The Dillon tribune., 1885-02-07
"LEr NO HAN PUT AsUNDER."


Throughout the country the divorce evil
is receiving more attention than usual, and
the looseness of the divorce laws is con-
demned by the press and censured by the
pulpit. Divoices are becoming SO nu-
merous that Hvorce Reform Leagues are
formed in the States that are annually ac-
complishing great deal of work in the
way of sanctifiing the marriage relation.
In Ohio the Divorce Reform League is
battling and arranging matters so that
what God hath joined together 70 man
will have the aadacity to put asunder. 1t
is proposed in many States to carefully
overhaul the divorce laws, and amend them
materially or entirely wipe them out Ine
appalling number of divorces granted in
this country during the past year is suf'
tlcient reason for asking the suspension OF
all divorce laws for at least five years. 1t
the divorce laws of the States are loose, the
divorce laws Of the Territories are looser.
This is true at least of the divorce law OF
Montana, which is nearly a fraud on our
statute books. Under Montana law di.
vorce may be obtained under the flimsiest
of pretexts or allegations-or without any
iustifiable allegations at all, for that mat
ter. In Montana the "referee plan" is
adopted, presumably because 1t is easy
and secret, for all intents and purposes.
The referee method is cheap, too. A ref
cree gets eight dollars for doing divorce
Job. The modxs oteramd; OF getting d.
vorce through an eight-dollar referee may
be explained as follows for the edification
of the people: The Court appoints ref
eree-often at the suggestion of counsel OF
an interested party. The referee takes an
oath-a sort Of swear-to do his duty. The
referee now being an officer Of the court
opens a deputy District Court in some
dingy den, where witnesses are examined,
ex tayte for the most part, and 1t does not
matter for referee purposes whether wit
nesses are sworn to tell the truth or to tell
lies. The testimony taken, The referee pro-
ceeds to find his findings for the Court.
Usually, but not invariably, the referee has
a "fellow feeling" for one side or the other,
and his findings are made in conformity to
his feelings. The Court glances over the
findings, and skips the testimony, which is
deemed beneath the dignity of the Court
The Court finding the findings to wind up
with a recommendation for divorce, one
is granted. The whole racket is easy, sim
pie and cheap, and it is also perfect farce.
Quick marriages often follow divorces got
ten before referee, showing almost con-
clusively that matters had been fixed. We
can instance many cases, but few will
suffice to sho W the point. In the District
Court at Virginia City, not many years
ago, a woman >0btained divorce. It was
referee case. The findings, coming into
the Judges hands, his honor hastily viewed
them, and turning to the clerk, ordered a
decree entered. The clerk made note
not an entry. In one hour and fifteen min
utes from the time the Judge gave the clerk
the verbal order that woman was married
to Dutchman. Once al Bannack nearly
as quick time was made as that made by
the Virginia City woman. AT Butte d.
vorced party barely permitted the ink to
dry on the court journal before marrying
again. These cases are cited to show how
handy and convenient it is to be fortunate
enough toget divorce case before referee.
Yea, more. To show that the 'referee
plan" is fraud. The Legislature now in
session could profitably put in little time
in abolishing the referee in divorce cases.
To do SO would be mending the divorce
law of Montana very materially. If the
law is no, amended then teach US to recite:
"Whom God hath joined together let the
referee put asunder."