Evening journal., 1897-02-16
THE PooR MANS COURT.

legislative divorce by personswho know
little or nothing about 1t that 1t would
not be amiss to make a general COM
parison Of the legislative and court sys-
TENS, both of which are now in force
in this state, but one Of which, the for
mer the Constitutional Convention
proposes to do away with.
No one will deny that in the matter
OF divorce the Legislature is the court
OF tho poor man and the poor woman.
All chat it costs to get legislative di-
vorce is the advertising Of the notice Of
intention to apply, which is not more
than SO; about IS for the drafting of
the bill and $40 for a certified copy of
the act together with car fare for prin-
cipal and witnesses to and from Dover,
and entertainment for one meal at one
Of the hotels there. A lawyer is not
absolutely necessary.
No one will deny that the expense
in court is from five to ten times as
great
Now as to the systems A person
wishing to procure a divorce in court
files his libel and gives public notice
OF the cause. At the proper time his
attorney, who does not work without
liberal fee appears before the court
and asks for the appointment.
fof such and such man
as commissioner to take testi-
mony and make an award. After sew
eral months the commissioner, fire.
..,,o,,+i,, a ,,1io,,, ,,,o,,,i,o,. 90 tlo lo,
makes a sealed return to the court. 1t
goes into the hands of the prothono-
tary and stays there until the attorney
for the plaintiff asks for publication of
the commissioners return, or, in other
words, the privilege of tearing open the
envelope and seeing, in black and
white. what the commissioner has to
say about the case. If there is a de-
fence set up the judges scrutinize the
return and sometimes reverse the IA
vorable finding, but that is seldom the
case. A few days after the ordering of
publication, the court hands down a de-
cree of divorce. Thus it will be seen
that in nine cases out of ten the merits
of the case are passed upon by one man
and he, in most cases, selected by the
attorney for the complainant.
In the Legislature Il is different The
first thing to do is to give public notice
in a newspaper for thirty days OF inten-
tion TO apply to the General Assembly
for bill of enforcement. Then send
the bill to some member for introduc-
tion. In a day or two it is given It's
second reading and referred. A time is
fixed for the hearing. The plaintiff and
his witnesses go before the Senate and
House committees, which sit jointly
The Senate committee consists Of three
members and the House committee OF
five members, or eight in ALL The
chairman asks series of set questions
which cover all the main points that
can possibly be involved, and after thai
each member is at liberty to question
and cross-question to his hearts con.
tent The examinations are thorough
in every particular After the testi
mony is in vote is taken as to the re
port to be made on the bill The bill il
reported by the chairman in accordance
with the result of that vote. When tn,
bill comes up for passage the chairman
OF the committee is subjected to inter
rogatories from the members. He ha
a brief Of the testimony and from tha
communicates to the House the natur
of the case. The vote is then taken
The same course is pursued in tn
Senat, and by the time a case ma
all rI,tt
it is much better ventilated than
could possibly be in the office of a com
missioner appointed by the court.
The number of applications made I
the General Assembly is large, but tina
is because many poor persons cannC
afford to take their cases into cour
II is safe to assert, however that tn
General Assembly turns down MOI
cases in proportion than the courts d,
When a friend of the court divorC
throws up the Andrews case TO tf
friend of the legislative divorce, it
only necessary to cite the Burke-Rocf
case to more than Offset it,
1t would be foolish to presume that
committee consisting of eight membe
and two houses consisting of thir
members are not just as competent
determine a common case of martial 4
felicity or infldelity as one young cor
missioner and three judges.
All "sassiety" is scandalized becau
the Goulds received no invitation
the Bradley Martin ball. Well, the on
thing for them to do is to give a bigg
one and slight the Bradley MartiI
They can do it, and still have sol
spending money left.
Lillian Russell has arisen to new he
ors. She recently sang on a Sunday
the inmates of the Tombs and was
warded by Editor Hearst. who print
testimonials the next day in his Jol
nal from a convicted fire-bug. mi
derer, thief and man convicted
criminal assault all Of whom hear q