Detroit evening times. (Detroit, Mich) 1921-1958, 1943-03-14
Why Some
= Justice Seems
C0ckeyed
Ignorantia juris non excusat -
Ignorance of the law is no excuse

10 PROFESSION has much contempt for the
~ mere layman the law. Lawyers smile scornfuly
at the attempts of non-lawyers to figure out the
odd intricate and mysterious ways of Jurisprudence John
Q Citizen they feel ought pay handsomely for legal
advice but shouldn't venture make head tail
And indeed. John O. Citizen after some elementary
experience with the would be only happy
it all exclusively to the practitioners of the profession
But will the law leave him alone? Hardly. For it is
of the fundamental precepts the law that everybody
is presumed to know all about and ignorance is
For instance, if you've done something in the honest
belief that 1t was proper and lawful and it should turn
out otherwise you can't plead defense that
mistaken even though the point which you erred be
complicated that judges of the highest court differ
An excellent example of what may store for you
the decision by the United States Supreme
about Reno divorces which still has judges and lawyers
gasptng
Lille Shaver Hendrix went to Reno they divorced
their respective spouses and then married each other in
Nevada.
They returned to their home state settled down
and wife and preparing for house-warmng when
unexpected guest arrived. He the sheriff with
warrant for their
They before Judge and jury insisted upon
the legality what they done guilty
of bigamy. And a penalty their error Williams
sentenced to three to 10 in the prison
at hard labor and the he believed to be his law
fully welded wife to three to five years.
They appealed. The Supreme Court North Carolina
four judges sitting upheld their conviction and noted
There is why the defendants belief
marriage has been dissolved when in fact it has
been under the laws of this state should ecacous
a defense"
The Judges in affirming the convictions declared that
had been clearly established long line of
decisions of the United States Supreme Court
could accept reject the divorce DEGREES
state These decisions they said gave North Carolina
well any other state the power to regulate all phases
OF the marriage and divorce OF its inhabitants and thus
while the two defendants may be and wife Nevada
they bgamists North Carolina where their Reno
DEGREES invalid.
And so the matter taken to the United States
Supreme Court where the received the most mec
lous attention. Three separate opinions given
bV
admitted freely that North Carolina followed the
law it laid down in numerous precedents of the
United States Supreme Court itself going back
than 35 years
But Justice Douglas prevailing opinion admitted that
the former judgments that great jestic tribunal
affecting Reno divorces were mistaken and should
be aside 1t specifically oyerrued what in its views
were the erroneous former determinations laid
a brandnew law in the matter Of Reno
In effect, said that Nevada a member of the
Union good standing Carolina That Nevada
had the right power make any laws it saw fit on
the subject OF divorce That the wasn't interested
whether these laws were lax harsh But a citizen
went 70 Reno and complied with all the regulations gov
ernlng divorces such decree good not only in
Nevada but IN every state Of the Union including
Carolina This had to be it pointed out under the
famous "fu faith and credit" doctrine Constitution
which says that each state shall honor the Judgments
DEGREES OF another
The majority held therefore that Williams and Mrs
Hendrix properly divorced and validy married even in
their home state Of North Carolina ordered the con
vctons set aside and the annued The couple
were thus restored 70 the status Of honorable citizens
But Williams and Mrs Hendrix were s,Ipposed To
kno" what was the correct legal thing Their was
ia the courts for than two years during which they
didn't o" whether they were honorably pros
pectve laflbirds.
The law about Reno divorces however is far from
clear yet despite the decision concecdlv tho most
important pronuSncement in matrimonial law in genera.
tion.
u is unanimously agreed by everybody Judges legal
scholars and lawyers that the situation win he cleared
up only when the United states Supreme Court rules again
ia similar and explains just what meant IN this one
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