The Providence news. (Providence [R.I.]) 1891-1906, 1902-09-03
New Law Went Into Effect In
New York Yesterday.
LAWYERS THE ONES AFFECTED
No Longer Can Thsy Lure The Public By
Advertisements Bogus DEGREES Are
Nov Made Impossible.

New York, Sept S-"Talking about
changes in the divorce laws of this state,
said Lawyer A. H. Hummel yesterday,
s'there went into effect Monday law
which. in my Judgment, is destined TO
promote more genuine reform In htga-
fion arising out OF martial difficulties
than any single measure that has been
placed upon the statute books for many
years and which will go a very long way
toward minimizing the number OF fraud
ulent divorces that have for so long
time disgraced this state.
II would almost wager" continued Mr..
Hummel. that OF every thousand law
yers In this state 500 OF them are In alb
solute ignorance that such law was
passed by the last Legislature and met
with the approval OF the governor. ana
as for the general public IL is undoubted-
ly ignorant of the measure.
yet this bill forms chapter 2OS or the
Laws OF 1902, and is entitled An Act 10
Amend the Penal Code In Relation TO
Advertisements TO Procure Divorces,
and amends the penal code by inserting a
new section TO be known as l43A. ana
which provides:
Whoever prints. publishes, distrib-
utes or circulates, or causes to be print
cd. published distributed or circulated
any circular. pamphlet, card. handful.
advertisement. printed paper. book.
newspaper or notice OF any kind Offering
TO procure or 10 aid In procuring any d.
vorce, or the severance, dissolution or
annument of any marriage, or Offering
TO engage appear or act as attorney or
counsel In any sui, for alimony or d.
vorce, or the severance. dissolution or an
nuiment of any marriage. either In this
state or elsewhere. is guilty OF misde-
meanor. This act shall not apply TO the
printing or publishing of any notice or
advisement required or authorized by any
law OF this state.
This law shall take effect on Sept.
!, 1902 .
''The penalty for violation OF the new
law Is fixed at a fine Of $500 or one years
imprisonment In the penitentiary, or
both. at the discretion OF the presiding
Justice.
NECESSITY FOR THE LAW.
'.Ths necessity for the enactment of
such a law is evidenced by the case OF
Richard Price. a lawyer OF this city.
who on July 16 OF this year was convict
ed before Judge Neuberger and sentenced
to three years and nine months imprison-
ment for having defrauded Elizabeth
Rhohleder out OF $50 by obtaining for
her a bogus decree OF divorce" continued
Mr. Hummel "In this case Price gave
her a decree under an alleged seal OF the
supreme court Price claimed 10 have
paid SIS to the court clerk. SIS to the
Judges clerk and SIS to put the case on
the calendar.
'sThe matter was called TO the atten-
tion OF Justice Truax, OF the supreme
court. who was n witness In the case 10
establish the fact that he had never
signed the decree.
Price was only one Of n number of
men who before this law was passed were
in the habit OF putting advertisements In
the papers. concocted In such a manner
as to gull ignorant people into an idea
that by the payment OF small sum OF
money divorce without publicity could
be secured
THE rule of this department Cthe First
judicial Department. is that no case
which is not defended shall be tried be-
fore a referee. not alone as a precaution
against any imposition on the court, but
TO properly warn the defending party
that proceedings affecting the martial
state are being taken In court
DIVORCES PROCURED BY FRAUD.
Before these cases were tried in the
open II was an easy matter for a dummy
defendant TO be served with legitimate le-
gal papers. or course. the dummy de-
fendant would not interpose an answer.
the case would be sent to a referee. and
the entire court proceedings would be 30
accurate that a man or a woman might
be legally divorced without ever having
been served with the papers.
The passage OF this law forbidding
advertisements means that the poorer
classes who are lured along by specious
promises OF non-publicity will be In
greater measure protected.
I'm the case OF Price and 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 seals such
as one sees on the stage Hundreds OF
such false papers were unearthed and
those who thought they were judicialiy
separated found themselves bound as
tightly ss ever. All these revelations led
70 the passage Of this new law"
SAYS Law IS UNCONSTITUTIONAL.
George Robinson. a lawyer. at % Mas
Oau street who for many years has had
On extensive divorce practice and has
IN connection Herewith advertised widely.
when asked yesterday by a reporter as
- tie effect OF the new law replied
The Law IL clearly unconstitutional
q II legislation In restraint OF trade n
any lawyer wishes TO test the new law
he will no doubt have the court OF ap-
peals decide that II Is unconstitutional.
"Nevertheless. think the passage and
enactment OF this law is n good thing
for the community for the reason that
there are thousands OF unscrupulous
lawyers In the state OF New York who
start divorce suits on the slightest pre-
text and without the slightest idea OF
being successful. procure money from
their clients by giving them false hopes
Of their ability 20 release them from the
marital bonds. and In the end never bring
the oase TO trial for the reason that they
know that when the case does come up
Or trial they cannot possibly succeed.
There is not the slightest doubt in
~ mind that the new law will put an
snd 20 the fraudulent divorces that have
been procured In the state Of New York
~ the thousand every year"