The Monmouth inquirer. [volume] (Freehold, N.J.) 1865-1933, 1923-05-24
DECISION STOPS
RENO" IN JERSEY
Unexpected Limitation in Di-
vorces Apparently Exists,
Despite ConelIy Act.
MUST WAIT SIX MONTHS
New Law for Easy Divorces Isn't So
Easy-Advsory Master Backes
Holds Two Years Residence
Still Required.

Trenton. Despite re-passage by the
legislature of the Blackwell easy di-
vorce law over Governor Silzer's veto
q fatal defect in the act has been point
ed out by Advisory Master in Chancery
William j. Backes. The master has
declined to recommend divorce on
grounds of extreme cruelty for Mrs.
Mary Carosone from Giovanni Caro-
some, known as Jack Carson, because
the Blackwell law is subject to the
limitation of two years residence in
the state by either of the litigants be-
fore commencement of suit. The
only situation in which divorce suit
may be instituted without meeting the
two years residence requirement is
on grounds of adultery.
The recent legislature specified that
suit for divorce may be instituted for
extreme cruelty six months after the
act complained of The ruling of Adj
visory Master Backes places differ
ent Interpretation on the Blackwell
law than contemplated by the legisla-
ture. The general assumption had
been that suit for divorce for extreme
cruelty had been placed on plane
with charges of adultery, or, in other
words, without awaiting the lapse of
two years before filing proceedings
Under a law of 1907 adultery and
desertion were the only ground for
10 o1rr Irxx M -
IRENE cruelty. Desertion, under the
statute, must be willful, continued and
obstinate for two years. Extreme cru
city resulting in separation of husband
and wife was construed as construc-
tive desertion, being subject to the
limitation of the two-year residence
requirement The legislature intend
ed to reduce the period before filing
such suits from two years to six
months, and make extreme cruelty
direct cause for divorce.
In her petition, filed by Carl Alb
ruzzese of Newark, Mrs. Carosone
charged her husband deserted her Oc-
tober %. 1921, and the last act of
cruelty complained of was committed
March IA, 1922. Advisory Master
-Backes indicated that under the first
allegation the desertion would not
arise until October 2S, 1928, while
the extreme cruelty would constitute
such ground six months after March
IA, 1922.
Mrs. Carosone claimed to be a resi-
dent of New Jersey when the cause
for action arose and maintained a
home in this state when the suit was
filed April A last The petition failed
to state she had been resident for
the statutory two-year period. The
master held this to be essential to
sustain the action.
The master referred to the last
specific act of cruelty charged where
in Carosone, returning to the home
of his wife's parents, where the petit
toner had been residing, since the
desertion of 1921, without provocation
slashed Mrs. Carosone with a razor.
The woman was cut from the tip of
her nose to her right ear, necessitating
seventeen stitches, the scar disfgur-
ing her for life. Mrs Carosone, in
an affidavit, charged that Carosone
similarly attacked her mother and
brother, inflicting wounds requiring
stitches and soaring both for life.
The husband was defendant in three
indictments in Essex county in 1921.
1t is alleged he has fed the county
and has not been apprehended. Mar
ried by Mayor Gillen, the Carosones
subsequently went through religious
ceremony performed by a priest A
series of alleged cruel acts are recited
in the complaint, eliminating in the
assault of March IA, 1922.
Trees Along Highways
Governor Silzer outlined to Director
Henry B. Kummel of the State De-
partment of Conservation and De-
velopment his ideas for reforestation
in New Jersey, with particular refer
ence to identifying highways of the
state.
st has always seemed to me that
we are not doing our full duty in
New Jersey on the question of re-
forestration," said the governor 10
Dr. Kummel, "and | hope to inaugu-
rate some movement during my term
of office that will encourage this fine
work
Recently, requested the state
forester to take up with the State
Highway Commission the question of
having trees planted along the high
ways of the state, and plan work
ing in that direction is now under
way After seeing the beautiful trees
that line so many of the highways
In France, | wondered why we were
not doing something in this country.
The plan which have in mind,
and which is now under way. is to
have the state highway engineer give
the property owners the line upon
which trees are to be planted along
the highways. so that when improve
ments come trees need not be sacri-