The San Francisco Call. Newspaper, January 14, 1906, Page 14

THE SAN FRANCISCO SUNDAY CALL seate er th t from the presence of the Judge t 14 open the room door . reconciled wife and his boy he fixed or for from to several minutes reflec- s a sad case, but the sor m unfortunate ope that it will happiness of their t served ion Let's go Francisco his ¢ thelr reguiar presiding Judge of the Su the frequency with ame is menti with divorce ca: ny to belleve that thos are his specialty. In a ey are, for nothing appeals more strong iis Henor's finer sensibilities troubles of the men ss for real and court receive Fine ned by as no marital g f - equent occurrence for et ¥ a recess during the prog- - . to ourn to his cham- . use his best offices in an g concile aq eling husband i 3 X who are apparentiy m in . ¥ ation to separate for life. = & - he fails in his task and the E eturns to his court to fight out w 5 uities and a decree of divorce nted. In other cases— re quite an extensive d department, Judge ous methods of argum . th it much nd advice, er the ruffied feciings of th nd and wife, who, in each other's embrace, renew their pledges of love and leave the Judge's cha with the tr lesome past for more frequently the case where - concerned, the existenge of e Graham uses in his argu- ly peace. It was just such demanded the Judge's atten- n last Several this Il-meaning lawyers to i of the parents of boy had utterly failed Judge stepped into the breach. ympathy for the husband and the thelr troubles had been greatly augmented by -his interest in the son, with whose childish influence he event- ually succeeded in bringing together the ! parent e 1 was a spectator in Judge Graham's court that morning and after he had ad- ed court and gone to his chambers I sought him out and talked with him r an hour regarding the perplexing tion of divoree, “There is need of more stringent laws ntly g N childre which Ju ment for a case vinity doth hedge a King.' If the intes- ests of abandoned criminals are so seal ously guarded, why not protect the home and the marriage tia, which is the foundation of civil soelety and the sta~ bility of all civilized communities? “It is up to the citizens of the State te fmpress upon those who contemplate di- vorce proceedings that the marriage re- sponsibilities can not be shaken off with impunity and when this is accomplished there will be a better understanding be- tween the parties to marriage contracts and the men will be better husbands and the women better wives of necessity, for g m 14 said he, ““and more necessity is a powerful master in com- greater discretion 1 the part pelling parties to obey Its Imperative J es, who, in the course of tneir mandate. ). to deal w the in- “I have learned from my four years’ g t le ‘cases of this character that experience on the bench that the oppor- 8 " ¢ before them. During my compar- tune time for the court to step in and - short career on the bench in this exert its kindly influences in behalf of the parties seeking a divorce is when the cause comes up on questions of ali- mony and counsel fees. Then the court the most resorted to by those seekin® gup 'in a measure, try the case in so far separation. as gleaning a pretty correct idea as to “In_wiilful desertion-all that Is meces- juce what real differences exist between had ar ed hin me a deep for the husband and wife, es- ose¢ of families, who have come court charging each other with nses If the Judge will analyze the characters of these{_ people he will often discover that their wrongs have becn greatly magnified and that possibly their going to court is the It of some outside influence. Let him weigh the testimony adduced very care several times and then probe into the early history of their married life and it will often be discov- ered thaj some trivial thing—a cross worc indiscreet act, that might eas- ily have been forgoiten, or the inter- g influence of a relative or a, busy- body friend—was respomsible for the widening of temporary breach into a vermane: When, during the prog- ress of the divorce proceedings, the Judge discovers that the husband and the wife are preparing to flaunt to the world all their private affairs with an invective- ness that naturally develops with crim- inations and recriminations in such ie for him to lating power to adopt & suitable measure, which will, to some extent. stem the tide of divorce suits that are flooding the calendars of the local courts. “In 1901 the Legislature, with the bést of intentions, passed a law prohibiting divorced persons from remarrying in this State within a period of one year after their divorce had been granted. It was expected that this law would have some deterring effect on people who. for the slightest cause, seek redrdss for their differences in the divorce court, but the recprds show that it in no way reme- died the evil, for all a party had to do was-ta cross the line inte Nevada, where he or she could immediately re-enter the sary for the party to establish, in order to ebtain a decree. is the fact that either spouse has abandoned the other, ‘will- fully and with ghe intention to desert,’ and one witness' testimony to the effect that the parties to the proceedings have not lived tcgether for a period of one year suffices to gain for the plaintiff the prayed for decree. It is the law of the State and must be followed by the courts, no matter what views the Judge may eutertain in the matter. .There are Instances where the Judges have sent for a defaulting spouse;” where it was seem- ingly apparent that a eollusion existed, and it bas been no uncemmon thing for the lattcr to admit that husband and wife sat down together and deliberately agreed upon a separation, for reasons that would find no justification in a civil court. the husband and wife, and possibly, with a little good advice, show them the er- ror of their way. In many Instances, and in almost all the cases where a recon- ciligtion has been accomplished in my court, the successful turn was made during settlement of the alimony ques- tion. If this issue goes to trial and ome or tha other parties to the suit discloses ais or her domestic relations to the pub- llc, tie one becomes bitter toward the othe d reconciliation is impossible. “Children invariably, according to my