Alexandria gazette. [volume] (Alexandria, D.C.) 1834-1974, 1922-03-25

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the contrary, legalize the separation
that would occur under such circum-
stances. Such being his convictions,
and the law being susceptible of lib
eral applications, he has administered
the divorce statutes as he has found
and seen them. Some attorneys, on
account of the judges views, have I'M
doubtedly taken advantage of him,
as we'll as the spirit OF the law, in the
preparation and presentation OF their
cases, taking care only to see that
technical requirements were complied
with and paper case presented. The
latitude given by our Supreme Court
of Appeals in its decisions on domicile
and residence has made it easier to
stretch the letter of the law far be-
yond its spirit. Thus, it is legally
possible for years domicile to be
acquired in Virginia without spending
a whole day in the State, and for a
residence in Alexandria to be acquired
only on the day suit is filed.
Contributing Causes.
In Consequence Of tn above state of
facts, believing the conditions to have
been as described, we find that a
divorce evil has existed in this COM
munity, and slowly grown until the
public conscience was awakened. The
causes were:
l. The fexibility of the law as con-
tsrued by the courts, with respect to
domicile and residence.
2. The proximity of Alexandria to
the District of Columbia, where adul-
terry alone is 4 ground for absolute
divorce.
s. The loose, careless and, at times,
irregular practices of certain attor-
neys.
4. The broad viewpoint of Judge
Moncure on divorce and his conse-
quent liberal application Of the law.
5. The lowering o fthe standard OF
morals sa result Of war.
6. The development Of certain
boarding house keepers into profess
sional witnesses on residence and
domicile.
7. The abnormal situation existing
in the country on account Of the war,
and especially Alexandria and Wash
ington, with respect to workers en-
gagged in newly established industrial
and governmental plants and depart
ments land soldier marriages.
Remedial Measures
From the nature of things, Causes
l2. 5, and 7 cannot BE- remedied
Causes ! ard have been effectually
| remedied by the Committee, with
the cooperation of the Judge, by the
putting into effect Of the rule of
court above referred to, and by re-
curing the Clerk of the Court to
! keep a list Of persons testifying az
| to domicle and residence. These
steps adone have been sufficient
not only to. check the growth Of the
evil, but practically to eradicate it
as will appear from the fact that
! since February 18th, the date Of tht
| rule, to date. only two divorce suits
have been filed
Just how much blame for the con-
dition that existed is attributable to
Judge Moncure's viewpoint on the
subject of divorce and his flexible
Interpretation and liberal applica.
ton Of the law, and how much is
attributable to the lawyers guilty
of loose, careless and irregular prac
tees, it is difficult to determine, We
are ofeht f omd ON DO modr mort
are of the opinion that the investi-
CATION and expose has had a chast-
ening effect upon both.
We believe that the number OF
divorces sought and granted would
have been considerably lessened had
Judge Moncure exercised more
restraining policy instead Of &C.
cepting at face value the pleadings
and proof rendered him in many
cases bv attorneys guilty of loose
practices and careless methods.
The investigation disclosed that
Judge Moncure in private practice
used Mrs. Baggett as a witness in sc
cases in both courts during the two
years Immediately preceding his
elevation to the bench, and that,
according to his dispositions, maxi,
mum Of "a persons lived at her
house during one month; that Judge
Moncure's attention was called to the
questionable domicile and residence of
persons at her house; and that he
thereafter enter DEGREES in approx
mately Is suits in which she appear
ed as witness to domicile or resid-
ence. Notwithstanding Judge Mon
cures statement before the
Committee that he, if asked, would
have guessed that not more than
80 or 10 persons wer domiciled or
resided at Mrs. Baggett's, we cannot
excape the conclusion, in the light
of the foregoing facts, that he ought
to have known the exact situation,
and could have remedied it. We
believe that he was negligent III ac-
cepting her testimony without ques
ton after notice.
In justice to Judge Morcue, how
ever, we will say that notwithstand-
ing a vigorous prosecution inspired
by personal venom and a thorough
investigation, no evidence has been
adduced or disclosed which im7ugns
his integrity or reflects upon his
sincerity Of purpose in. his admins
traton Of law and justice during his
tenure Of office.
As herein before pointed out, the
Committee has been handicapped in
its investigation by lack of author
ity to compel the presence or testi-