Omaha daily bee., 1909-02-28
English Justice Starts Move to Re
form English Law.
DECREE COSTS THOUSAND DOLLARS
Complicated sna Expensive Procedure
Practically Prevents People of
Moderate Means from Reeeiv
Ing Legal Separation.

reaching REFORM IN that law
Sir Gorell Barnes. who is just retiring
from the post OF president Of the divorce
court. after a quarter Of a century's ser
vice, has placed himself at the head OF
the movement for a. reform OF the law
which he has had so much experience in
administering. and his ~denuneiAtion of it.
OF course, has added great weight to the
growing demand for a ehange.
Divorce in England today is a luxury
reserved for the rich and the moderately
weE-to-do. The poor man or woman who
finds that the bonds OF .mstrimony are too
heavy TO bear, cannot be relieved OF them.
All the relief that is open TO persons OF
this class is a police court separation,
which does not carry with It the right for
either party to marry again.
II IL estimated that the bare cost OF a
suit for divorce in this country ~ $3.50
unless the sutton receives permisaioh to sue
"as a pauper,'' in which case the fees
will amount to about $50. 1t is very diff
ficult. however, to secure permission to
sue 'in forma pauperis," and the proceed
ing ID almost unknown in the divorce court.
The estimate Of $3.50 Is for residents OF
london. II the sutton resides in the coun-
try the expense will be much greater for
divorce suits are only tried In LONDON AND
the sutton must travel to London and bring
all his witnesses there. Thus the average
cost Of divorce suits in England Is 100
Keeps Dowa Legal Separation.
The effect of this state OF the Law Is
shown nv the fact that the proportion OF
divorces in England and wales IL rs per
1000 marriages. while IN Scotland. where
divorce is cheaper and easier to obtain, the
proportion IL 6 per 1000. In Belgium IL II
AS. In Denmark "a. in France, 50 and
Ia Austria al. II the separation orders
granted in England were to be reekoned as
divorces. however. the proportion OF ois-
solved marriages in England ana wares
would be 2s per 1000.
Before the passage of the present law
a,vorce wac almost unknown in England.
Under the old law the husband OF an I'M
faithful wife had to sue in the ecclesias-
t,n.I conrt ana prove her misconduct.
Having obtained q decree there he must
than ana the adulterer IN the civil courts
FOR damages and having succeeded there ne
was entitled to apply to the House OF
lords for leave TO prove his case again
and having done so, for the passage OF an
act of Parliament annulling his marriage
Tba death blow TO this system was given
bx Justice Maule before whom a laoorer
was tried for bigamy. 1t was SHOWN ina
tha mans wife had gone off with announcer
man. leaving him with a family OF youns
cbiI6reu. After some years, during which
he had not heard OF his wife, ne marriou
again and soon after his wife returneo n
.et the law in motion against linn. Inc
man was found guilty. of course anu Jus
tice Maule pronounced sentence.
Sarcasm Arousss Public
Won, have been found guilty OF a seri-
-. or,r,s" he said. Your proper course
~o,,,d have been to sue in the eccesisstical
oo,,r, for n divorce. Having obtained thAt
Vol, should have sued your wife's paramount
for damages, although he IL probably 3
o.,nar Won should then have applied 70
rn@uouse OF Lords to have your marriage
dI..oayed. That would have cost you So
ar eooApounds, while YOU probably nave NOT
an many pence. You will be sehtenceu .
prison Tor one day"
The iddEe's sarcasm aroused the o0h
science of the country and the law OK
Hs57 markkd a great advance on the con-
ditIons which preceded II.
Now. however, Sir Gorell Barnes mas put
some life into the movement Tor rurther
reform. HisA first public appearance ai"r
his retirement was announced was AT =
meeting Of lawyers and law students ~
Liverpool and he boldly tackled the presen.
state of the divorce laws wnicn ne s~'u
were little Better than formerly
Drb.rs ism reality one law for the rich
and another ftt the poor" he saSd' aho
the one thing which should be the guiding
principle OF all law In this country Is tna'
IN. aame opportunity should be given TO
ths Moor AZ to those who are better off"
Favora Local Tribunals
st- czots,l then advocated the establish
r,snt az local tribunals to try divorce cases
ana limited that he would like to see the
nosser placed in the hands Of the county
. court Judges. who now try the minor civil
suita. 1-his proposal has been made before
and Il ia Shought that this Will be the
schAsne adopted, although there 10 q strong
o~plnisne In favor OF giving the power &c
Grant divorce to the police court mas1s'
tratesy One Of the chief advocates OF thu
, n,an Is Mr.. Plowden, a famous London
masistyAte. who points out that the "beSk'
az the magistrate IL popularity called II
the only REPRESENTATIVE Of the law known
t to a large part OF the population.
On4 81 the strongest advocates OF a re
) Torn, Of the present law is Sir Geors'
IAwfs. the famous London solicitor, who's
firm mas been engaged 10 more sensations
divorce proceedings than any other in tn
, world. -,
Il thoroughly agree in every respect VIII
. Sir doteIl Barnes said Sir George to me
9 His experience and knowledge OF tina
Y court are unique. He has seen, and l nav
seen. cases pass through that court ~hie'
k ended In the wrecking Of lives because poH
n erty prevented the proper termination. An
0 other great reform that Il needed and tina
0 | know Sir Gorep approves Of. 10 the plAein
e OF women on an equality with men A
o nrsssnt q woman must prove not only NH
conduct. but absolute cruelty or desertO
nv her husband as well, and II she has a
e ready received a police court separation N
cruelty she iArasbaTrec from ever Settin
e a divorce unless her husband comes bae
and actually assaults her. A husband O
secure a divorce for his Wifes miseondA'
alone. and the same privilege ought to
It accorded 10 women
diverse fer Rich aaa FOoR.
70 <.I should like to see the judicial sepAr'
IA ton abolished altogether and complete d
. vorce placed within the reach Of every or
Is no matter how poor. The position In while
of the man and wife are placed by these j.
" dieial serarations n a most objsctionAh
N =. II marriage II dissolved At all