The evening times. [volume] (Washington, D.C.) 1895-1902, 1902-09-01
new DIVORCE LAW
In NEW YORK Today
Lawyers Must Not Advertise
for Cases.
BLOW IS AIMED AT FRAUD
Intended to Correct Evils Now Existing
IN the Empire State-Lawyers Barred
From Soliciting Actions Through the
Newspapers.

]
NEW YORK, Sept. I.-'TaIking about
( changes in the divorce laws of this
State" said Lawyer 4 H HumneI to
day, there is a new law going into eff
/ feet today which, in my judg-
ment, is destined to promote more
tgenuine reform in litigation arising out
/ of marital difficulties than any single
measure that has been placed upon the
statute books for many years. and which
viii 90 Z very long way toward minim-
/ izing the number Of fraudulent divorces
that have for so long a time disgraced
this State.
7 would almost wager" continued
Mr.. Hummel, that Of every / 900 law
yers in this State ss9 Of them are in
absolute ignorance that such law was
! passed by the last Legislature and met
with the approval OF the governor, and
as for the general public it is undoubt-
! ediy ignorant Of the measure. Yet this
| biIl was passed and now becomes q law
( It forms chapter 203 Of the laws Of 1902.
and is entitled 'Aa Act TO Amend the
Penal Code in Relation TO Advertise
ment to Procure Divorces and amends
the penal code by Inserting q new sec
ton, to be KNOWN as 143A. and which
provides:
The New Law.
Whoever prints, publishes. distrib-
utes, or circulates. OF causes TO be
printed. published. distributed. or cfrcu,
lated, any circular. pamphlet. card.
handbill. advertisement. printed paper.
hook, newspaper, or notice OF any kind
Offering to procure or to aid in procur-
ing any divorce, or the severance. dis
solution or anuu!ment of any marriage,
or Offering to engage, appear or act as
attorney or counsel in any suit for ali
mony or divorce. or the severance. dis
solution or anuuIIaeat OF any marriage.
either in this State or elsewhere. is
guilty OF misdemeanor. This act shall
not apply to the printing and publishing
OF any notice or advertisement required
CT authorized By any law IF this state
This law shall take effect on Sep
tcmber 1, 1902 -
The penalty for q violation Of the new
years imprisonment in the penitentiary.
or both, at the discretion OF the presid-
ing justice
New Law Necessary.
The necessity for the enactment Of
such q law is evidenced ~ the case Of
Richard Price, a lawyer of this city.
who on July IS Of this year was con
Victed before Judge Neuberger and sen
fenced to three years and nine months
Imprisonment for having defrauded Eliz-
abeth Rohleder out of $3.50 by obtaining
for her bogus decree Of divorce" con
tinued Mr.. HummeI. In this case Price
gave her a decree under an alleged seal
Of the Supreme Court. Price claimed TO
have paid s25 to the court clerk. So TO
the judges clerk and s25 to put the case
on the calendar. The matter was call
/ ed TO the attention OF Justice Truax. OF
/ the supreme court, who was a witness IN
the case, to establish the fact that he
had never signed the decree
Price was only one Of a number OF
men who before this law was passed
were in the habit Of putting advertise
ments in the papers, conCocted in such
I a manner as TO gull ignorant people into
an idea that by the payment OF a small
| sum Of money a divorce without pub
LEFTY could be secured
The rule of this department (the
First judicial Department. is that no case
which is not defended shall be tried be-
fore a referee, not alone as a precau-'
ton against any imposition on the
court, but TO warn the defending party
that proceedings affecting the marital
state are being taken IL court
Dummy Defendants.
Before these cases 7gere tried in the
open it was an easy matter for a DUN
my defendant TO be served with Iegiti-
mate legal papers. OF course, the dunn
my defendant would not iGterpose an
answer, the case would &c sent to a
I referee ald the entire court proceed
ings would be so accurate that a man
OF a woman might lie & lily divorced
without ever having be-. served with
The papers.
The passage of this la forbidding
advers isements means thE the poorer
classes who are lured along by specious
promises OF non-publicity VIII be IN
greater measure protected.
In the case OF Price anu other mem
/ bers of what is known as the divorce
grist mill all that was returned for the
money of which they swindled the poor
was q formidable looking legal docu-
ment full Of green and red ;eaIs such
as one sees on the stage Hundreds OF
such false papers were Unearthed and
those who thought they were judiCtaIIy
separated found themselves bound as
tightly as ever All these revelations
led 10 the passage Of this new law
Unconstitutional But Good
George Robinson, a lawyer at No
80 Nassau Street. who for many years
has had an extensive divorce practice
and has in connection Herewith adver-
tised widely. when asked By reporter
as to the effect Of the new law re-
piled;
The law is clearly unconstitutional;
il is legislation in restraint OF trade II
any lawyer wishes TO test the new. law
he will no doubt have the court OF ap-
peals decide that 1t is unconstitutional
Nevertheless. I think the passage
and enactment OF this law is 4 good
thing for the community for the reason
that there are thousands OF unscrupu-
Ious lawyers in the State of New York
who start divorce suits on the slight
est pretext and without the slightest