Omaha daily bee., 1905-07-05
DIVORCE EASY IN NEBRASKA
Judge Sutton Thinks the Law Allows Too
Many Grounds,
DIVORCES SANE DAY PETITION IS FILED
one Hundred and Forty-Four DEGREES
Granted by Three Equity Judges
in Douglas County since
January 1.
DIVORCES SAME DAY PETITION IS FILED

Omaha's divorce colony, or aggregation,
is not so conspicuous in the public mind as
the one for which Sioux Falls is noted
throughout the country. Omaha, Of course,
is an eminently respectable and highly CON
servative city, In a social sense, and the
hocking here Of disconnected butterflies and
maritaly ennuled male citizens would not
be welcomed or encouraged. Yet 1t Is
doubtful il even Sioux Falls can show the
divorce record year in and year out that
the three equity courts of Douglas county
make. And it must be remembered that
the divorce mill ceases to grind during va
cation. No divorce cases are considered
during July, August and September.
1t is not an uncommon thing for pc
tition to be filed and the divorce granted
tho same day. This has occurred at least
twice within the past four weeks. In each
case there seemed to be nothing for the
Judge to do but to grant a decree. The
first case was that of an editor of
country paper in Iowa against whom his
wife filed n petition. The title OF the case
was Harriet r. J. Hughes against Alonzo
p. The petitioner was a widow when
Hughes married her in June, 1901, and
has at least one grown child. She loaned
him at different times money to the amount
OF 900. He would be engaged at his print
Ing once IN iowa ali week anu WOulu come
to Omaha only on Saturday to stay over
Sunday. OF the money loaned the wife
succeeded In getting back $500, then sued for
divorce on the ground OF desertion. Hughes
waived service Of the complaint and en-
tered a voluntary appearance on the day
the petition was filed. Judge Sears heard
the testimony the same day and granted
the divorce, at the same time ordering
the defendant to pay to his divorced wife
500 in installments.
Beecher Case n Swift One.
The most most recent case of quick action
was on the petition OF Theodore Beecher
against Mary. This petition was filed in
district court on June q and Mrs Beecher
waived service and entered a voluntary
personal appearance on the same day. In
a few hours Theodore Beecher was again
free man. He is a saloon keeper at 1882
Sherman avenue and his charges against
the woman, whom he married at Council
Bluffs, in December, 1895 were substan-
tiated TO that extent which warranted the
granting of a decree by Judge Sears.
In both these cases the court was pre-
scented with what he deemed sufficient
reasons for the hurry-up work done, and
the waiver of service and voluntary ap-
pearance brought the parties into court
at once.
Since January /, 1906, Judge Sears has
granted eighty-two divorces, Judge Sutton
has granted freedom to forty-nine petition
and Judge Troup has made thirteen APP
picants more or less happy. great many
cases carried over from last year were dis
missed for want of prosecution, and a few
petitions have been denied goodly pro-
portion of the DEGREES has been granted
through default of defendants many of
whom are non-rosidents
Judge sutton'E views.
Discussing the divorce work of the courts
from personal experience, Judge sutton
said:
This is a matter that is engaging the
attention of students of sociology every
where. and in Nebraska It presents about
the same features presume as elsewhere
have no doubt that some people come
here with the set purpose of securing a di-
vorce. Where we can be at all certain that
this is so the judges exercise all the care
possible under the law to ascertain the
facts. Only recently a case in my court was
reported in The Bee wherein the husband
sought 70 secure a divorce on the ground
of cruelty and desertion. The wife was
said to be living in st. Louis and after
hearing the plaintiffs testimony l ordered
that personal notice be served on the wife
This being done, she at once put in an
answer setting up allegations which caused
the plaintiff to withdraw his suit, practi-
cally. This cannot always be done. but
where it can the courts exercise as wide a
discretion as they can.
Il have in mind another case before me
the past week which is typical OF a good
many, A wife was suing her husband for
divorce on the ground of failure to prop
erly support her. Questioning developed the
the fact to be that the husband is getting
q salary Of $5 a month, from which he re-
tained about SIS for his own purposes
clothing. tobacco and things of that kind
The salary is small and the wife was not
getting much money. 1t is true, but the
man was giving her all he could every pay
day and 1 denied her petition.
Cause and Remedy.
Most of our divorce cases, as nearly as
can figure It out. are the result of this
condition Of affairs: A young man gets
married, he at the time holding a fairly
good job. The couple buys household fur
niture on the installment plan and as Ions
as the husband has work they get along all
right Then comes a day when the position
is lost and soon the money question be-
comes the most important in that house
hold. Discomfort is not long is developing