Omaha daily bee., 1903-01-07
JUDGES SUGGEST NEW LAWS
Report Of Judicial Administration Commit
tee Of State Bar Association.
RECOMMENDS DISTRICT ATTORNEY PLAN
Number of Changes I'm Civil
Procedure In Divorce Cases, the
Principal object being
TO CurtaiI Fraud.

Following Is the substance OF the report
70 be submitted by the committee on judi
cial administration at the annual meeting
OF the Nebraska State Bar association IN
Omaha Thursday and Friday. The commit
tee includes Judge Charles b. Letton OF
Fairbury. chairman; Judge I. F. Baxter OF
Omaha, Judge B. +. Good Of Wahoo, Judge
H. NJ. Grimes Of North Platte and Judge E.
p. Holmes of Lincoln.
in the matter Of the officers charged
with the duty of criminal prosecution your
committee recommends a return IN come
respects to the old method OF prosecution
by district attorneys, retaining, however,
the manifest advantages OF the present
county attorney system. The purpose being
TO gain the experience, learning ana prOIeS-
eional ability as prosecutors In the smaller
counties of men who as matters now stand
will not accept the office OF county at
such an officer At the same time II Is
intended to retain the county attorney as
an appointive officer for the purpose OF
civil proceedings, advice to county officers
and IN criminal proceedings to attend TO
preliminary examinations, minor prosecu-
lions and to assist the dlstrlct attorney III
the trial Of criminals.
For District Attorneys.
The proposed legislation to comprehend
the following in substance; -
/. The election of a District attorney for
at the same time and for the same term
as district Judges. His quallflcatlOn 10 De
the same as district judges, and IN az
torney In the district at least hve years
prior to his election.
2. His duties shall be the prosecution OF
all ~offenses against the laws of this state
(cognizable I'm the district courD in MS
district. His salary TO be 5000 per annum,
3, The county attorneys shall thereafter
transact the civil business of their re-
spectiVe counties as heretofore, and when
requested by the district attorney shall at
tend preliminary examinations, hle com
plants and aid the district attorney In
Your ami further reports that in
its Judgment the law relating to the COM
mitment of offenders to the state Industrial
school should be amended to allow crimi-
nails under Is years of age TO be sent there
for crimes committed by them when over
70 those who commit crimes under that
age. We believe that the true principle
should be to avoid sending the young man
or boy to the penitentiary for his first
offense and that reform should be the main
object e, be sought Tor snd punishment
the prevention Of crime is more the duty
Of the state than it's punishment.
Your further a
change In divorce procedure with the OBJ
feet of preventing migratory and fraudu-
lent divorces.
Change for divorce Procedure.
The changes proposed are substantially
those recommended by the natlonal con,
ference of commissioners for promotne
uniformity of state laws and by the Ameri-
ran Bar association.
They provide that no divorce shall be
granted for any cause arising prior TO the
residence of the petitioner or defendant IN
this state, which was not a ground foi
divorce in the state where the cause arose
That no person shall be entitled TO Z
divorce for any cause arising In this state
who has not had actual residence in this
state for at least one year next before
bringing suit for divorce with a bona noe
intention of making this state his or hel
permanent home.
That no person shall be entitled to 2
divorce for any cause arising out of THU
state unless the petitioner or defendant
shall have resided within this state for a.
least two years next before bringing sui
for divorce with a bona hde intention o.
making this state his or her permanent
home.
That no person shall be entitled to 6
divorce unless the defendant shall hav'
been personally served with process, i
within this state, or with personal notice
duly authenticated, II out of this state, o.
unless the defendant shall have entered al
appearance in the case; but If II shall ap
pear to the satisfaction of the court tina
the petitioner does not know the address
nor the residence Of the defendant, an
has not been able to ascertain either, afte
reasonable and due inquiry and search con
tinued for one year, the court or judge II
ton Of the tendency of the petition 70
divorce, to De given in manner as pro
Vided in other cases under the code o
civil procedure, and that in cases wher
notice has been given by publication an
the defendant has not appeared the deere
shall not be final for six months afte
rendition.