The Washington herald., 1910-02-13

basis for action 10 hesitate about airing
in public their wrongs, no matter how
cruel the latter. And 1t is added that
anything which is calculated 10 diminish
the number Of divorces is Of advantage
to the commonwealth. and that since
publicity is a deterrent. it should be pro-
noted rather than restricted.
On the other hand there is no doubt
that publicity given TO indecent and sue-
gestively immoral details Of the evidence
In a divorce case tends TO promote lax
ity of morals. The license which the
press has displayed in connection with
the publication of the evidence IN some
Of the matrimonial suits where the par
ties concerned have been Of social note
and Of official or political eminence has
been very great, far more so in England
than in this country. and one has only 10
: recall the crOss-actiOns brought in the
Edinburgh courts by a Scottish laird and
his American wife with couple Of titled
correspondents IN the case, TO form an
idea Of the length 70 which even the best
and most reputable Of English newspa-
pers are willing TO go in the matter.
Titles Add to Interest.
1t is Just these divorce cases Of proml-
nent people that in Great Britain receive
the greatest amount Of publicity. If the
parties are OF the upper and lower middle
classes, and from a social and political
point Of view obscure, the newspapers
are quite content with the mere printing
Of their names. whereas If there is a
titled parsonage or a figure OF the Lon
don great world in the case columns will
be devoted 20 the matter. The Judges
cannot prevent this save by ordering that
the trial shall take place in camera,
which, as ] have pointed out above. is
terribly damaging 10 all people concerned
in the affair
Here the judges have the right OF or
dering secresy and Of sealing the evi-
dence; but the secresy IS not general and
has in the past been usually ordered only
where very rich people were involved.
The statutory prohibition Of the printing
OF any testimony in divorce cases here
and in England would relieve the judges
in America OF the imputation OF partial
ity and those in great Britain OF the ex-
ASPIRATION Of being unwilling parties 10
an evil which at present they are power
less 10 prevent.
/ Let me add that in Great Britain, as in
most OF the States Of this Union, the de-
( cree of judicial separation or of absolute
divorce tells its own story without the
/ necessity Of any additional details. For
inasmuch as judicial separation and alb
solute divorce are only granted for GER
tain well defined reasons il necessarily
follows that those against whom the de-
! cree is granted have been guilty OF the
/ offense in question, and that II judgment
I is also given against q correspondent the
: latter has likewise been incr!minated. In
one word. the decree tells its own tale in
! perfectly conclusive manner
/ Bow 10 the Classes.
/ In considering the evils Of undue pub
4 Lefty in divorce cases il must be borne in
mind that the conditions in the United
states are somewhat different from those
+ in the Old World. For whereas on this
I side Of the Atlantic the principle OF equal
+ ity is deeply rooted in the breast Of every
American citizen and perhaps the first
notion that the newly arrived immigrant
/ imbibes after landing on these shores. in
/ Europe. despite the spread Of democracy
and the phenomenal progress Of social
( ism, much Of the old-time submIssiveness
l and reverence on the part OF the masses
I for the classes remain.
! They take the form Of a readiness and
{ OF an anxiety on the part Of the people
to follow blindly in the lead Of those
whom they regard as their superiors in
rank not alone in dress, manner, and
speech, but even in conduct. To such an
extent is this the case that the most emf
nont crimluoIogists cf the Old World, the
scientists as well as those exercising
magisteTiai and judicial authority. are
practically unanimous in their opinion
that any publicity accorded 10 the mis-
deeds OF person Of rank and position
affects injuriously the moral tone Of ths
masses and becomes not only a cause.
but also an incentive 10 crime.
Il is on the strength OF these arguments
that distinguished lawyers. officials in
trusted with the administration Of JUS
tice, and even the royal and imperial ar
biters Of society abroad combine in an
endeavor to hush Up crime TO an extent
of which the people in this country have
little conception.
Demand Public Decency.
Here in the United States there is prob
ably less of this readiness TO ape the
vices and the moral deliaquencies os
those prominent by reason Of their great
wealth or their position in certain circles
Of society. But publicity accorded to Of
lenses against propriety and decency IS
just as nOXious here as IL is in England
The printing of unsavory legal evidence
is every bit as harmful az that literature
which. evolved from disordered and de-
generate imaginations, engages the
watchful attention Of the Post-office au-
thorities and OF those other agencies for
the combating OF vice.
Perhaps there is little that people in
great cities, such as New York and Chi
cago. with their immense congIomeraton
Of human beings. the good and the bad.
do not know. But In these small country
town and villages Of America. where per-
haps one finds In these times what is
best and most praiseworthy in American
life and the truest examples of American
citizenship, it may be questioned whether
there IS not a certain ignorance Of vice,
even of relative innocence, which the
printing of prurient evidence given IN
court is likely to contaminate and de-
stroy. And this IN itself is little short Of
a crime.
Copyright. 1910. by the Brentwood Compauy.J
An Accident Described