verdict in every case.' The statutes of Kansas, Nebraska, Ohio, Wisconsin, and Wyoming permit either consort to be a witness in the case; and by those of Illinois, Kansas, Minnesota, Nevada, Ohio, Oregon, Wisconsin, and Washington the court may authorize the woman to change her name. She is granted this privilege in Alaska only when not the person in fault. In several instances special provision is made for defending the action. According to the Indiana law, "when a petition for divorce remains undefended, it shall be the duty of the prosecuting attorney to appear and resist" the same. In Colorado, when the defendant fails to appear, the court must appoint an attorney who shall secure a fair and impartial hearing of the case. By the law of Oregon the state is constituted a party in such suits, and it is the duty of the district attorney, "so far as may be necessary to prevent fraud or collusion," to control the proceedings for the defense. Washington has a similar law; and in special cases the prosecuting attorney in Idaho and Michigan is likewise required to oppose the granting of a decree. Soliciting divorce business by advertising or

2

3

1 MILLS, Ann. Stat. of Col. (1897), III, 438; Ann. Codes and Stat. of Wash. (1897), II, 1600.

2 Rev. Stat. of Ind. (1896), I, sec. 1038. An emergency act of 1901 makes provision for counties of 100,000 inhabitants; that is, for Marion county, containing Indianapolis. Where no bona fide counsel for the defendant is entered in the appearance docket, the prosecuting attorney is to enter his name therein, and to resist the petition on behalf of the state. Any attorney, other than the prosecuting attorney, appearing for the defendant, if so ordered by the court, must file a written authority executed by the defendant: Laws (1901), chap. 151, pp. 336, 337. In substance this requirement as regards the prosecuting attorney is made general for the state by an act of 1903: Laws, 393, 394.

3 MILLS, Ann. Stat., III, 438; Laws (1893), 238, 239.

4 Codes and Gen. Stat. (1892), I, 664 (act of Oct. 11, 1862); Codes and Stat. (1902), I, 456.

5 Ann. Codes and Stat. (1897), II, 1600.

This is the duty of the district attorney in Idaho, and of the county attorney in Utah, when the ground of the petition is the alleged insanity of the defendant: Gen. Laws of Id. (1895), 12; Laws of Utah (1903), 39, 40; and of the prosecuting attorney in Michigan, when there are children under fourteen years of age whose interests require his intervention: HOWELL, Gen. Stat., III, 3605; MILLER, Comp. Laws (1899), III, 2665.

otherwise is sometimes prohibited under severe penalty, such being the case in California, Illinois, Indiana, Minnesota, Montana, New York, Ohio, and Washington.' Indiana has a unique enactment expressly declaring that a divorce legally granted in any other state shall have full effect in that commonwealth. Everywhere due provision is made for alimony, care of the children, and the adjustment of property rights. There is great variation in matters of detail; but in general the laws of the middle and western states relating to these subjects are very similar to those of New England. For the purpose of the present chapter further notice may therefore be dispensed with. Only in Michigan,3 Ohio, Illinois, and Indiana, it may be mentioned in conclusion, has any adequate provision been made for the collection and publication of divorce statistics.

1 Cal. Stat. and Amend. to the Codes (1891), 279; ibid. (1893), 48; ibid. (1900-1901), 444; Rev. Stat. of Ill. (1898), 633, 634; Rev. Stat. of Ind. (1896), I, sec. 2129; Bates, Ann. Rev. Stat. of Ohio (1897), II, 3218; Ann. Codes and Stat. of Wash. (1897), II, 1987, 1988; Gen. Laws of Minn. (1901), 286. By Laws of N. Y. (1902), I, 536, this offense is made a misdemeanor. Cf. Laws of Montana (1903), 146,

