The Portland daily press. [volume] (Portland, Me.) 1862-1921, 1869-10-14
Aeelef DiVOGces,

Moralists have often inveighed against tie
laxtty of modern legislation on this subject
I'm, family as our legislation may be. the f.
fculty does not lie wholly in this direction
The NewYork World, in lengthy account Of
the manner in which secret divorces are OBJ
talned in thu: State and the West, shows tn {
the fault is partly with loose administration
of the laws. The mode of doing the business
Is as follows: The party wishing to get the
divorce gaes TO one of the lawyers Of the
ring" set of pettifoggers and miscrean's
TOO low to take decent stand in the prots-
sion. The lawyer sends a summons u tie
other party by boy hired for that purpose
taking care IN send it at time when that
party is not at home. When the boy arrives
with the summons. the attorney takes care to
have some one there to personate the party 10
whom it is sent. The boy delivers it to this
individual and disappears while the real par
t. to whom it was sent never hears nything
about it. The matter is carried on in this
e1-parte fashion throughout. When the case
Is brought into court, the one against whom
it is brought knows nothing about it, and OF
course, is net present to defend his rights. The
divorce lawyei has it all his own way. He
moves that the matter be submitted to ref
cree which is done. Witnesses are employed
to swear to any facts which may be necessary
to secure the divorce, as for instance that tie
verse party has been guilty ola criminal VIC
laton of the marriage VOW. As there is no cross
ayarni N afiop md No cnpA,o+;,v rx,;lo,,oo ALL
referee reports in favor of the petition Tor d.
vorce, and judge decides accordingly. The
adverse party becomes apprised Of the result
alter all Is over, and the guilty party perhaps
beyond reach. 1t is so arranged by the ring
Which has branches in different States. that
tie divorce can be obtained in any State a.
the option of the plaintiff
The whole thing is farce, and could net
stand an hour after the facts were judicially
5estigated. But it makes out prima .fdcie
c.ie which holds good until contested, and 10
person whose means are insufficient to sup
port the expenses incident to litigation, it is
ab iolutely conclusive. That the rights of in
n cent persons can be impeiiled or taken
q vav by such barefaced frauds, is far flom
creditabe to our judicial system. No specif-
cally divorce legislation will obviate this d.
faulty. tits defect in the practical admins
ton OF the laws which can only be remedied
b more stringent provisions in regard to the
notice to be- served upon the adverse party.
We in this State have not yet reached such
q refinement of diabolism as the secret di-
vorce system. A case could be mentioned
however. occurring within year in our own
State, in which woman who had once lived
with her husband in this State but whose
bona .fde residence at that time was in Massa.
chusetts- came to this State and fraudulent
ly obtained divorce before her husband had
any notice that such suit was pending. No
personal notice was served, and the only
source Of information open to the husband,
was an advertisement in an obscure corner OF
. local newspaper which he would be likely
yer to see. IF the object of our lawmakers
WIS to contrive how not to convey informa-
on to the adverse party, we believe it would
b: difficult Tor ingenuity to invent more eff
fe,ive method OF doing so than this. 1t is
very probably true that our laws make it too
easy to get divorces, but it matters little wha,
NAV be the character otthe laws if they can
be evadea at pleasure. Nothing can preserve
the permalency Of the marriage relation till
greater care is taken to secure fair hearing
for both sides. IF knaves elude the present
provisions for securing publicity, new rules
should be devised which they connot eude
so easily.