New-York tribune., 1913-11-23
Growth Of Cases Alarming.

In all these twelve years. in only two
out OF the forty-eight legal terms includ-
ed. has the figure Of 400 been reached, and
these terms were in the present year,
1913. In 1904 the number Of cases In every
term nearly approached 400 but after
series OF gradual movements up and down
the average fell in 1909 and 1910 10 below
900 But the following year. 1911. saw
this figure overtopped i'm three out Of the
four terms. and I'm 1912 there were over
800 cases in every term. The growth since
then has been alarming. for the average
for the four terms of 1918 is $50.
How the two judges. with such spas
modic assistance as they receive from the
Kings Bench Division, manage 10 get
through the stupendous list is easily ex-
planned by the extraordinary number OF
undefended divorce cases. 1t is not IN
usual at all for these 10 be cleared away
at the rate of five or six an hour, which
means that in an ordinary working day
OF FIVE hours nifty or sixty cases may be
disposed OF
This batch Of undefended suits is one Of
the most significant phases Of the lists.
The causes are too numerous 10 be gone
into. Usually they are quite obvious after
a moments reelection. out OF the ~
matrimonial suits for this term, not less
than 353 are undefended. or the remain
der, eighty-seven will come up in cham
bers twenty-nine are set down for COM
mon juries and twenty for special iurles'
Three hundred and ninety-four cases
are for divorce outright The petitioners
are being fairly equally divided-l@ wives
and 2O5 husbands-a state of things that
has been characteristic Of divorce pro-
ceedings for time out OF memory, but Is
by no means a true indication Of the
relative morality in the domestic relau0a-
ship of men and women. Indeed. English
experts claim il merely shows that as the
law at present stands about the same
number OF wives are enabled TO seek the
aid OF the law I'M annulling their union
Husbands Lead as Plaintiffs.
Although more husbands than wives are
seeking divorce, the balance Of those pre-
pared TO let the matter 20 through unde'
Tended is on the side Of the respondents
husband. for l56 men are so disposed as
against III women. In every one OF the
twcnty-seven common jury cases the re-
spondent is a wife.
But there are phases OF domestic as
comfort which suggest other remedies
than divorce. Judicial separation. the Only
relief open to many. is sought next sit-
tirgs by twenty-nine persons OF whom
only one Is a husband. that form OF rem
edy apparently being In paternal favor
So also in regard to restitution ~ coh'
jugal rights, which in large proporuo"
of cases is only a legal preliminary
subsequent divorce proceedings the lsts
reveal much domestic infelicity. for my
FIVE petitions are of this character my.
one being instituted by wives and onH
four by husbands.
Nullity is a matter removed someWha'
from the ordinary matrimonial cases anu
until recently. deemed 10 be fiuingy ded"
with only in camera. or this kind OF eAse
there are eleven set down, and il is prov,
able that most of them VIII be hediN
in open court.
IL is not in all cases a simple matter
OF injured spouse seeking relief asd'i''
partner with or without defence 1"
eight cases there are cross petitions u"'
der pleas Of singular variety. In one III.
stance the husband asks for divorce anu
the wife counters for petition for "
diclal separation. while I'm another
the wife who insists upon dissolu'0"
while the husband demands resututio"
In third the husband seeks restitution
and the wife judicial separation. In yets
fourth both base their future hopes Oh
absolute divorce.