Martinsburg herald. [volume] (Martinsburg, W. Va.) 1881-1920, 1891-10-10
rHE plvoRcE EvIL.



n. H.., Roo. M, IN Rad r.xs hu, g.
crer Administrator of Good ones
Jndoe A;kens of Sonth Dakota nror-
erly displeased at the bad eminence
his State ia attaining as a fashionable
divorce mill. has made the announce
ment that parties 70 actions dissoIyipp
the matrimonial bond must hereafter
fulfil the requirements of the spirit of
the law as to residence. in order to OBJ
tain the relief sought.
This is n ereditable dictum. The
Judoa does NOT intend 10 nIav tho mart
of Leporello-the valuable confidential
Vallejo the Don Giovannis, male or
female. of other States-a role which
unfortunately. tie Judiciary of Rhode
Island. n Charging its conscience with
the protection Of New York society scan
dals and the assistance of immoral and
illegal second marriages. has with rs
founding complacence adopted.
Yet Judge Aikens' elder brethren of
the bench NAV ask bim-not in mockerv.
though smiles may plav around their
severe yisages as thew mt the question
to him-how he proposes to ascertain
that the parties have fulfilled those re-
ouirements. If John Aikens has the
courage to follow his promise-the
necessity of al interrupted divorce pro-
cedurs-to its logical conclusion. Le
will answer in one sentence. By try
ING their cases in omen court
The divorce nroeednra Of to-dav-as
every LAWYER. every client. every Judge.
especially every master or referee. as he
NAV be called in different States. knows
is a sham. a mockery. and a fraud.
It's so because nearly every uncontested
divorce snit ia obtained nv collusion.
which is only possible on account of the
secrecy which TODAY fosters the de-
signs of the majority Of suitors-tbe
people whose only reason for divorce ia
that incompatibiIity of Temperament
which il bred siunly of a desire To he
off with the old love If not TO he on
with the new
Neither iudpe nor iury grants d.
Union. They are granted bv n master
or referee. That il to say thew are
granted bv irresponsible members of
the bar whose chief claim to exercise
this highest of judicial functions i tba
fact of their imnecuniositv That is 10
sav AGAIN Tho foes of a mastershin NOT
Seing sufficient IN nav for the time and
attention of LAWYERS in lucrative nrac.
tice the annortionment goes except in
the more important cases to those
weaker bretbren of the bar whom n
benionant bench il always willing 70 as
sistoat the suitor,' exnense. For men
Of This class the foundation To hurry
thronob To n dacraa and Zoo !. ant IN
be a good deal stronger than the yearn.
inc in the interests of society and alb
stract iustice for a thorouoh investioa-
tion which wonld be viewed az offic;ous
nv both PARTIES to tbe action The
only part which the Judqe has to nIav
in This cynical burlesoue Is the signing
of tba aacrea and tho readino 81 The
testimony whose correctness as to form
the counsel for the nlaintiff has Of
oourse looked after Witnesses ara
sworn but the difference between the
sanctity of an oath in n LAWYERS hack
office and the sanctitv of an oath in
omen court il something tbst takes tbe
mind good wav into oeometrical nro.
gression to calculate.
Here is the great root and main stem
of the divorce evil. The Iaxity of the
worst divorce laws in the United States
is not responsible for one-tenth rs much
of the serious CONTEMPT into which tbe
marriage tie has fallen TODAY as is the
secret and. therefore lax. administration
of the best laws.
Perhaps the most shocking part on
the whole shocking business. as far "a
this State is concerned, is that this pre,
cious secrecy il virtually for sale IN.
woman who wants an allowance of 81 a
week goes to the Solicitor for the Blu
reau of Charities who airs her griey-
ances in the open Desertion Court. The
woman who wants $40. 900 wear alimo-
nv and freedom goes to her LAWYER. and
for a fee is afforded the seclusion
granted by the rules of the court drawn
in the interests of public morality"
The only excuse ever made for this
furtiye administration of the law offer
ing. as it does. every chance. and nearly
every chance is accepted. to a malad-
ministration which is undermining the