1922-11-21 — Page 6

THE HONGKONG DAILY PRESS, TUESDAY, NOVEMBER 31st, 1949.

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3YSANITARY-COM

ANOMALIES OF DIVORCE.

LORD BUCKMASTER'S.

TE INDICTMENT.

INSULTING: INEQUALITY,

The following latter was addressed to The Times Jast month by Lord Buck- mnator

During the last-weeks of the Summer Tarm, at the request of the Lord Chancellor, I undertook the trial of undefended quits for divorce, and heard about four hundred CALES. They were taken in-dua order from the list, and included ovary class, but with w large proponderance of the poor, owing to their numbers, and also to the difficulty of their getting decent homes.

The experience was startling, and explains why it is that. pratically every Judge on whom a similar duty has devolved has urged an alteration of the law. "I bellere that the reason why this demand is not universal is that the facts are not known, and false modesty prevoute their disclosure. Women's societies pass resolutions declaring that if any change be made, equality mais be established between men and women, forgetting, or not knowing, that the present law produces the most insulting inequality, and that it is in the interests of women that reform is soughts

Plain facts need plain speech, and I beg, without apology, to ask attention to the following statement, based on the cases I tried, prefaced only by saying that "I scrutinized the evidence with especial care, and that I am satisfied as to the truth of what I state,

A woman marries a man, and is at one infected by him with syphilis. She is an innocent woman, and knows nothing as to what is wrong until the disease has her fuet. in its grip. The doctor is satisfied that infection occurred immediately on marringe; consequently, the law politely bows her gut of Court and makes her pay the cost of her struggle for liberty. In the particular case to which I refer, the husband bad. deserted the woman, and it was possible to prove, though with difficulty, that he had also transferred his "affections" to someone else; but for this his wife was boudd för life.

4.!,

Another woman had been made the victim of the unspeakable savagery of brutal aud perverted lust. She also must have. remame bourd by the bonds of matrimony. enfereed by violence, but that her husband went to satisfy his fary elsewhere, and was

forind out

#

"

A third was deserted, after a week, by a soldier who went to the American coatment, where he might have lived unmolested for ever in a life of peaceful adultery, but as he violated two children he also was discovered, and she was able to be free.

I could multiply the recital of individual cases, but lack of space forbics, and the general conditions reed attentiou.

Bigamy wis extremely common, but entirely confined to poor persons, for bigamy is not a vice of wealth; the fich cand other less ilegal outlets for their emotions. The fisting stafate, however, provides that bigamy is not sufficient ground for divorca it must be bigamy with adultery"—and, though it might be assumed, anywhere outside a law Court, that a man who has risked penal servitude to obtain possession of a woman was not prompted by platonic love, yet the law requires independent proof of the adultery. Further, by a decision. now sixty-five years old, this adultery must be with the bigamous wife adultery with my number of other people is quite in adequate.

7.

On the wisdom and justice of this ancient judgment I will not comment, but it throws great difficulty in the way of i woman who can prove that her husband has been convicted of bigamy, but finds it difficult to trace and obtain evidence of adultery; quand hanc, in one case before me, she almost failed

"

Among the poorer people desertion was the commonest event; richer folk walk more delicately, and, being in a hurry, obtain a decree for restitution, to be obeyed in a fort night, instead of waiting two years. It was, of course; only in the rare instances whers the deserting husband could be traced and his undoubted adultery legally proved that any relief would be obtained. · În one. each case the husband, who lind first insulted and then deserted his wife, left the country is a ship, with the woman with his affection for whom he had often taunted his wife, but, of course, that did not con. stitate legal proof of adultery, but merely companionship.

In no case that I tried did there appear to me the faintest chance of reconciliation; the marriage tie had been broken brood repair and its sancitity utterly defiled'; nor, again, though I watched with extreme vigilance, was there any single case where collusion could be suggested. With regard to cruelty, there was no case which a com

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withemes, could not have tried at mas

I was, of course, laced with the question

the frakt: in cruelty, which, wo krò informed; P

inno dimicals that you want the King's

•Hongkong

Proctor an expert in cruelty to keep fast immured in criminal lunatic asyloms, the law steady. I hade my own rules. Ifand in this ornatural state they will regar A man who wa4ober kicked his wife in while the shadow of the years lengthousand the stomach wh she was pregnant, that life's day grows dim. Burely the desire to Scenteder to zmia

were not help much prople is not, sa some appear to might think, prompted by Bazan, but is a humble

had to con

But,

repeated the cruelty, no praatid-for-ity or we thall

Jont stitutions and Toil

Text eternally

exort to carry out the principle of the supplication whith mis that, while our Own" Wants" aru antisfied, we should not be

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wil abortly resume ita work lows have been condemned *Competent Authority m

The House of Lord

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need against further change, from the

• the moét skiltet ndíbchlé, kráð han

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adel reform. Common sense-buk

for respect tonay advoristish Fibald hare but the added common decency-rejects the existing band: ithin lawaait saking too much to entrest women have been the Governo

their husbands: Parliament:

-(Continued as foor of next cok

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