The Logan Republican. [volume] (Logan, Utah) 1902-1924, 1916-12-23
DIVORCE PROVES
HARD TO OBTAIN
IN some CASES
Chicago, December, 18th

Chicago, December, 18th
That it isn't always wholly smooth
sailing for divorce navigators was
demonstrated yesterday when some
of them struck snags charted by law
but unobserved by litigants till poin-
ted out by Chief Pilot Judge Gridley.
Andrew Westfars bark was one of
these. Long ago Andrew married &C.
celia yonder in Inowroclaw, in Posen.
Then, times being hard, he came to
this country He wanted Cecilia to
come and for the purpose sent her a
steamship ticket, cherishing his re-
ceipt therefore as exhibit A. For c.
celia declined to sail on the ticket.
She refused fatty to come across.
So as the next best thing Andrew
sought divorce on the grounds of
desertion. There were with him two
witnesses. None of them could speak
d word of English, and they sat silent
ly wondering while the judge and the
lawyer tussled with the snag.
Had He Mistreated Her?
Nobody here knew how in the place
unpronounceable Andrew had treated
Ceceiia, the witnesses present being
for the purpose of showing that there
had been no wife about for two years
time. The lawyers opinion held that
"a husbands domicile is that of a
wife and a wife should follow him"
advancing the explanation that when
Andrew left they were on good terms.
But the judges opinion didn't coin
eide. Said he:
That isn't sufficient under the stat
ute to get a divorce. About every
Saturday | have this coming up, and
have to deny the decree. The case
must be proved by witnesses-not a
witncss-in open court. The words
in the statute, deserted without reas-
enable cause are the essential point.
What Statute Says.
"If that meaning hadn't been in
tended the statute would have beer
written to read, 'willfully deserted
or absented for two years Maybe
the reason she couldn't come was
because of his treatment of her 7
can't grant a divorce unless it is
proved by two witnesses in open
court that she wouldn't follow be-
cause she didn't want to come and
not because OF his treatment of her.
Go ahead"
81 can't see how / can go ahead.
signaled the stranded lawyer.
81 can't either, but this statute has
got to be followed" flashed back the
Judge "All that you know or | know
about them being on good term,
when he left is what he says. Now
| don't doubt but that is so, but the
law says two witnesses showing the
treatment of the defendant.
Reason Behind Law.
an this state TO prove descrtion in
foreign state it is not sufficient for
the complainant to say, 4 threated
her we'll That applies to all cases.
II free Interpretation of the statute
were allowed people would come here
from all states, Iowa, Michigan, Miss
ouri, everywhere, and establish
years residence for the express pur
pose of getting divorce, basing it on
his or her say-so.
81 realize it is sufficient problem
for foreigners and l don't want to
construe the statute so as to make
it impossible for foreigners coming
here to get divorces, but it is my bus
mess to construe it as it is, not as
some one thinks it ought to be.
DO you want to go ahead and MAKE.
record, or postpone? | have had
several cases where some one was
found who used to live with the
couple or in the same neighborhood."
The judge was very friendly, but he
was mighty firm
The lawyer said he'd look around
and somebody who knew might be
scraped up and his Polish comrade
shufflcd wonderingly out of the court
room.