New-York tribune., 1909-11-16
NEW LEGAL POINT
OYER SEALED PAPERS.
Lasryers 4& If Closing Di-
0Orcc Record Hides Crime.

Since the question as TO whether or not
n Is in the interest of public policy 10 seal
divorce papers has come up for discussion
again. Jurists and lawyers have been con-
sidering a novel point m this connection
which could not have been raised two years
sso.
Al that time law was passed making II
q misdemesnor 20 commit I'm this state the
only act which may furnish a ground for
divorce under the laws OF New York state
Arguing. therefore that the papers in
divorce must necessarily contain evidence
OF a crime IL the act complained Of was
committed in this state. there are those
who ask whether the scaling up Of such
papers Is not conceslment Of a crime. The
Penal code makes a person who wilfuly
cOnoeals knowledge Of n crime. with intent
uhst The offender may avoid arrest and
punishment, an ACCESSORY IL the crime Is a
felony. II the crime is a nisdemeanor the
Penal Code provides that an accessory may
Be punished principal.
Others take the ground that the evidence
necessary 60 obtain a decree Of divorce is
rarely Of the kind which would be sufi-
oient 10 punish a person under the criminal
statute.
As one lawyer put IL: In = civil action
such IS divorce. the plaintiff may establish
his case hy prePonderanoe 81 evidence. In
q criminal case the people must establish
the guilt OF = defendant beyond a reason
able doubt The Court Of Special Sessions
has hold that 20 sustain prosecution for
the statutory act visual evidence 81 :he
actual commission OF the act is neoesssry.'
OPEN To DISTRICT kTToRENT.
Many lawyers hoid that tho scaling ot
divorce papers cannot be construed as con
cealing evidence, because the District At
torney would always DC able 10 get access
10 such papers II ne desired 10 bring
criminal prosecution. some hold. however,
that II The court should consider IL their
oUty 20 lay information 81 the commission
Of snch a r-fme before rhe District AttOr-
ney II -niglt l,e n powerful agent i'm lessen
i-g the number of divorce actions.
A. for collusiye csseS. ~ is said that care
is always taken tha1 tho act upon which
the divorce action is hssed Is committed ia
some other state.
When the bearing of the sealing of d.
Vorce papers on the question OF hiding owl
dence thsf might be used in criminal
prosecution Was brought 10 the attention OF
Aiores "a. GrOssman. who is probably as
familiar Will the procedure in divorce
cases as any lawyer in the city, Mr.. Gross
man SAID:
That Is an aspect OF the matter that de-
serves consideration. Since the recent
amendment TO our Penal code the only act
which may be,uiade the basis OF a divorce
action IN this state has been made a crime.
n the act on which divorce decree IS
predicated H. committed in the state Of
New York u may he prosecuted by indict-
raent or by Information by the plaintiff in
tho divorce action OF By any other citizen.
The concealment Of evidence of this
crime ny the sealing Of tfe papers does not.
therefore. commend itself 10 ones sense OF
justice"
Asa matter Of fact Mr Grossman is not
in sympathy with rules OF practice Nos.
= and Is. which provide for The exclusion
from the courtrn-om in actions for divorce
or annulment Of marriage Of persons not
interested in the cause and for the sealing
up OF the records in such actions.
THINKS OPEN RECORD DESIRABLE.
Stating his views on these points MI
Grossman said last might:
1T is not 10 be apprehended that -infants
In arms or persons OF undeveloped minds
will make Il point 10 examine the records
of any court for tho purpose OF a perusal
which might debase their morality. and the
Government paternalism which sanctioned
The interference or the state in behalf ot
an adults morality is thing Of the past.
Persons daily thrown in contact with
phases % life ana truthful records thereof
which are disgusting and may be offensive
30 those whose sensibilities are acute. Yet
there is NO reason why they should not re-
oelve the utmost publicity. and il is a mat
ter of tasiA for the person who may see
such records whether he shall peruse or re-
ject them
IT is in the interest OF true morality, as
weiI as OF susnce and good government,
thai there should be nothing savoring OF a
star chamber proceeding and that every
Transaction which is litigated IN court
should he open 10 the perusal ana criticism
Of the press and rsle public i'm general.
Past experiences have shown that Sc
ere, rroccedinss of any kind or character