The Idaho Republican. [volume] (Blackfoot, Idaho) 1904-1932, 1911-06-30


Il don't believe that when a statute
in one particular is that specific that
the other chapter, subdivision II,
section $500, is a repeal of it. The
revised codes were all enacted stimuli
taneously. Therefore, the district
judge can enter decree In all default
cases, Gas set forth in subdivision II
of section $500, except where he is
positively and affirmatively prohibited
by statute and except where his pow
ers are limited Gas set forth in Sec
ton 2673), and in divorce cases his
powers are limited, as l have shown
The fact that the Idaho statute was
similar to the Nevada statute, up to
the amendment changing time OF
residence from one year to six months
has thrown the Boise divorce colony
of people from other states into a
flutter of excitement and consterna-
ton.
What Authorities Say
That divorce obtained on mere
physical residence of six months is
void outside the state is the opinion
of four professors of international
law. Persons who secure DEGREES by
this order and then re-marry are
actually committing bigamy, accord
ing to v. H. Lane, professor of inter-
national law in the University of
Michigan; e. H. Woodruff, profeaso
of international law in Cornell Uni
versity; Simeon E. Baldwin, governor
of Connecticut and former dean of
the Yale law school; Joseph H. Beale
of Harvard; Harry A. Bigelow of the
University of Chicago, and many
others.
The opinions of the leading author
tiles on international law with refer
ence to the legality of Nevada divorc-
es were secured by Dix w. Smith, ex-
state senator of New York. who has
large holdings in Nevada. Smith Sc
cured his opinions from the leading
opponents of the law, and all say that
the divorces granted in Nevada are
not worth the paper they are written
on except within the borders of Ne
vada.
Simeon E. Baldwin, governor of
Connecticut. who is also professor OF
private international law at Harvard
university. says that by rules of priv
ate international law as commonly
recognized in civilized nations, d.
vorces granted upon proof of mere
residence on the part of the petitioner
without proof that either party has a
real home or domicile in the jurisdic-
ton, are void.
Void If At Chambers
Hardly less serious for a certain
class than the matter of fictitious
residence is tie condition threatened
bv the onin;on of Mr.. Johnson. who
says unqualifiedly that divorces grant
II bv a district judge at chambers
ne absolutely illegal and void. Many
such divorces have been granted in
Idaho. involving prominent people,
wealthy and with high social connec-
tons in other states. and it is prob
able that in event contest ensues
against such divorce. the Idaho SUI
.preme court will hold that divorces
granted by a district Judge at cham
bers are illegal.
Other prominent attorneys agree
with Mr.. Johnson regarding the mat
ter of residence, and John ]. Blake OF
Cavanah & Blake. said. II not only
think that a divorce is illegal whers
residence is fictitious. but think that
such divorce is fraud upon the
court. and collision by attorney is
ground for disbarment.
"DivOrce Farming"
The question of disbarment renders
the question douby serious, as it is
said that some lawyers have gone in
to what is known as divorce farm
ing" and have given clients on the
outside to understand that the getting
of divorce in Idaho was an easy
matter, that the law required six
months residence. but the client
could "get away with it, in month
or six weeks. by only coming here and
making a pretence at establishing re-
sidence.
The higher class of attorneys. who
frown on divorce farming and who
often refuse outright to take such
cases, denounce such practices in I'M
,i.t asured terms.