The evening times., 1899-05-30
PROJECTING CORRESPONDENTS.
Gov. Roosevelt Signs the Amended
Divorce Statute.


Divorce Statute.
| New York, May 30.-After next August
| it will not be possible under the laws OF
the State of New York for a reckless or
inconsiderate plaintiff in a suit for divorce
| to drag into the case as correspondent any
person on whom Jealousy or suspicion may
fall without being held accountable for un-
founded accusations. Hereafter correspond
ents will not only have legal standing in
court and an opportunity to defend them
selves. but plaintiffs may be held legally
responsible for the costs involved.
Governor Roosevelt yesterday attached
his signature to the amended State divorce
Statute. For years prominent members Of
the bar had pointed out the anomalous
and helpless position of divorce correspond
ents under the existing law and had re-
peatedly urged reform. Recently public
attention was drawn to the matter by the
apparent injustice done to Miss Georgia
Cayvan in the suit of Mrs. Teall for divorce
from Oliver Sumner Teall. The name of
Miss Cayvan was dragged into the case
yet. although the implied charge fell to the
ground, she could not be represented by
any redress from her accuser.
The amended. section OF the law signed
by the governor follows:
I'm an action brought to obtain a divorce
the plaintiff or defendant may serve a copy
OF his pleadings on the correspondent
named therein. At any time within twen-
~ days after such service on said Core
spondent he may appear to defend such ac-
tion. so far as the issues affect said CORE
L, a.
then at any time before the entry of judg-
ment any correspondent named in any of
the pleadings shall have the right at any
time before the entry of the judgment to
appear either in person or by attorney in
said action and demand OF the plaintiffs
attorney copy OF the summons and COM
plant, which must be served within ten
days thereafter, and he may appear to de-
fend such action SO far as the issues affect
such correspondent. In case no one of the
allegations controverted by such CORE
spondent shall be proved. such correspond
ent shall be entitled to bill OF costs
against the person naming him as such CO.
respondent, which bill of costs shall consist
only of the sum now allowed by law as a
trial fee and disbursements, and such CO.
respondent shall be entitled to have an ex-
ecution issue for the collection of the
same"
NS6aioihS tne He" law, a. H. iUlHiuei
said yesterday:
There was great need for this amend
ment. for under the present law MANY
abuses crept in. and frequently gross and
ir,erarable injustice was done. An un-
duly suspicious husband might involve a
really guiltless person in a reckless series
of statutory charges. and the accused per-
son had no recourse TO plead. AS the law
stood it gave a correspondent no rights.
Now q correspondent. under this latest
enactment has the lawful right to be
served with copy of the charges. He also
has the privilege to retain counsel to cham
pion his purity and innocence.
The fact that correspondent. under
the amended law. can recover from plain
tiff a bill for costs is sure to have a de-
terrent effect upon the making OF reckless
charges The new provision is framed
after the modern English divorce law in
certain respects. but is not nearly so COM
plete. Under the English law an unjustly
accused correspondent can not only Iecov-
er costs from the plaintiff, but can also re-
cover damages"