personal observations, sway a wonderful influence in a diw proceeding. This fact was only recently demnonsirated in my court when a man, an excellent craftsman of this city. came before me to answer the complaint filed by his wife, The couple had two .eautiful childrem. When the parents entered the courtroom erfere. almost infin tc. lea marricd state. Again, in 193, another “I mercly mention this to illustrate how one of the children rushed into the arms law, proviuing for an interlocutory de-' ¢asily a man or u woman may grafify of the father, and the other, while show- - - v g the rather the contending p: B0 e e cree, was adopted. The purpose of this his or her caprices by reason of the ing the same degree of affeetion for the his head of their ever coming together law, as I understand it from those who Weakness of our laws. During the last father, turned her sympathics toward the % his chest abandoned. fathered the bill, was tc¢' give the par- Lesgislature Mr. McCartney of Los An- mother and fond aressed her. It was & ‘Let the Judge bring the husband and ties seeking a divorce within a year am- 8¢les sought to discourage collusion in a beautiful illusiration of ehildish de wife together in the court, at some time ple opportunity to observe the evil cf- divorce cases by introducing a Dbill votion and so deeply impresseq the K when curious are absent, or in his fects and terrible consequences which Which, by the way. was defeated. It father and mother that it on.y needed oy Chnmby where they are beyond the usually flow' to either spouse when sepa- Provided that in cases where the de- a few words of encouragement from the es < prying eves, and give them a sensible tated; also to glve them a chance of fendant defaulted after being duly served court to bring the parents together. re- P words talk. 1 heir young chlidren there carefully <welghing and considering the With a summons the court should ap- coreciled for the balance of their lives it Iz possible and see what wonders can be worked in the majority of cases of discord. I speak from experi- ence and T am really proud of what I have achieved by this course, of which you had an illustration this morning. it was that man.; 1 fellow uat [ called to the beneh that was the real differcnces that prompted them to enter Point counsel to aid the Judge in deter- “In afother case a husband accused his the divarce court and possibly cause them Mifilng whether or not there was any wife of uneleanly habits which he al. to finally relemt and have the divorce DPrearrangement between the plaintiff and leged caused him great mental worry. proceedings quashed. defendant in the case. I believe that this The wife, who was a comely woman and “I have personzl knowledge of a num- Dill wWoyld have worked much good. for showing evidences of hard dally ftofl told ber of cascs where this law worked a it has/bcen my experience In the trials on the stand how heavily she was b\;r beneficlal result and there is mo doubt of divorce ¢ that elther spouse IS demed with household “uties and how that other Judges on the local bench can 1ot so apt 1o fabricate in the presence of hard ghe had to labor at the sthkubol' factor in' the reconciliation which was recall a number of cases of a similar ,the defendant or the latter’'s representa- keep her children clegn and tidy 'n.: - are effected. With tears dampening his pale character that have come under their tive while 1 court and ufidér the appearance of the latter corroberated the whe would Ik cheeks and his veice trembling With ayowed determinauon 1o separate, and 1 mented by one from the, or some close personal notice. Even this beneficent Solemnity of an cath. statements of the mothe~. and in fact e tome of the vojce t1 ¢motion he toid me that his lifc would jad almost abandoned ‘that hope when friend, to return that woman to her home law, however, has had only 2 very re- “In cases where men or women are ar- the truth so aftecied the husband that he AsShemment fi'me' cxpresses the forever be one of sorrow if his mother that little fellow rose in his seat beside a happy wife. The end was happily ac- mote effect in diminishing the number of rested for criminal offenses against the. rose in my presence and uhume{u\ly‘ ask- ; A'(:s‘.ur to be alone with the boy and father were parted, and begged me his mother this morning and displayed, complished. divorce suits that are daily filed with the law or society, the very first question ed that the sult dism!ssed." 9 5 pare most piteously to be ‘a good Judge' and in his innocent way, his disposition to *“As I said before there is need of County Clerk. The question therefore that is propounded to them by the Judge “It takes paticfice and a great deal " enty m - Hermed who bad 5o not give them a divorce. I would have intercede in their behalf. more stringent law regarding divorces. arises as to what remedy for the ex- when they are arraigned fs whether they time,” remarked the Judge, as our cn:- ¥ .“',‘ drawn from the court- rather returned to private life than to “When I saw the expréssion on his The great number of separations that isting evil is within the reach of the peo- are represented by counsel, mnd If they versation continued, “but the time and ight have, had they loitered on: have disappointed that boy. For three father's face as the youngster returned have been granted in this city during the bple. There are six different grounds by are not it is the duty of the court, un- perseverance sometimes necessary in the , seen }he fa d mother weeks I had becn deferring the case of to his mother I knew that the former past few vears has aroused the people Which divorce may be obtained in *Cali- der the law, to immediately select the adjustment of these unhappy affalrs is ght little !»w) coming out of his father and mother, hoping that some- had relented and that it would need but to such a degree that they have, from fornia, and of these the charges of will- ablest legal adviser he can to safeguard almost always well expended. Generall: apamis court. As hey made thinx wou'd mike them change .acir another appeal from the som, suppe- tme fo time, demanded that the legls- ful meglect and of wiliful' desertion are the defendant's interests with ‘such di- they bear fruit of a perpetual '?"""! utes later