2 Rev. Stat. (1896), I, 1049.

3 Act of Feb. 11, 1897: Pub. Acts of Mich., 12; ibid. (1899), 69.

CHAPTER XVIII

PROBLEMS OF MARRIAGE AND THE FAMILY

[BIBLIOGRAPHICAL NOTE XVIII.-Materials for a more extended study of the questions touched upon in this chapter are set forth in Part IV of the Bibliographical Index. Wright's Report on Marriage and Divorce is, of course, indispensable. It may be supplemented from the Eleventh Census, U. S., I; the Census of Massachusetts, 1875, 1885, 1895; the Registration Reports of the New England states, of which the forty-first for Massachusetts is most important; and from those of Indiana, Illinois, Michigan, and Ohio. Useful summaries of statistics may also be found in Secretary Dike's Reports of the National Divorce Reform League, and its successor, the National League for the Protection of the Family (Montpelier and Boston, 1886-1903). An important statistical monograph is Willcox's Divorce Problem (2d ed., New York, 1897). This should be read in connection with his "Study in Vital Statistics," in Pol. Science Quarterly, VIII (New York, 1893); his "Marriage Rate in Michigan,” in Pub. of Am. Stat. Association, IV (Boston, 1895); Crum's "Marriage Rate in Massachusetts," in the same volume; and Kuczynski's article in Quart. Jour. of Economics, XVI (Boston, 1902). See also Dike, "Statistics of Marriage and Di-√ vorce," in Pol. Science Quarterly, IV (New York, 1889), a study of the government report; idem, "Facts as to Divorce in New England," in Christ and Modern Thought (Boston, 1881); Wells, Divorce in Mass., extract from the 41st Registration Report (Boston, 1882); Abbott, "Vital Statistics," in 28th Rep. Mass. State Board of Health (Boston, 1897); Wright, Practical Sociology (New York and London, 1899); MayoSmith, Statistics and Sociology (New York and London, 1895); Loomis, "Divorce Legislation in Conn.," in New Englander, XXV (New Haven, 1866); and Allen, "Divorces in New England," in North Am. Rev., CXXX (New York, 1880). Important foreign statistical works are Bertillon, "Note pour l'étude stat. de divorce,” in Annales de démographie internat., IV (Paris, 1880); idem, Étude démographique du divorce (Paris, 1883); idem, "Du sort des divorcés," in Jour. de la soc. de statistique (Paris, 1884); Oettingen, Die Moralstatistik (2d ed., Erlangen, 1874); Rubin and Westergaard, Statistik der Ehen (Jena, 1890); Bertheau, Lois de la population (Paris, 1892); Molinari, “Decline of the French Population," in Jour. of Royal Stat. Soc., L (London, 1887); Ogle, "Marriage-Rates and Marriage-Ages," ibid., LIII (London, 1890); Farr, "Influence of Marriage on the Mortality of the French People," in Trans. Nat. Assoc. for Promotion of Soc. Science, LVIII (London,

1859); idem, Vital Statistics, Parts I, II (London, 1885); Newsholme, Vital Statistics (3d led., London, 1892); Cauderlier, Les lois de population (Brussels, 1900); Lindner, Die unehelichen Geburten als Sozialphänomen (Naumburg, 1899); Statistik der Ehescheidungen in der Stadt Berlin, 1885-94 (Berlin, n. d.); the parliamentary Return of the Number of Divorces in Foreign Countries, Misc., No. 4 (London, 1895), Part II, being for British Colonies; and Reports of the Laws of Marriage and Divorce, Parts I, II (London, 1894).

On the divorce problem see An Essay on Marriage; or, the Lawfulness of Divorce (Philadelphia, 1788), presenting the principal arguments in its favor; Westbrook, Marriage and Divorce (Philadelphia, 1883); idem, The Clerical Combination to Influence Civil Legislation on Marriage and Divorce (Philadelphia, 1887); Fisher, The Causes of the Increase of Divorce (Boston, 1883); Richard, Marriage and Divorce (London, 1888); Robinson, "The Diagnostics of Divorce," in Jour. of Soc. Science, No. 14 (Boston and New York, 1881); Janes, "Divorce: Sociologically Considered," in New Englander and Yale Review, LIV (New Haven, 1891); Phillips, "The Divorce Question," in International Review, XI (New York, 1881); Savage, "Matrimony and the State," in Forum, X (New York, 1890); Adler, "The Ethics of Divorce," in Ethical Record, II, III (Philadelphia, 1889-90); Wright, "Marriage and Divorce," in Christian Register, LXX, 655–58 (Boston, 1891); Lecky, Democracy and Liberty, I, chap. vii (New York and London, 1896); and Bryce, "Marriage and Divorce," in his Studies in Hist. and Jur. (New York and London, 1901). The following are very conservative: David Hume, "Of Polygamy and Divorces," in his Essays, I (London, 1875); Little, "Marriage and Divorce: the Doctrine of the Church of England," in Contemporary Review, LXVIII (London, 1895); Hurd, "Scriptural Ground of Divorce," in the New Englander and Yale Review, XLV (New Haven, 1886); Phelps, "Divorce in the United States," in Forum, VIII (New York, 1889); Caverno, Treatise on Divorce (Madison, 1899); Gladstone, symposium with Bradley and Dolph on "The Question of Divorce," in North Am. Review, CXLIX (New York, 1889); Greeley, "Marriage and Divorce: a Discussion with Robert Dale Owen," in Recollections of a Busy Life, 571 ff. (New York, 1869); idem, Love, Marriage, and Divorce, and the Sovereignty of the Individual (New York, 1853), a discussion with James and Andrews; Convers, Marriage and Divorce (Philadelphia, 1889), presenting the Catholic view; Dike, "Some Aspects of the Divorce Question," in Princeton Review, N. S., XIII (New York, 1884); and Woolsey, Divorce and Divorce Legislation (2d ed., New York, 1882).

