Ellsworth American. [volume] (Ellsworth, Me.) 1855-current, 1906-07-04
THE DIVORCE EVIL.
Is there Need of More Publicity = Is
the Law Laxf

there need OF more stringent legislation
10 reduce the number of legal separations,
or does the remedy lie in more search
ing investigation into the facts and cir
euustsnce attending application 10 the
courts for annulment OF the marriage
vows? Are our judges too ienions IN
granting divorces9 These, and other sim
liar questions, are being asked by clergy
men, attorneys OF the better class and
standing IN the legal profession ana by
laymen, who believe that the divine pre-
not man put asunder should oe more
strongly supported by people ana by the
courts.
That there is law enough ON the statute
books OF Maine, II the true Facts can ne
obtained and the law Is rightly sppiieu, y
beyond question. The law there' ont
shrewd members OF the legal profession
with INSCRIPTIONS clients, often are aoie
to so state faces, or distorted iActs' IN saeh
a banner that even old and experienced
members OF she bench do not get 81 the
bottom OF the cases before them.
Pepcbscot county, holding civh terms
OF the supreme court In January, Apru
and October, may be taken as an example
of the growing evil, and Penopseot county
is no different from other counties IN tine
state which have proportionste numoer
OF cases. Each term OF the supreme
court in this county sees from thirty to
fifty divorces granted in which applicants
have been able to satisfy the courts OF the
justice oil their cases.
One great evil, and perhaps the greatest
evil of all. In the process OF the divorce
mill, is that in large percentage OF cases
divorce proceedings are not contested.
The court hears only one side OF the case.
Divorce proceedings are, from their nature
equity cases. Unlike regular proceedings
in court, the non-appearance OF the hbeiiee
and his failure to answer TO the summons
does not default the case to the hbellant.
BY the non-sppearsnce OF the iibeiiee,
tae allegations, OF which be or she is fur
nished with copy. arc not presumed to
be true by the court. The libcliant must
prove the truth OF the allegations In the
libel for divorce, and before the court can
grant divorce they must be proven ss
such that the acts complained OF are such |
as 20 entitle the iibeliant to divorce un-
der the statute.
The discussion OF the divorce question
has done much in the way OF reform.
Judges in most states are giving more
thought to the question and the result is
more searching inquiry into cases which
come before them, but there Is yet vast
room for improvement, In the opinion of
those interested in the question.
1t was at recent term OF court in
Maine that one of the honorable justices
gave notice at the beginning OF the term
that he would not hear any divorce libeis
until after the other business OF the court
was finished, giving as the reason, that he
could not give them his fall mind and
attention which be deemed necessary
while considering the other matters OF the
term. His action met with the approval
of many who are interested in the guess
ton. 1t has been claimed that our
method of hearing divorce proceedings.
of rushing cases in at times when there is
nothing foG the juries to do, is not such as
to yield the best efforts from the minds of
our justices.
A sensation which has been made BY
learned Maine lawyer and which seems
plausible rs that the statute should be
strengthened in that a stronger effort
should be made to get iibellees into court
and give the presiding Justice an opportu-
nifty to question both PARTIES in the case.
IL il his idea that proceedings should not
end it'll the service OF the libel ON the
offending party, but that the summons
should be made that he appear in court
as though he we're cIassed as a witness In
the case, and that the proceedings should
not be terminated until he be brought
into court or il was shown that ii was inn
r.ossibIe to get service of official notice on
him, as is required when the residence OF
the libellee is unknown to the libelant.
In this way. il is claimed. the true facts
of marital unhappiness would be laid bare