The Spokane press. [volume] (Spokane, Wash.) 1902-1939, 1905-01-11

the court stenographer prepare a
transcript of the testimony, serve a
torney, and that when the testimony
is authenticated by the trial judge
it be filed with the clerk of the SUI
preme court.
Preference to Criminal Causes.
II recommend also amendments re-
quiring that the supreme court shall
give preference to criminal causes in
it's assignment of cases pending be-
fore the court; that, If necessary,
civil cases give way for the immedi
ate hearing of criminal cases, when
transcript and briefs are on file; that
the time be lessened for the filing
Of briefs, and that no extension be
permitted by stipulation or order Of
the superior court, and only granted
by order of the supreme court.
Divorce Reform.
"Our courts are often subjected to
criticism, but in many instances I'M
justly, on account of the large num-
Der of DEGREES granted in divorce
cases. The fault, in my judgment, is
not with the courts but with the law
regulating the divorce system. The
courts are bound to respect the law
even If it's administration results in
the dissolution of the marriage con-
tract in multitudinous cases.
Rather than inaugurate a radical
change in the divorce system, 1 would
recommend that certain provisions be
strengthened and given life and vigor
by 1udicious amendments.
"A statute, continued from terri
torial days, requires the presence of
the county attorney to resist default
divorce cases. In making a bona fide
resistance this official is handicapped
and his service to the court mini
mixed as no authority or method is
prescribed by which he can compel
the attendance of witnesses to testify
in behalf of the absent defendant His
service, therefore, at the trial is lin
tied to the sole duty of cross exam
lining the applicant and his witnesses
If II was the intention of the legis-
lature to require the county attorney
TO resist undefended divorce cases in
a manner that a faithful official
would represent the best interests of
society, he should have an opportun-
ity Of conducting an intelligent de-
Tense by summoning witnesses to
testify to the facts in the case
ITO bring this about, the applicant
should be required to deposit such an
amount as the court may direct for
the payment of witness fees.
"Te law should he further amended
so as to permit the court to enter
an order requiring the attendance of
the plaintiff and the defendant at the
trial, if both parties are within the
jurisdiction of the court.
THE law defining the rule of evil
dence concerning the admission of
testimony of the husband or the wife
should be so modified as to permit
successful criminal prosecution to
follow trial in a divorce case in the
event that, from the testimony sub
mitted, the court or the prosecuting
attorney is satisfied that one or the
other of the parties has been guilty
of misdemeanor or felony.
1.-THE marriage relation is a solemn
and sacred contract. AS the family
is the unit of society and the state,
as the institution is destroyed or i'm
paired, TO that extent our highest
standard of civilization suffers.
s'E7nuAr nt, 60
crees would appear in our courts if
this body enacted a law making it a
felony or misdemeanor for a parent
to desert his child, or for a husband
to voluntarily desert and abandon his
wife, unless some reasonable ground
exists therefor. The one hundred and
fifty or more children committed to
the state reform school are there
largely by reason of the domestic
difficulties of their parents, who no
longer continue the marriage relation
or who have been separated by decree
of divorce and one or the other hay
ing remarked.
with these amendmepts, and an
additional one requiring the court to
enter a decree nisi at the time of the
trial and a complete decree of divorce
to follow at the expiration of a period
of not less than six months from the
date of trial so as to prevent abso-
lutely either party from remarrying
with third person after a decree of
divorce Is granted within such period,
l am of the opinion that fewer de-
erees of divorce will be granted in our
state, and you will have performed
an incstimahle service in protecting
the integrity of the marriage relation,
and in reducing the number of chill
dren suffering from lack of parental
care and attention, and In improving
generally the welfare Of society.
Court stenographers.
''rhe general demand In the SUI
perior courts of this state for the
services of court reporters has In
practice made them essential adjuncts
to the trial courts. The court re-
porters should he given an official
status and provision made regulating
| their fees and salaries. Their com.
| pensation. however should be derived
from the counties thew serve. collect.
: ed in part from fees paid by the lith
giants Under no circumstances Should
this expense be horne lay the state
THE rules Of evidence should be
SO modified AZ to permit the stenoe.
? RoT -. %