Evening star., 1933-01-15
FRIENDLY DIVORCE
SCORED AS MENACE
BY i. S. BAR CHIEF
Martin Compares Conditions
With Russia in Appeal to
Woman Lawyers.
FAVORS DISBARMENT
FOR ATTORNEYS IN CASES
Declares Steady Growth of Broken
Homes Demands Attention of
American Civic Leaders.

Denoumcing colusion in friendly
divorces, Clarence E. Martin, president
of the American Bar Association, last
night declared that divorce by agree
ment in this country, while not so bold
and open an arrangement as in COM
munistic Russia, is nevertheless Just as
effective"
Mr.. Martin addressed the Woman's
pr Association of the District at din
fier In the Mayfiower Hotel and took
that occasion to urge them to seek a
solution of the growing divorce problem
In the United States.
He charged that wholesale collusion," !"
participated in by members of the legal
profession actually exists In connection
with many friendly divorce actions.
when uncovered, the divorce ought not
only to be set aside. but the attorney
should be disbarred," he added.
With reference to the steady growth
of divorce in this country. Mr.. Martin
told the woman lawyers that some Or
ganiZation composed of persons acute
to the needs of the public, with an
adequate intellectual background, must
undertake its solution.
Pleads for Solution.
Certainly you. who are concerned
both because it affects your sex and
your profession, are the ones to under
take its solution. which, if accomplished,
would be the greatest legal reform Of
the age. And. particularly. is this
thought applicable to you. living in the
Capital City Of the Nation, away from
the conflicting distractions Of State and
local influences he said.
In 1929. he added, Washington had
one of the country's best divorce rec
ords-5,624 marriages and. 142 divorces
or annulments, or about 40 marriages to
one divorce.
However, he continued, "as a side
issue fer your information" there were
178 marriage licenses issued ard 1852
divorces granted in Arlington County
Va. during the same year.
Speaking CT the so-called friendly"
divorce. Mr.. Martin said:
When cne approaches q discussion
OF the 6ivoTca action itself, ss distin-
g1iishsd from its causes. we are struck
at cnce with the fact that of the 189,-
363 divorce. GRANTED in 1890, 163, 800, or
a'mcst nine-teuth7 OF the cases were
uEccntest3d by the defendant. This
challenges at once cur attention. 1t
brings 10 the fcre the charge that at the
present time most divorce suits are the
result Of agreement or collusion between
parties prior TO the action-that, in
legal parlance, the sc-called action is
one IN name and not in fact and is a
fraud upon the cour-. Certainly We
know that, in any other character Of
case, when so great percentage of nom
contests exist, for some legal reason, a
friendly suit is pending. Nest of these
divorce suits are friendly proceeding in
that each OF the parties have agreed
ahead of time. Indeed, every lawyer Of
any experience has heard Of some case
where the defendant has furnished the
plaintiff with evidence. because evidence
there must be to satisfy the demands of
the law.
Held Just as Effective.
II this statement is true, and you
know 1t is, we have divorce by agree
ment OF the parties in this country,
which. while not so bold and open an
arrangement as in Communistic Rus
sia, is nevertheless just as effective. "
We have no means by which we may
prove that wholesale collusion exists,
but we know that it does exist and that
many members of the legal profession
are parties to it. 1t is not alone an un-
professional but an illegal act. When
uncovered, the divorce ought not only
to be set aside, but the attorney should
be disbarred. To say the least such
practices are not In accord with the
lofty ideals of the profession, to the
maintenance and vindication of which
we have consecrated our lives"
Among the invited guests were
Representative and Mrs. H. T. Rainey,
Representative Ruth Bryan Owen,
Representative Mary T. Norton, JUS
tices Charles H. Robb and D. Law
renee Groner of the District Of Colum-
bia Court of Appeals, and Mrs. Robb
Chief Justice and Mrs. Alfred A.
Wheat. Justices and Mrs. Jesse Adkins,
Joseph w. Cox, James M. Proctor, F.
d. Let's and Jennings Bailey of the
District Supreme Court; United States
Attorney and Mrs. Leo Rover, Annabel
Matthews, Mr.. and Mrs. Aaron Young
quist, Mr.. and Mrs. James Brown
Scott, Mr.. and Mrs. William p. Nc
Cracken, Mr.. and Mrs. George M.
Morris, William B. Valance and DR..
and Mrs. William T. Notz.