Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1906-07-13
FOR DIVORCE REFORM
State Bar Association Adopts
Resolutions For Change
in Law
STOP DIVORCE BY CONSENT
Also Would Have Persons Committing
Perjury in Effort to Secure Divorce
Prosecuted Other Reforms Rec
commended by the Lawyers Now in
Session at Des Moines.
special to Times Republican.

Special to Times Republican.
Des Moines, July 13.-Reform of the
| divorce laws was advocated by the
| State Bar Association, and the follow
ing resolution adopted at it's session
yesterday afternoon:
''1hat in all trials of divorce cases
where there is no appearance for the
defendant, the testimony shall be taken
in the form of dispositions, or by the
| official reporter and transcript there
OF shall be made by said reporter and
| filed in the office of the clerk within
three months after the trial, and the
costs thereof shall be taxed as part Of
| the costs of the case"
1t is intended to stop divorces by
consent and perjury. 1t was the sense
of the convention, apparently, altho
| not formally adopted, that the county
attorney be required to attend trials
of divorce cases and to proceed against
| persons committing perjury in testi-
mony to secure divorce.
| In presenting the recommendation of
| the committee Judge Bollinger Of Da-
venport, said that it seemed desirable
to take some steps to sto- some of the
abuses in the matter of divorces. The
provision referred to would place on
the records the testimony in the cases
in which abuses arise and would save
to the defendant the right to appeal.
aLc ~
likely to be committed in securing di-
vorces practically by consent, as COM
monty believed.
The suggestion that much of the tes-
timony in such cases is of character
which should not be preserved of rec
ord. was not met with favor by the
association.
The principal event today was the
address of Judge Campbell of the SUI
preme court of Colorado. His address
was listened to with rapt attention by
all the members attending the sessions
The attendance vas largely increased
today, and many of the most prominent
attorneys in the state are here.
Fred Lehman Speaks.
Hasten the day when the faint Of
an honorable profession"
This utterance from the eloquent lips
of Fred w. Lehman of ST. Louis fair
ly electrified the Iowa State Bar Ass
ISOLATION yesterday afternoon and was
greeted with prolonged cheers of earn
est approval He had been discussing
the duties and honor of the profession
of the law and had distinguished be-
tween the inquiry which constitutes the
trial of the accused and in which a
lawyer by his oath is bound to appear
and defend, and the obligation which
rests upon the lawyer with respect to
future transactions.
1T is not the province Of the law
yer to point out to men or corporations
how to violate the law without suffer-
ing the penalty" said Mr.. Lehman,
in substance. and the sentiment was
greeted with instant cheers. "The time
will come, and soon, when the lawyer
and the client will be held to the same
penalty in such cases, for when the
lawyer seeks to pilot his client thru
the law that it may be violated in the
future with impunity. their relation of
lawyer and client ceases and they be-
come partners in violation. And some
day the world as well as the profession
will! come to put them on the sama |
basis.
Nor is the lawyer rightfully and
properly subject to hire in his profess
sional capacity to go before legisla
lures to lobby. Hail the day when the
faint of the lobbyist shall no longer at
tach to an honorable profession"
Mr.. Lehman pointed out that the |
lawyer is, first a citizen, and owes the
obligation of patriotism to his nation
and his people, It Is for him to par
ticipate in an inquiry as to the guilt |
of an accused, for instance, so dis |
charging his duty as a lawyer; 1T is for
him not to sell his professional SER i
vices to do that with respect to adj
vising men how to escape the law and |
how to enact negotiable laws, for it |
is his duty as citizen not to do those
things.
Mr. Lehman spoke to the Iowa law
yers for half an hour in the afternoon,
yesterday He had been invited to re-
main for the banquet Of the evening,
but was unable to be here. He devoted
his address mainly to a review of the
great part which the lawyers have
played in building the nation. The his
tory Of the American lawyer is the his
tory Of America The revolution be-
gan with the writs of resistance Of Otis
in 1861, rather than in 1776. The ar
ticles Of federation were the work Of
lawyers, their defects were disclosed
by lawyers, the constitution was writ
ten by lawyers. The constitution es-
.ablished the Judiciary, to be nonopo-
lied by lawyers, and IL was supposed
hat entry by the profession into the
other branches of the government
would be resented. But it has not, and
he lawyers not only administer the law
rom the benches but they make them
or the most part, and in many in
stances have been called on to execute
HEM
Judge Weaver's Address.
"Of all the theories devised to stay
he progress of legal evolution and
leutralize the effect of advanced legis-
ation," said Judge S. NJ. Weaver, of
he Iowa supreme court, addressing
he state bar association yesterday
none Is charged with greater or more
subtle danger than is the temptation
which is being held out to the courts to
magnify the powers of the judiciary at
he expense of its coordinate branches
,f Government -