In Italy divorce is favored by Gioja, Teoria civile e penale del divorzio (Milan, 1803); Mazzoleni, La famiglia nei rapporti coll individuo e colla società (Milan, 1870); Bianchi, Il divorzio (Pisa, 1879);

Bernardo, Il divorzio nella teoria e nella pratica (Palermo, 1875); Marescalchi, Il divorzio e la instituzione sua in Italia (Rome, 1889); and opposed by Giudici, Memoria sul divorzio (Milan, 1798); Rosmini, Des lois civiles concernant le mariage des chrétiens (trans., Paris, 1853); Zamperini, Il divorzio considerato nella teoria e nella pratica di D. di Bernardo (Verona, 1876); and Gabba, "The Introduction of Divorce in Italy," in Am. Church Review, XXXIII (New York, 1881). In France the rise of a sentiment favoring divorce may be traced in Cri d'une honnête femme qui reclame le divorce (London, 1770); Contrat conjugal (Paris, 1781; Neuchatel, 1783); Bouchotte, Observations sur le divorce (Paris, 1790); Hennet, Du divorce (Paris, 1792); Tissot, Le mariage, la séparation, et le divorce (Paris, 1868), giving an account of the principal French and Italian writers; Naquet, Le divorce (Paris, 1877); Bertillon, in the works above cited; Cavilly, La séparation de corps et le divorce (Paris, 1882); Fiaux, La femme, le mariage, et le divorce (Paris, 1880); and Dumas, La question du divorce (Paris, 1879; 5th ed., 1880). Divorce is opposed by Madame Necker, Réflexions sur le divorce (Paris, 1792; or Lausanne, 1794); Bonald, Du divorce (Paris, 1801); Malleville, Du divorce (Paris, 1801); Chrestien, Dissertation historique (Paris, 1804); Hennequin, Du divorce (Paris, 1832); Ozanam, "Du divorce," in his Mélanges, I (Paris, 1859); Daniel, Le mariage chrétien et le Code Napoléon (Paris, 1870); Durrieux, Du divorce (Paris, 1881); Vidieu, Famille et divorce (Paris, 1879). This book was answered by Dumas in the work just cited; and he in turn was replied to by Féval, Pas de divorce (11th ed., Paris, 1880); and Hornstein, Le divorce (Paris, 1880). Kellen, Was ist die Frau? (Leipzig, 1892) gives an account, with extracts, of Dumas's utterances on social questions.

Problems of the family are discussed by Allen, "The New England Family," New Englander, XLI (New Haven, 1882); Dike, Perils to the Family (Auburndale, 1887); idem, The Family in the History of Christianity (New York, 1886); idem, "Problems of the Family," in Century, XXXIX (New York, 1890); idem, "The Religious Problem of the Country Town," in Andover Review, II, III, IV (Boston, 1884-85); Mathews, "Christian Sociology: the Family," in Amer. Jour. of Sociology, I (Chicago, 1896); Blaikie, The Family: Its Scriptural Ideal and its Modern Assailants (London, 1889); Mulford, The Nation, chap. xv (New York, 1871); Bushnell, "The Organic Unity of the Family,” in his Christian Nurture (New York, 1861); Potter, "The Message of Christ to the Family," in his Message of Christ to Manhood (Boston, 1899); Peabody, "Teachings of Jesus Concerning the Family," in his Jesus Christ and the Social Question (New York, 1900); Buckham, "The Relation of the Family to the State," in International Review, XIII (New York, 1882); Pearson, "Decline of the Family," in his National Life and Character (London, 1893); answered by Muirhead,