Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1917-03-03

l
immediate cause of the divorce evil
The true remedy is deeper and more
profound. Law after all is simply the
reflection, the mirror Of mems con-
science-the true remedy can come
only from above. Only the great fore
es Of religion and education can con-
troll and reform the hearts, the con-
science and the mind.
| "Of these 203 cases dismissed how
long have they been on the docket?"
asked Rep. Harrington of Augusta OF
the committee.
II don't know" replied Mr.. Looney.
Have you the two-year law in re-
gard to these cases in your COURT"
asked Senator Deering of the commit
tee.
Mr.. Looney did not know but Sena-
tor Davies, the chairman of the COM
mittee volunteered that they were the
same rules.
Would it not be hardship to the
supreme court to put these 10 extra
cases a week on their docket. Was
that not the reason why the change
was made?" asked Rep. Barnes Of
Houlton of the committee.
court out" replied Mr.. Looney.
! Attorney Clifford f. McGlauflin of
Portland also appeared in favor of the
change in divorce jurisdiction. Il have
no complaint against the superior court
or the judge of the superior court,
said he. Il think, and so far as l know
it is true that the judge of the superior
court has handled divorces as we'll as
any live man could He cited the fact
that he had two contested divorce
cases pending but was so well satlsned
with the court that he had not asked
for jury trial.
| But can there be any good reason,
he asked, why the justices OF the SUI
irene court should not be given jurls-
Giction in divorces in Cumberland
county? Is there anything peculiar
about the people or the lawyers OF
| Cumberland county that the same
Judges who hear divorce cases else
where cannot hear them there?"
The Judges Of the supreme court are
as we'll qualified to represent the State
lin Cumberland county, he said, the
lawyers of Cumberland county can
practice in divorce cases in the su-
preme court in other counties but may
not in Cumberland. There seems no
reason why the citizens should be COM
PEELED to go into other counties to have
their cases tried in the supreme court.
When Mr.. McGlauflin entered upon an
argument that the point that local
judge is better qualified to try divorce
es does not apply, Chairman Davies
| of the committee said: Il don't think
we need to go into that, Brother Nc
Glauf1in."
mo. we have local justices on the
supreme court who are capable Of hear
ing divorce matters" replied Mr.. Nc
Glautlin. Eyes, that's So" said Sena-
tor Davies.
Judges are human beings" went
on Mr.. McGlauflin. and therefore can
not escape unconscious prejudices. Il
wouldn't uphold any live mans having
exclusive divorce jurisdiction" he said.
1t is a fact, he said, that some judges
and some lawyers do not get along
we'll. they clash and grind when they
come together.
Rep. Barnes of the committee asked
If it was true that the docket Of the
superior court was so crowded that at
the last term all the criminal cases
had to be continued or mol pressed.
Rep. Emery G.. Wilson of Portland
stated that this was not the case, but
that there were so many criminal
cases at the January criminal term that
the opening of the February civil term
had to be set ahead to Feb. 20 and the
| first 20 days Of February given over to
winding up the January criminal term.
When the committee called for the
opponents Of the change Rep. Albert
| f. Anderson of Portland said he favor
ed the present system. Concurrent jul
risdiction had been given because the
supreme court was overworked, and
proved so satisfactory thta the justices
Of the supreme and superior courts
and many lawyers approved of the
change to giving the superior court
exclusive jurisdiction.
"As to the superior court practices"
he said, cit is fair, although it is true
that the judge is very strict. 1t is true
he's Roman Catholic, and in order
to get case by him you've got to con-
form strictly to the law. And it should
be So" AS evidence that the present
system had worked satisfactorily he
pointed out that Of the many divorce
cases tried jury trials had been asked
in only four cases.
II do not find any great opposition
in Cumberland county to t1e present
llaw." he said. "Everything, as I find
1t. is satisfactory except to a few dis
satisfied lawyers"
William M. Bradley of Portland also
spoke against the change The reason
the superior court was first given iu-
rlsdiction he said. was that the SUI
preme court docket was very over
crowded and the justices were over
worked. The work Of the supreme court
In Cumberland county is different from
that in other counties, because Of the
great amount Of equity cases, brought
by out Of the State corporations In
that county. While the supreme court
had divorce Jurisdiction he said, the
condition was such that the justices
would hear equity cases at recess and
during the lunch hour, and one Justice
used to take lunch at his Office. hav-
ing "a sour apple and a divorce hear
ing"
The law giving the superior court con-
current jurisdiction didn't work very we'll,
SO it was thought best to change so as
to give the superior court exclusive jur-
isdiction in divorce matters
Il understand that the Judge of the