The Birmingham age-herald., 1922-03-19

| ties, and should be required to use every means possible to accomplish
 this end. The actual trial of a divorce case should be the last resort, instead of the first as at present. Five years of experience in trying divorce cases has convinced me that many families might be saved by giving a judge, ex- | perienced in the trial of such matters, the opportunity to make adjus tmen [ and reconciliation, before the trial is entered into.
 Greatest Criticism
 But possibly the greatest criticism that may be brought against our present system of administering di- vorce laws. is the way a case for the disposition of the child of parents who are separated, Is handled. When the Biblical story has Solomon try | a case involving the custody of a child and make just disposition thereof. it thereby convinces anyone | with experience of the fact that { Solomon was the wisest of all men. | No case is more difficult than a case of the disposition of a child. Practi- cally the entire life of human being is at stake.
 Our present method of disposing of a child of parents who are sepa- rated, is to permit all parties who wish the custody and care of the child to come into court and present evidence showing which is the best suited for the care and custody of the child. When the judge has heard , this testimony he must decide be- tween them. and after he has decided so far as the court IS concerned the case is closed, unless some party ! again brings the case to the atten- tion of the court. In many cases for the custody of children both parties are very much at fault. In instances of this kind the only thing that the court can do is choose the one who | is the least unworthy.
 Rearing of Children
 l The party to whom a child is given assumes responsibility for its care, control and rearing under very diff cult circumstances. Ifathe father re- lceiyes the child he must rear 1t un- aided by it's mother; if the mother secures it she must rear 1t unaided by it's father if third person gets it. they must rear the child without i either father or mother. Tho proper growth of a child calls for both the : care and Attention of father and the love and devotion of d mother. The court should be given the op- portunity by the properly directed work of probation officers to see the result of it's decree. in order that it may reopen the cause at any time when the welfare of the child de- mands. Many other instances might be enumerated where 1t is of vital i'm : portance that the judge in decrees of l this type have at his disposal proba- 1 ton officers to make his own investi- gations in order that the child be ] properly reared, and it's welfare. safe ! guarded.
 1 Another matter which should not l be overlooked in the consideration of cases and the custody of children is the fact that under our laws as they now are there is much conflict of au- thority between the chancery division of the circuit court and the juvenile court
 In many instances the wife will prosecute the husband in the juvenile court for non-support and at the same time seek alimoay in the chan cery division of the circuit court This is one of many conflicts which have arisen and one of many more which will likely arise. This conflict Is perfectly natural and inevitable as both courts are dealing with matters ulCn iHNOlNc lHt ldHiiINs
 Juvenile Court
 My suggestion for the solution of this phase of the problem is that the juvenile court of Jefferson county be made a part of the circuit court of the Tenth Judicial circuit and that the judge of this division be given Jurisdiction of the trial of all divorce cases, cases for the custody of chill dren and other kindred litigation, in addition to the present Jurisdiction of the juvenile court.
 The juvenile court of Jefferson county is considered by the author ities one of the most splendidly or ganized and one of the best admin istered courts of it's kind in our country. It is already provided with probation officers and other essen tials to proper administration of di- vorce and kindred cases We will, by the plan above mentioned, be merely adding to its Jurisdiction and increas- ing it's usefulness. We will also be avoiding the necessity of creating an- other similar organization.
 Leave Judge Free
 The above plan will leave the judge of the chancery division of the cir cult court free to give his entire time to matters of strictly equity juris- diction. This is, in itself, badly needed.
 In making the above recommenda- tion, I am not suggesting that we try an experiment.. The city of Gin cinnati created such a court in 1915, which has been working splendidly. Many of the cities of our country