The Saint Paul globe. (St. Paul, Minn.) 1896-1905, 1899-07-20
A NEW Law OFEICIAI.


A rather novel suggestion has proceed
ed from Judge Beekman, of the New
York supreme court, for preventing collu-
sion in divorce cases. A bill has been
prepared by the judge for introduce
ton in the legislature providing for the
creation of a judicial officer known as a
court attorney, whose duties are set forth
III the bill to be as follows:
It shall be the duty Of the court attor-
ney to attend all hearings had before
the supreme court in said department on
appllcauon for judgment in uncOntested
matrimonial actions, and, under the di-
Iectlon OF the Judge to take part in such
hearings, with power to cross-examine
witnesses, to subpoena witnesses on his
own behalf, and generally to present 9th
er proofs which may be competent to
show that the plaintiff is not entitled to
judgment, with the same force and effect
as II an answer had been interDosed in
the action denying the allegations of the
complaint.
The court may also authorize the court
attorney to intervene in any matrimonial
action, and may allow him to answer
setting up any defense, other than by
way Of counter claim, which a contestine
party in such an action might interDOse
The court attorney in all cases in
which he shall appear, shall in all mat
as If he were party to the action
Under the New York statute there is
but one ground for divorce recognized
and the courts are most rigid in the ex-
animation Of the proofs. Yet the record
of divorce business done in the CITY of
New York alone, during the season lust
closed, is positively appalling Many of
the cases are uncontested, and more or
less suspicion attaches to them as being
collusive Hence it is, no doubt, that
Judge Beel1man presents this remedy.
The court attorney is designed to dis
charge the functions of the officer known
in the English matrimonial courts IS
Queens proctor. Experience has shown
III England and elsewhere that the state
should be represented in cases Of this
character. It is not seldom that there is
perjury, subornation of perjury and fraud
of one kind or another practiced on the
court in many of those cases. Wherever
there is a suspicion of wrong-doing the
court attorney can apply to be heard in
the case. on behalf Of the state; and if
he shows reasonable ground for his ap-
plication it will be entertained.
'I have constantly felt" says judge
Beeknan, the need of assistance which
could only be supplied by an officer arm
ed with the authority which it is the OBJ
Ject OF the bill in question to confer Sus-
plclon OF fraud, perjury, suhOrnation of
perjury and collision at times arises, but
without sufficient basis upon the evidence
to justify the trial judge in throwing fine
case out of court. 1t is in just such cases
that the right to call into action the SER
vices Of an official investigator would be
Of the greatest importance
Whether the remedy of Judge Beck
man proves effective or not, it will al
least have a very healthfuI effect in New
York Those who are anxious by private
understanding to undo the bonds which
unite them as husbands or wives will
| realize, with such an officer in existence
| that that state is a very insecure place
in which to carry on their operations. II
would be a good thing for American So
| ciety If other states showed a small pro
portion Of the desire to afford it neces-
sary protection which is being extended
to it in New York with reference to the
| divorce evil.