The Birmingham age-herald., 1920-08-26
LAWYER AND CLIENT .C|TEDFOR CONTEMPT
 BY JUDGE WILKINSON
Vigorous Application of Ju- dicial Brakes Necessary in Divorce Cases, States
 Local Jurist

Orders commanding Embry Graves, an attorney of Talla- dega, and his client, Tom West, to appear before Judge Horace c. Wilkinson of the circuit court to show cause why they should not be cited for con tempt of court were issued yesterday. These men were cited to appear on September 1 at 10 o'clock. It is alleged that Mr. Graves, in his effort to secure divorce for his client submitted testimony to the circuit court and endeavored to obtain de- cree. knowing the same to- be untrue. It is further set out in the order that he wrote letter to Mrs. West, the defendant in the case, stating he would get divorce for her just as soon as he had gotten one for West, whom he would get to sign all necessary papers for her to secure her divorce. West is alleged to have given false testimony before A. H. Houston, com missioner appointed by the court to take evidence. It is stated that he swore Mrs. West had voluntarily aban- doned him more than two years prior to the filing of the bill of divorce, which is alleged to be false.
 PRINTED FORMS
 "When it comes to the place
 where attorneys can file papers in
 divorce cases with printed forms
 for the bill of com mpIaiht, anwera
 of the defendants and the evidence
 of the witnesses already prepared.
 it is certainly time for the vigOrs
 ous application of the judicial
 brakes., said Judge Wilkinson yes-
 terday.
 This statement was made by him just after he had entered a decree dis missing divorce case filed by Tom West against his wife, Mary West. charging voluntary abandonment.
 Attorney Embry Graves of Talla- dega, representing the complainant, filed this bill of complaint It was submitted on forms in which the ma terial allegations and testimony had been seemingly filled in.
 Judge Wilkinson condemned such practice and entered his decree of dis missal as follows: 2 "The bill of complaint in this case seems to be a carbon copy of a form, that is adapted to such cases, with appropriate blanks, so that it may be used for any case of this kind. The answer of the respondent, made by her in her own proper person, is on a printed form, in which she enters a formal denial. valves notice of the time and place of taking testimony, and consenting to decree in term. time or vacation. The evidence con- sists of fifteen lines, likewise on a carbon copy form, and is extremely meag ger.
 "The entire atmosphere of the
 case, aside from the unsatisfac-
 tory state of the evidence, suggests -cOllusiOn between the parties to
 obtain this divorce, at the earliest
 practical moment. with the least
 expense, presumably for their own
 convenience. as the prayer contains
 an appropriate petition for the
 right to 'remarry.'
 Tt is high time for the vigorous ap- plicati of the judicial brakes to such situations as this. Counsel and the general puDllc SnOuld De put on nolice that such proceedings are regarded by this court as prima facie evidence of collusion which in itself is suffi- cient to warrant refusal of the COW eted decree. The register will enroll the following decree.
 This cause coming on to be heard was submitted for decree upon the pleadings and proof as noted by the register, and on consideration of the same, the court is of the opinion that the complainant is not entitled to the relief prayed for. and that the bill of complaint should be dismissed
 Ut is. therefore. ordered, adJudged and decreed that the bill of complaint in this cause be and the same Is here by dismissed, and that the costs of this proceeding be and they are here by taxed against the complainant, for which let execution issue.
 This the 25th day of August, 1920.
 HORACE c. WILKINSON,
 Circuit Judge"