The record-union., 1895-08-02

ana OF nome building, ana II Inc open
trial encourages any of these, court sta
tistics and records OF worldly experience
and the observation OF men of the world
have failed to establish it.
The law should not lend itself as an in
strument for the personal and ignoble
ends of a party to suit. IL more than
half of contested divorce cases there is,
upon one side or the other, manifested q
spirit of littleness, meanness and often of
indecency and malignity, and a desire to
shame, beIittle, punish and humiliate the
other party, and this through publicity.
To the forwarding of such a spirit the
rule Of the open door lends itself.
It was argued in an Iowa paper the
other day that the open trial deters appli-
cation for divorce because of the shame
and humiliation of it, and therefore it is
a oonservator of non-diVorce. But such
an argument it appears to us proves too
much or nothing. 1t is an admission of
the scandalous character of the open-door
proceeding, of the shame attaching TO the
parties. and therefore it is argued these
serve as lettering influences. But how
is it with those deferred who should have
relief? Does not such deterrent influence,
if there is any such thing. operate to their
injury, and chain them in misery that
the policy ofthe law permits to be severed
in the interest of morality and in defense
of the right of the injured and unoffend-
ing party?
Of course there is doctrine which
moves upon a high plane that the courts
of people should always be open; that
there should be no procedure not
open to the inspection of whomsoever
cares. And this is the rule, but like
other rules it has its exceptions, and
these are constantly manifest in orders
by courts TO close doors because of the
unsavory and demoralizing character of
the necessary proceedings. We would
carry this exception out TO logical full
ness and have the rule declare that all d.
inconseduential. are in the eye of the law
deemed demoralizing, scandalous and
Indecent exposure of family skeletons, in
which the public interest is best con-
served by secresy; that the shame may
be handled judiciously, without being
smeared over the entire community.
The honesty Of the courts, the fair ad-
miniStration of justice, the impartial
character of tie prooeedings-these are
not specially conserved by the presence
OF crowd of on-lookers, or corps of
sensational reporters. To say that they
are is to assume that without such checks
the courts are not to be trusted. The law
already requires that the records of d.
vorce cases and trials shall be sealed up,
and not be laid open except by order of
court Legislative wisdom has justified
that law. But it is farcical, so long as the
making of the record is done III public.
1t matters less what is done with washed
linen, but it matters more whether it is
washed in public or in private.
Ii publicity OF trial is so very desirable
there should be provision for the publ
cation of all divorce trials. whether in
court or before referee where testimony
is taken by deposition or by reference to
a commissioners. But as matter of fact,
as everyone is aware of seven out of
ten of all divorces granted the public
knows nothing, further than conveyed in
the line or two in court reports in the
daily press, that Jane was yesterday
granted a divorce from John on the
ground of cruelty, etc.
1t is only when there is opportunity for
the longing tongue TO roll over the
disgusting tales OF amours, or fatten
upon frailties: only when the morbid
taste can be feasted upon the shameful ac-
count of cruelty, starvation, desertion or
inhumanity; or when wealth and glitter.
and fashionable people and celebrities
and those made consequential because of
no special virtue beyond the purse, or The
stage-it is only in these cases that the
demand goes up for the open door. Blu.
thousands of divorce cases grind through
the courts weekly and there is no atten-
ton paid TO them, neither by the gaping
multitude nor the libidinous press. In
deed, there is not even murmur OF pro-
test against the fact that seven out of ten
divorce cases are tried on paper and the
/ decree entered with so little publicity.
/ that not half the spectators in the court
room know what is going on between the