New-York tribune., 1901-02-25
BILL HACKED TO PIECES.
ANTIDIvORCE MILL MEASURE SHORN
OF ALL USEFULNESS.
LAWYERS OBJECT TO PROVISION TO DO
AWAY WITH REFEREES-ONLY NEW
YORK CITY LEFT.
YORK CITY LEFT.

YORK CITY LEFT
Albany. Feb. q (speciaD-In direct antagonism
TO the Governors recommendations as outlined in
his message, certain Republican members Of the
Assembly are seeking TO kill the Bennett Divorce
bill, which intended 70 prevent fraudulent
divorces by aboshing referee hearings in the trial
OF such cases. The work OF slaughtering the
measure is 10 be accomplished by amendments
Thus far the bill has been amended three times. so
to almost wholly emasculate its provisions. AS
If encouraged with their success these members
are planning kill what little life is left in the
measure tomorrow night by striking out its
acting clause. Judging from what has been done,
II is to predict that they viii carry their
plan unless prohibitive order comes from the
Executive Chamber
This Dill, which appears to have stirred up the
especial ire Of some members OF the legal fra
ternity IN the Assembly was introduced by Assem-
olyman Bennett, Of the XXIst District. Nev-York.
II was the direct outcome OF the we'll known
divorce mill scandal which was unearthed in that
city early in the winter and from which testimony
was adduced to show that divorces were turned
out ike tailor made clothes by means of fake"
witnesses such iniquitous practices it was found
hac long hour1shed for the reason that they had
been protected from public inquiry and exposure
by means or the present law, which provides that
the court may appoint referees in the trial of
divorce cases where all persons other than the
referee. the immediate parties concerned and their
coursel and witnesses are excluded An investica-
Attorney n Erhr
halr dozen or more OF so-caIIed legal firms"
which made the procurement OF divorce cases their
Speciality These firms not only furnished law
yers 10 tTy the cases. but witnesses as well.
GOVERNOR PUT IT IN MESSAGE.
The facts brought to light by these exposures so
impressed the mind of Governor Odeil with the
need Of remedial Legislation that in the great crush
OF public questions which he canvassed in pre-
pairing his message to the Legislature, he never
al
amending the divorce law OF the State
MT Bennett had framed his bill he says before
Governor Odells message was made public. As
soon as he learned the Governors recommended
ton Mr. Bennett conferred with him and showed
him the Bill he purposed TO Introduce.
7 approve or this measure with all nv heart"
the Governor is quoted as saying 1T follows cut
my ideas exactly"
Ihe Bennett bill IS an amendment Of Section
Ln2, or the Code Of Civil Procedure by adding
thls sentence: "A reference shall not be granted
IN an action for absolute divorce The bill was
referred 10 the Committee on Codes o. which M-
Weekes OF New-York is chairman
As soon as the Introduction OF the measure waa
known there was great deal Of talk about it be
tween some OF the lawyer members Of the LeEts-
latu-e-
This will never DO" said one membe- such
Dill VIII cut down my income one-third. About the
easiest and fattest fees have come from serving
as referee IN divorce cases"
Letters also poured in on many members from
the large cities which written by constit,l-
ents who were lawyers and enjoyed specially re-
ILneTalFe practice referees IN divorce cases
ne lrsl dow struck ar the bill vas IN The COM
.Ill.L-r Al nearing the OH Assem- r,--7rau
: W smith, OF Columbia County. asked rra- mo
trlct. which ne said. was su4rselv settled 20
nave divorce mills, and chat IL would rluusstb.e
tof parties u such case 20 travel 10 Albany 10
have me case tried ia omen court Then there we're
40 special terms ot the court. which would work
further hardship The biIl was accord!rvlv amend
&c 70 exclude The Third Judicial District.
WESTERN CITIES EXEMPTED
When the bill had been reported from commit
tee Il was attacked IN the Assembly by Merton E
Lewis. Of Rochester. who offered an amendment
excluding the judicial districts which include the
counties OF the part OF the state. and the
cities OF Buffalo. Rochester and Syracuse. where
divorce mills have been discovered. M Lewis gave
as reason -Or his amendment that divorces should
not be aired in open court. because much aired
before the public which was UNIT ror publication
TIE amendment adopted.
When the bill came back reprinted Assemhivman
Morgan, or Kings County, moved 10 exclude the
Second judicial District, including Kings County
and Long Island. This amendment also a C.
ceptet. The bill is amended so as 10 exclude
all but the First District which only embraces the
county Of New-EOrk- When The bil comes up
that this county VIII also be excluded, thus rem
dering the bin void.
Assembyman Bennett. IN speaking OF the fate OF
the measure, said to-day.
There is foundation 10 the argument that
divorce cases cannot be tried IN open court be-
cause Of the publicity attending them. The law
provides that the court may exclude all per
sons from the courtroom whom he may think
killed by. those whose legal practices would be
curtaied nv IFS enactment