The evening world., 1917-12-06

NHNN.N INV |.' AN - ..f..A
Many many children sro snonE The
dramaus prrsouao Of Sae YORK.
bE yearly total ~ divorces. ana q,
tact that th"fe is NJ dsnniis
statute controlling iua disposition ~
'noVH children Sl3Il there bo suoh
. written law Ana what general
principles should 10 ombo1y IN dealing
with what oven dcfcnder- % dlyOfc"
admit 10 b. divorces mos serious
problem. the proper placement Of the
ehGd'
CrRELY no one l' better auai'hed
- % discuss this problem than the
woman whose wonlnly impulses
.ayc boon tempered In the clear
white name % tho law, the lawyer
whose judicial habit Of thought II
humaniacd by her feminine lnheri-
',nce. Therefore. called on Miss
Sa-ln Stephenson o' No. rs Court
street.. Brooklyn. who - presiden. OF
the Woman Lawycrs' Association
and whom y big Rat petition and the
Endorsements OF many Judges are
pushing steadily toward the bench
OF tho Chidren's Court.
There should be . law" Miss
Stephenson declared, rorbiddina
ony other person than tho Judge
before whom each divorce suit 10
tried 70 settle the custody OF the
child that may be involved. Suen 1
an important question should not
be decided BY tho recommends
ton OF referees, or even by an
agreement between opposing
counsel or between the parents
who are dlvoreina each other
The ehild's fate should rest IN
the hands Of a perfectly neutral
arbitrator.
That. believe, is ~ FAR as the la"
can go with safety To legislate that
the child should always be gwen 70
the mother would work Injustice. To
legislate that the child should he
aiycn to the innocent party would be
unfair, because we all know that In
numerous New York divorces the le'
gaIly guilty party IL not actually
guilty. Such case has never come
into my Office because value roo
highl, nv professional reputation; hut
# Is common knowledge that many
a New York divorce Is ~ the sort I
nave mentioned.
81 believe that every man on the
bench OF the supreme Court II wise
enough. kind enough, honest enough
10 dccid. for the best interests OF the
chiI1 in every divorce case, n he were
giycp knowledge Of all the importan,
circumstances To get this knowI"dg'
he ought 10 be allowed to employ
special invcs, gators, II lie wants
them. think that II he alone were
allowed 10 decide which parent should
have the child Il would be best pro
tectcd. and neither parent would fc"'
that any IMPOSITION or bullying haa
been practiscd,"
ll\YIHAT do YOU say 10 the arf"-
w mcnt that the nDwrit,on
law gives the child to the mother
that she is its natural primitive
guardian?" | asked Miss stephen
son.
81 don't see why We, who arc mem
bers OF a presumably human anc
civilized society, should take animd,'
as our examples" she replied wiz
spirit.
Suppose Il is true that IN
tho animal family. there is only
ono parent, tho mother. Tho
Equal ardianship Law, which
Now York passed years ago and
which made father and mother
absolutely equal guardians Of
their offspring, 10 our answer 10
tho arrangement followed by
dogs and cats. One Of tho proofs
OF human progress is tho hardly
won but honest and sincere sense
Of paterral responsibility.
I'm the majority Of cases the yYunl
child should be given 70 the mother
because she is best fitted 10 give !
the care i needs Hut not all women
are good mothers, and there are IN
stances where ,hc father should Hay
custody. / knew of one sucg iIls'Ln ',
in which the divorce actually wa Oh
tanned by the mother, Set sao III
a grossly improper guardian toE rAH
dren and the three in tho ian
were given to the father
"One woman U.th WuOm d.s.J7s".
this problem said that even r
father loyod his child h" Dou4 Pr.
give II the care " needed Dui uos
turn IL over 10 servants Irlual. !
THAT is not the way those tuluS
usually work out" argued Ms
stephenson, Since he hlT 10 'ir'
living he probably viii not Dee adj,
20 give the child his constant CON
pdnionsh.p, bu' generally There 4.
srandUoth"v Or un aunt who ". 60
operate with l.u In providing d goa
home FOR the yOuuEater.
There IS no question, OF
course. as 10 the ehlld's support.
Thst 10 ar Obligation which the
father undertakes with marriage,
Ivst az he undertakes 10 sypPert