Ellsworth American. [volume] (Ellsworth, Me.) 1855-current, 1909-01-13
JUDGE EMERY ON DIVORCE.

Recent Address Before Twentieth
Century Club at Bangor.
Chief-Justice L. A. Emery, of Ellsworth,
was the guest of honor at supper given
BY the Twentieth Century club, Of Ban
gcr, at the Bangor house Tuesday even
ing, Jan. 5. The subject on which ne was
asked to address the meeting was ''Di-
voice.. He said il; part:
/ have, read great deal and heard
great deal of the ''divorce eyil". 1t is not
IN evil, but rather a remedy for evil. Like
other remedies for evil, it may and does
have attendant lesser evils, which we
must seriously consider and eliminate II
possible; but in itself divorce is not an
evil, but remedy. The evil Precedes d.
vorce but comes after marriage. And let
me say right here that in my remarks
shall not consider the moral phase of
this great question. must leave that for
others probably better equipped for that
sort of discussion. / am speaking from
the legal standpoint alone in considering
this remedy for many of the evils Of so
ciety.
Marriage is 6 civil institution. 1t was
established by statute for the benefit of
man. 1t is not sacrament. There is
nothing divine about it, but it is purely
a human institution. Law has established
it. Its rights and abuses are defined not
by the Church but by law. Man was led
to institute marriage as we have it to-day
because of his desire to establish families,
20 DIV fu q
blance of stability, to lead it out of the
chaotic state formerly existing. For these
reasons men continue to use marriage
without question. The institution is &C.
cepted as rightful, lawful one. Having
established marriage, the question is, shall
We perpetuate it? Shall we make "what
God hath Joined together let no man put
asunder,"a rule of law as well as of the
Church? That is the question which seems
to confront us.
need not call witnesses nor give evil
dence of any kind to lead any one of the
gentlemen here assembled to accept as fact
the statement that much misery and
anguish very often result from marriage.
No part OF this falls to the lot of the spin
ster or the man who remains unmarried
Now, after man decides to marry, in the
event that he afterwards finds himself
bound to faithless women, shall we not
give him a release; or shall we order him
tie of wedlock forever unbroken while
they live; shall we bind the good, whole
hearted, faithful wife to the coarse.
broken, drunken husband, or to the faith
less husband, or not? From the stand
point of the lawyer and from my expert
ence in the law, say no, we shall not SO
bind the man or the woman found to be in
30 unfortunate a position. Far better is it
to give them separation, to free them once
more, SO that they can once more go on
living useful life. Otherwise they will
suffer and society will suffer.
To be sure, in sense divorce may have
an i'll effect on society. 1t would be better,
of course, if all marriages were ideal, but
they are not. We find these terrible con-
ditions. The remedy may be the choice of
two evils, but say that in choosing div
orce society has chosen the lesser. l have
heard it said that divorce should not be
granted on account of the children, but
maintain that it is better for them; not
only better, but less hurtful. And l say
these things in the light of honest expert
ence.
The Church breaches patience and it is
very proper that the Church and all in
terested should preach patience; but the
law treats of things that are and condi-
tions as they are found and fixed by evil
dence. 1t is of the things that are Of which
speak. am not considering what ought
to be. I have heard hundreds and hun
dreds of divorce cases, and am convinced
that in the great majority of cases it is
better for the man or woman, far better,
that the divorce be granted.
The divorce remedy is abused as other
remedies are. Opiates and certain stimu-
lants are sometimes good remedies, but in
many cases they are used too soon and too
often. So with divorce. 1t is resorted to
too often; in very many cases, too early,
and very often where it is not necessary at
all. Divorce is remedy, but it is sup
posed to be used only as last resort, in
the extremity of the case, after all else has
been tried. Unfortunately, in scores upon
scores of cases it is resorted to in the very
beginning of the trouble, too often
probably only petty trouble.
Divorce is often used for unlawful pur-
poses. A man may bring one about solely
for the purpose and with the intention of
marrying another woman, and rice rersa
Or a man and wife may enter into collu-
sion and obtain divorce. Where we can
find these things out we refuse to grant
the divorce, but we are often deceived
about the matter.
In this State divorce was formerly
1ranted ct the discretion of the Judge. He
uas not confined to specific causes. If he
thought it to be for the interest of the
man or woman, for humanity or the peace
Of society, he granted the divorce. But
the judge often found himself in a very
embarrassing position. 1t was hard, some
times, to refuse the petition of the pretty