The morning news. [volume] (Savannah, Ga.) 1887-1900, 1889-11-17

Statistics are dry and uninteresting.
but 1t IS a singular fact that rarely do
Two cases, even with a precisely
similar basis of action, resemble
each other in any essential particular.
There is almost always the element of
novelty IN every case. This shows that in
spite of the skillful provisions Of our law
makers, the causes for each different species
of litigation are by no means stereotyped.
They present an interminable and seem
lngly exhaustless variety, whether the case
be the ordinary action for breach-of-prom-
Use OF marriage, or is based on any other of
the 1,001 complications that combine to
make a subject for the lawyers and the
courts
1t is worth noting that very large pro-
portion of the cases that come up in the
criminal courts of New York city are suits
brought by young girls whose lives have
been blighted. Unlike the regular crimi-
nal cases, in which an arrest has been
made and publicity incurred at every step
OF the proceeding, the public know nothing
OF these suits until they come up for trial.
This facts keeps them well in the back
ground, and SO people are ignorant of their
number and of the extraordinary prevalence
OF this form of crime. Now, there is
partial explanation of this abnormal
phase of the metropolitan morals. New
York is cosmopolitan city. Its doors are
open to all sections of the globe. There is
here a certain freedom from restraint in
domestic affairs and in the relation of
parents and children which is not found
elsewhere-and certainly not in either
London or Paris. There the daughters of
the family grow up under the strictest
guardianship, and are never allowed to
enter society until they are beyond their
teens. A young Parisienne is not permitted
to 60 out doors without the accompanying
father, mother or chaperone ;and in London !;
among the wealthy and even with the
middle classes, it is almost the same. Here
on the contrary, there is SO much latitude
and independence in the relations
between parents and daughters-and
especially between mother and
daughtsr-that more freedom is permitted
and the young girl is largely her own mis-.
tress. She has the privilege of accepting
thousand attentions from the other sex,
which would not be allowed her abroad. Even
while she is very young, she is not deferred
by any notion of parental authority from
accepting the escort of gentlemen to thea
ters and other places of amusement. Her
whole notion of the proprieties is very hazy
and indefinite, and it is not surprising that
this condition of things affords an oppor-
tunity for license and privileges that would
never be contemplated under different
auspices. 1t is not that the American girl
is less moral than her European cousin, but
that she is less securely hedged about by the
safeguards that belong by right to her
youth and inexperience.
OF course, a very large proportion of such
cases, as | have indicated, never see the
light of publicity and are settled without
even going into court Where the defend
ant has reputable connections, he is gener-
ally glad to have the matter quietly ad-
fha,. thar, hau HE OnnAncf
and his friends scandalized. Under our
criminal laws, late amendment to the
Penal Code makes it states prison offence
to blight the life of young girl. This con-
sideration has no little weight in effecting a
settlement in many cases. | am happy to
say that have been an humble factor IN
bringing to an agreeable conclusion many
cases of this kind and in witnessing the
marriage of the principals. Many of these
unions turn out very happily indeed.
One of the peculiarities of suits of this
character is that they are almost all brought
by girls under 81. Indeed L cannot now
remember single case in which the plain
tiff was not under 81, and the majority were
under IS.
In divorce cases-a field in which have
probably had larger experience than most
members of my profession, and certainly a
varied one-the vast majority of the liti-
RdLlbo dIS WOILSns 10y UuAS l. lI1otl W Us
understood as saying that there are nine
teen actions brought against husbands to
one against wife The proportion of five
in 100 is really on the safe side. 1t is GER
tainly pleasant fact to be able to say that,
in twenty-five years experiences at the
criminal bar, | have met only at rare inter-
walls with conclusive evidence of the fla
grant violation Of marriage VOWS by the
woman.
On the other hand. marriage, as, viewed
| in the light of Flack case, seems always
more of a burden to the man than to the
woman, especially after he has made his
way bit in life and been fairly successful
| in business When the world begins to
prosper with him the marriage bond too
often grows irksome, and he longs to throw
| it off. Cases of this description are almost
| countless. Ii such a man has the
| slenderest reed to stand on, he will take his
position unhesitatingly, and will enter the
| divorce court to seek relief. 1t is an old
and trite saying that wherever there is
trouble there is sure to be woman at the
bottom of it. Well, would just reverse it.
| In my experience and observation, wherever
| the marriage vow has been violated have
| found, as a French writer cynically re-
marked: "There is a man at the bottom
| of it, instead of a woman"
| For the sake of American women, and
| WOmanklnd IN general. L am happy 10 De
| able to state these truths. No merit of any
statement might make can give them any
| greater force OF significance than they de-
| rive from the facts themselves, which are
! in the highest degree creditable TO woman.
| Very few divorce suits, based on the
| ground of unhappy marriages or incom-
patability of temper and cruel treatment,
are tried in this state, for the reason that
there can be but one ground for absolute
separation, and that is infidelity. AS a
| rule, where there are children, the parents
usually come together and settle their
| difficulties; for it is hard to break up the
family, even to crafty personal passion or
resentment. Besides, 1T is difficult matter
| for the plaintiff to establish cruelty.
| Most women are tender of hearts and open
to persuasion, and have known many in
| stances where marred ladies have been
advised against persisting in an action OF
I divorce. and after awhile have relented.
| Time, the healer, has covered up all the
wounds and brought husband and wife
together again and they have kissed and
made up. One such lesson generally lasts a
| lifetime.
There is still another method of endeav-
oring to secure a divorce, and that is by
collision. This was the means adopted in
the Flack case TO which | have already re-
ferred. In all such cases where collusion
exists, or is presu ned, the divorce is illegal,
and can be set aside. But the collision in
the Flack case was peculiar, being wholly
different from the collision contemplated
hv Iaw which nOints To an agreement be-