The morning call. [volume] (San Francisco [Calif.]) 1878-1895, 1893-01-18
ABUSE OF THE DIVORCE LAW.
Judges Give Their Ideas of the Matter

divorce complaints were subject TO public
inspection, / think a great many OF them
who contemplate securing divorce would
patch up their matrimonial differences
rather than bring suit for divorce and have
their troubles publicly discussed In the
newspapers and among personal friends.
Il have always opposed the trial OF
divorce cases behind closed doors. except
in eases where the evidence to be adduced
was of a character unfit for the public ear.
| am in favor of public trials except In
cases of such description.
"1here is TO question that the present
system Of securing divorces is being greatly
abused The remedy, however, lies not
with the courts, but with the people them.
selves.
many people. If they
would stop and think FeDer but
mere than they do there
might not be so many happier
marriages. but L am
certain that the number marriages AQUA
Of divorce suits would
be greatly diminished De oettef'
For the good of society
and the preservation of the institution OF
marriage | consider that fewer marriages,
provided they be happy ones, Would De
better.
But there is no law TO stop ill-assorted
marriages, and | can see no way, thera-
fore. of preventing them. Hence the result
will be divorce suits to a greater or lesser
extent.
The propositions of marriage and divorce
have been written to death, as you news
paper men say, without any plan having
been evolved to remedy the present condl-
ton Of affairs. In one of the Southern
States there is no divorce law and the re-
suit is a system Of cOncubinage incidentally
more disastrous TO the welfare OF society
than if divorce mill was in constant opera
ton.
Il confess do not know how to prevent
people from suing for divorce after they
have made up their minds to do so. 1t Is
riddle that even the wisdom II Socrates
could not unraVel. Nearly 800 divorces In
this city in one year is record which
should cause people 10 reflect. for there Is
something decidedly wrong somewhere"
publicity in divorce proceedings might
have one good effect" said Judge Sander
son; ''Ibat of doing away with chaTlatanlsm
among attorneys who advertise to secure
divorces with secrecy and dispatch.
81 am satisfied that great many people
who fancy their matrimonial lot IS lnsnp-
portable ara induced to secure divorces be-
cause they are told tue law insures them
perfect secrecy.
People as a rule do not care to have their
priv ate affairs commented upon by the pub
lie Every person is more or less sensitive,
and were lie assured that the general public
would be afforded an opportunity of gloat-
ing over his real or fancied miSfortunes,
doubt If he would rush into court unad
visedly.
at is not the law which should be COM
plaiued of, but its abuses.
The abuses of For instance, the law
Stipulates that a divorce
the ldlg Is shalt be granted if suf1i-
cient evidence is adduced.
the trouble. Now, il couple agree to
separation and divorce,
H. &. IL, .
allows to 90 by default. This is clearly one
Of the abuses of the divorce law, for which
l at present see 10 remedy.
Il am opposed TO secrecy in divorce pro-
ceedings, but there are cases when 1t would
be preJudicial TO morality to have the public
admitted to the courtroom. However, this
ls matter in the discretion Of the court,
and it is presumed such discretion will be
wisely exercised at all times.
Il think revision OF the divorce law
would do 10 harm, for as time passes and
men grow wiser by experience there may be
faults which can be Temedied. 1t is a very
| important subject, and the more attention 1t
excites the better it will be. "
Judge Trout was not prepared to give an
! opinion on the question when accOSted by
the reporter. Viewing it from stand
/ point OF morals, he was forced to the con-
| clusiOn that the divorce evil was daily
becoming more threatening to the well
being OF society.
Correct the abuses consequent to mar
riage first" said he. and / believe the
abuses of the divorce law will adjust them
selves. Let US have more marriages
founded on true love, veneraton and re-
spect and the divorce courts will practically
close up from lack of business.
so long as people marry without due re-
Election, or the spirit 10 forbear when things
60 wrong, just so long will the divorce
court be a formidable institution.
L 1,s sri. frf ~ Tel 1T
| jury would have good effect in diminish
| ing the number that are annually brought.
| The law might be amended In that res pect
| with profit"