The morning call. [volume] (San Francisco [Calif.]) 1878-1895, 1893-01-18

is the record of San Francisco for the past
fiscal year
That would not indicate that marriage as
an institution is a brilliant success.
Just think of it-more than two divorces
on an average for every day in the year In
proportion to population there are more d.
vorceS granted annually in this city than in
Chicago.
Yet We have no reason to feel proud.
What is the principal cause of this whole
sale seyeTing Of the marital bonds?
1t is this in word: There is too much
secrecy allowed by law in divorce proceed
ing. People who are dissatisfied with their
matrimonial lot and anxious TO be free
again rush into court with their grievances
and divorce is granted and the party IS
free to marry again Ii he Of she chooses. 1t
is Only 10 exceptional eases where the per-
sons implicated are well known to the pub
lie that the proceedings are published in
the press.
Hundreds of divorces are secured on the
sly, for there is a provision in the law
which requires that all the papers in the
case shall be sealed up. and remain secret
In the Office of the Couuty Clerk. Most
people who are looking for divorce know
this, and confident that their troubles Will
not be made public they prepare their
cases, 90 into court and emerge decree in
hand and perhaps are married again before
most Of their friends are even aware that
divorce has been previously granted.
Would publicity have a tendency to lessen
the annual number of div0rces2
This was the question asked Of number
Of Judges by a CALL reporter.
Il am satisfied that the fear Of publicity
g.
seeking the divorce courts, said Judge
WSiter Levy. Certain provisions of the
statute. particularly that which requires
that papers in divorce proceedings shall be
sealed up and their contents kept secret,
Should be repealed without delay. l also
think that Judges should be deprived O the
power to try divorce cases behind closed
doors merely because secrecy IS desired by
the plaintiff In tie action.
THE divorce law of California is geneT-
ally unsatisfactory in its
The d;rorco operations. and the ease
with which dissatisfied
lam of persons may secure di-
vorces is well known to
California is every lawyer
Il have granted many
unsatisfactory. divorces in cases where
was satisfied there was
collision between the parties, but had no
judicial knowledge thereof and under the
law and evidence / was compelled TO order
the decree Of divorce.
Another greateyil is the question Of resi-
denc e. The law requires that persons suing
for divorce shall have resided in this city
and county one year. Many persons who
cannot obtain divorces In Eastern States
come 10 San Francisco, live here one year,
and then secure divorce on the ground of
desertiou and failure to provide. In nearly
all of these cases default DEGREES are en-
tered.
1.-THE law should be changed so as to
require q residence of two years In this city.
This would prevent many persons from
taking up their residence here for the sole
purpose of obtaining divorce.
Il would like to see the divorce law of
Georgia noperation here, continuek Judge
Levy. Under its provisions defendants
are allowed six months in which TO file an
answer to the complaint, instead of ten
days, as IS the case under the California
law.
''If the answer is not presented on time
the District Attorney examines all the wit
nes3es the same as in criminal eases before
jury. When the jury returns verdict the
case is Immediately tried before a second
jury. If the verdict is the same Ia both in
stances the decree is ordered entered by the
court.
This system of trying divorce cases be-
fore two separate juries which shall render
concurrent veTdicts had the result, TO my
knowledge, of reducing the number OF di-
''ln this city divorces may lie obtained too
easily under the law. The promise of
secrecy held out by certain attorneys causes
many persons 10 sue for divorce. when, If
they were satisfied that their troubles and
shame would become subjects for general
gossip they would hesitate long before rush
ing into court and, perhaps, would never
do so.
THE marital relations of couples are
entered upon in many
cases without reflection The n, l,y,;,,o
or merely TO CRAFTY mo-
mentary desires. The re- relations
suit is diseOrd and the
divorce court within a often entered
few months after mar
rage Such a condition upon tClttOUt
of affairs certainly threat
en- the very foundations reflection.
Of society, and something
should be done to remedy matters II the
sanctitv aud responsibilities OF home life
shall be preserved"
Ex-Justice OF the Peace Charles A Low
has oficiated at dozens of marriages in the
past :wo years and. oddly enough, In
several instances mis- services were brought
into TeQnisiti0n to bring suits TO dissolve
the very bonds which lie had oflclally tied
some months previously.
Il consider the proposition Of divorce as
a very serious one" said he, redectlvely.
There are too many OF them in San Fran
cisco, but / doubt If the fullest publicity
given 70 TIE proceed ms WOutu Hdke Leu-
dency TO lessen divorces.
There are many instances in which pub
LEFTY would be an undeniaple hardship and
therefore wrong. Yet in the majority Of
cases publicity might have good effect in
deterring others from following similar
course.
1.-THE trouble is not so much with the law
as with the people themselves. Forty pei
cent of those who marry do so without Civ
ing a single thought to the responsibilities
aud duties the marriage state entails.
This Is particularly true among the
Americans. Among other nationalites, the
German. French. Spanish and Swedes,
divorces are a rarity. The American men
and women have a high-strung sensitive
nature utterly unlike that of representa-
tives Of any other nation. They have not
the capacity to suffer uneomplainingly the
consequences of misstep, especially that OF
marriage, and If things do not go as was eX-
pected, matters finally drift into the divorce
courts for settlement.
las indicating what l mean when / say
that many people determine upon matTi-
mony as a relation which nan be broken
like any other civil contract il need be,
will relate one instance that came under
my observation.
"A woman come into my Office one day
and requested my services, saying that she
wanted to be married. As she was alone
asked her where the groom was.
oh, answered she. hes getting the
marriage license. He will be here soon.'
I'VE waited, but 40 groom came. An
hour passed away, and finally the young
lady arose and said uneoncernedly:
~ guess he's given it up. Well, no mat
ter; he didn't amount to much after ALL
''She left my courtroom with smile, and
on the following day returned again accom-
panied by dudish looking youth, whose
sallow complexion indicated the opium
fend
"'Ah,' said l. you are back again. You
found him presume? pointed at the dud-
isb young man,
ION, no. replied she, with laugh, this
is another one of my friends. and I'm going
TO marry him.
That's what murmured the young
groom in husky voice
''ID ten minutes 7 had wedded that con nlf