214 UNIVERSITY OF COLORADO STUDIES 



and it is probable that such a law might have some effect in tending to 

 check migratory divorce. It would also prevent much of the confusion 

 which at present results from the conflict of laws concerning divorce in 

 the various states. It is doubtful whether such a law would tend to 

 check divorce greatly or reduce the number of divorces now granted in 

 the most hberal parts of the country to the number which are annually 

 granted in the New England states or New York. The evidence is all 

 against the idea that uniformity of law on the subject of divorce tends to 

 even up the nuniber of divorces granted in the various parts of the 

 coimtry. Switzerland adopted a uniform divorce law in 1876. Ten 

 years later, in 1885, Appenzell, Outer Rhodes, one of the cantons, had a 

 divorce rate forty-nine times greater than that of Unterwalden. The 

 same differences in different parts of the country existed as they did 

 before the law was enacted.' 



To the passage of a uniform divorce law by Congress, legal opinion 

 seems to be opposed. Such a law is considered impracticable. It is 

 claimed that it would lead to federal usurpation of the whole subject of 

 domestic relations and still further congest the federal judiciary. " The 

 federal government can never assume jurisdiction of marriage and 

 divorce in the shghtest degree, without absorbing eventually all the power 

 incidental to the subject including family relations, property relations of 

 husband and wife, guardianship of minors, custody and maintenance of 

 children, legitimacy," and domestic relations generally.^ Such are the 

 views of the state boards of commissioners for promoting uniformity of 

 legislation in the United States and also of the national congress on 

 uniform divorce laws.^ 



Probably the best law that has been proposed is one requiring a two- 

 years' residence in the state before apphcation for divorce is allowed. 

 It also provides that the case shall be heard in open court and before 

 the judge personally. The court is given discretionary power to appoint 

 someone to represent the state in uncontested cases, and cross-examine 



• WrLLCOX, The Divorce Problem, p. 59. 



• Snyder. "The Geography of Marriage." Quoted in Report of the Ninth National Conference of 

 State Boards of Commissioners for Promoting Uniformity of Legislation in the United Slates, August, 1899, 

 P- 25. 



3 Proceedings of the National Conference on Uniform Divorce Laws, Washington, 1906, p. 52. 



