ogether
its law permitting divorces for cruelty or intoxication. One other
makes insanity a cause of divorce. One other, non-support. Two or
three adopt the notion of joint guardianship of children.
[Footnote 1: A State official informs me that the law is evaded, see
above, p. 212.]
In 1897 one State prohibits the remarriage of divorced parties
during the life of the innocent plaintiff; the Uniformity of Law
Commissioners came to the conclusion that any limitation upon
remarriage was unwise and led both to immorality and to wrong against
innocent third persons. Divorces should either not be granted at all,
or be granted absolutely. This is the better opinion; though, of
course, it does not apply to mere orders of separation. Much confusion
of thought has arisen upon this subject, the upholders of lax divorces
always assuming that the opponents mean to compel persons to live
together in misery or incompatibility, which, of course, is far from
the case. A legal separation has always been permitted, except,
indeed, where that doctrine is interfered with by modern statute; any
wife can be freed of a vicious or cruel husband and even compel him to
support her while living away from him, but "platform women" are apt
to forget this fact. In the same year one Southern State has the
chivalry to provide that no women should be worked as convicts on the
road; one is not aware but for this that it ever happened. We see
more humane legislation about this time for the protection and proper
treatment of women in jails or houses of detention, for the services
of matrons and the careful separation of the sexes, and by now seats
for women in stores or factories are almost universally required. The
sale of liquor to women is in one State specially forbidden, Louisiana
follows the Texas law giving women tax-payers a vote on appropriations
for permanent improvements.
In 1899 comes the law of Michigan, already referred to, forbidding
persons with contagious diseases to marry, and compelling physicians
to testify. The Massachusetts Medical Association has gone on record
as urging that there should be a privilege to physicians in all cases,
as there is to lawyers. Many people believe that to be the common law;
such is not the case, even as to priests.
One more State this year awards divorce for insanity, and one more
for intoxication. Several States permit women to get damages from
liquor-sellers selling intoxicating drink to their hu
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