2o8 UNIVERSITY OF COLORADO STUDIES 



The same rule prevails in Canada. The eastern and southern states 

 are conservative and grant few divorces. In New York adultery is the 

 only cause. South Carolina grants no divorce. In the western states 

 divorces are mostly granted for the three causes, desertion, cruelty and 

 adultery. As a rule three-fourths of the divorces have been granted for 

 these three causes.' One of the defects of the law is that it does not 

 define cruelty. All sorts of definitions have been given by the courts. 

 Failure to take wife out riding, talking late at night, snoring in one's 

 sleep, have each been defined by the court as cruelty and a divorce 

 granted. In the state of Washington there was a law in force in 1886 

 by the provisions of which the judge might grant a divorce if in his 

 discretion it was the best thing for the parties concerned. 



This elasticity in the interpretation of the meaning of the word 

 cruelty, and certain lax laws of residence in the various western states 

 have led to what is known as migratory or carpet-bag divorce. Persons 

 in the eastern states desiring a divorce migrate to the West, acquire a 

 residence, secure a decree and then return to their original state. This 

 is one of the causes which tends to swell the number of divorces granted 

 in the western states though it does not fully account for the high rate 

 there. South Dakota has the most unenviable record in this respect. 

 It had for a number of years a law which allowed a divorce to be granted 

 after a residence in the state of only ninety days. Great numbers of 

 New York and other eastern people migrated to this state and secured 

 divorces. At the present time the required residence before application 

 for divorce in South Dakota is one year.^ 



Various proposals for the reform of the divorce evil by legislation have 

 been brought forward. Among them the best known are, perhaps, 

 restriction of divorce, of remarriage after divorce and restriction of 

 marriage. Few students of the question will agree that any of these 

 proposals is practicable. 



As to the restriction of divorce by law, it is generally conceded that 

 law can do Httlc except by making divorce expensive. In this way law 



• In California, Indiana and Michigan great numbers of divorces are granted for non-support, but 

 this is not a cause for divorce in all states. 



' For a number of years the required residence in South Dakota has been sLx months, but in March, 1907, 

 the present law was enacted. 



