New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1899-04-30
A PROTEST AND SUGGESTION
SOME QUESTIONS REGARDING DIVORCE. RE-
MARRIAGE AND THE CRIMINAL CODE
REFERRED TO MR. GARDINER

To the Editor of The Tribune.
Sir: The newspapers to-day make reference
TO decision OF the Supreme Court OF this State
In certain divorce proceeding, one part Of the
said decision of said Court being in these words
And 1t is further ordered adjudged and de-
creed that it shall be lawful for the said plaintiff
to marry again In the same manner IS
dead. But II shall not be lawful for the sa
defendant to marry again until the said
plaintiff is actually dead.
The same papers then show how the said de-
PENDANT Immediately went into an adjoining
State and married again. The evident intent OF
the said defendant and her husband" is TO
take up their domicile in the State OF New-York
in which the Supreme Court has ordered that
such marriage shall not be tolerated
1t seems to me that this is a fragrant instance
OF disregard Of law and of solemn judicial pro-
ceedngs. The prominent notice which has been
given to this matter is liable TO have most de-
plorable effects for the masses are apt to follow
their leaders In matters such these as they
follow them in other respects. The principal
difficulty which has been met with in ad-
ministration has been the growing tendency Of
the masses to give less and less regard to judi
cial determinations. You will remember that in
the matter Of the enforcement Of excise laws this
difficulty was frequently commented upon The
bribery Of police officers by saloonkeepers the
power which disorderly persons in other lines
exercised through the willingness OF officers In
sundry departments to disregard law for a cash
consideration all had the tendency to lower the
moral position Of this community. The very fact
that in recent elections the law-abiding citizens
were frequently outvoted by those who snarted
under previous enforcement Of the laws and
ordinances. shows the danger which are
gradually approaching II, therefore, those who
are looked upon as leaders Of society, leaders in
politics, leaders in business affairs defy the
mandates Of our courts in so fragrant and in
decent a manner the result will be that others
will do likewise and that the foundation Of the
State-the family-wi cease to be secure.
In this connection l call your attention to GER
tain provisions of the Criminal Code which
seem TO meet the case TO which make refer
ence
Section 16 reads as follows:
The following persons are liable to punish
> A person who, being out Of the State, and
with intent to cause within 1t a result contrary
to the laws OF this State, does act which in
It's natural and usual course results In an act
effect contrary to its laws
Sec 29S. person who, having husband
or wife living. marries another person, is guilty
or DgamY ana is punlsnaDle by imprisonment III
the penitentary State prison for not more
than five years.
Sec 900 The last section does not extend to)
a person whose former marriage has been pro-
nounced void or annued or dissolved by the
judgment OF court Of competent Jurisdiction.
for a cause other than his or her adultery
Sec. 3O1. person who knowingly enters into
a marriage with another which is prohibited to
the latter by the foregoing provisions Of this
chapter is punishable by Imprisonment in
penitentiary or State prison for not more than
five years or by a fine OF not more than $1,000.
both.
You will observe that the aforementioned sec
ton refers to the person who marries 10
whom, under the laws Of this State. the right to
marry has been specially refused It seems 10
me that the authorities appointed or elected 10
look to the due enforcement of the laws and TO
the suppression of crime should find it their
duty TO proceed to enforce the law in cases such
as have above indicated. and that these cases
are more important and Of more far-reaching
consequence than matters involving educational
or other mastodons.
address this letter to your honorable paper
because ever since have known 1t it has cham
pioned the cause Of public morality without re-
gard 70 party. interest or the personalities in
volved. ARTHUR Won BRlESEN,
President Of the Legal Aid Society.
New-York April 20, 1899.