great that it was necessary to build † Parliament from asking the very

sured by such a scale. It was only new wards. On inquiry it was found

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the indulgence of the State in com that not only were there no new which had been emphasised by the muting the capital sentence that pre-wards, but vented the discharge from the obliga-single tions of matrimony..

CASE OF THE CHILDREN

there Was not a

Archbishop of Canterbury, that the case in the existing wards. In other cases wifere the same grounds should exist for both numbers were quoted as 600, 700,

sexes for obtaining divorce. Deser (Continued on Page 9.)

it was said that these changes ignor- and 200, it was found that the actual

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