COSTS AND FUSION

A friend of mine once remarked to me that the rich never legislate for

the poor but always for the rich, to which I retorted that the poor

never legislate for the poor but always for the rich. The Labour Party

is ready enough to attack any wealth which no longer exists, such as

the so-called wealth of rural land-owners, but will never attack a

really bloated Trust such as an international industrial company; nor

are they ever likely to make such an attack. (I took care to satisfy

myself on this point before buying shares in one such company.) It is

therefore improbable that even should the Labour Party obtain permanent

power it will ever try to make law cheap for the poor; and the only men

and women who have ever taken any steps in this direction are the few

who realize that the pillars of society repose upon a belief in equal

justice for all.

I fear that I can see no prospect for at least fifty years of law costs

being reduced either for the rich or for the poor. So far as the rich

are concerned, one might suppose that they would insist upon the law

being codified into some degree of simplicity so that two citizens

might be able to arrive at their legal rights by successive postcards

referring to different sections of the code. That is the Utopian

ideal once expounded to me by Mr. H. G. Wells; but as years go on it

becomes more and more remote. Popular government leads to the endless

complication of statutes; and even if these statutes were intelligible,

the increasing power of bureaucrats to make rules for themselves

becomes more and more profitable for the lawyers.

I presume that one day the poor man will be allowed to obtain justice

within reasonable distance of his home. It is remarkable that a large

number of muddle-headed persons who wish to subsidize not only the poor

man but also his childless widow and any number of children whom he may

wish to procreate, have never understood that he might like also to

obtain justice, especially in the matter of domestic relations. Poor

persons ought certainly to have as good a chance of obtaining a divorce

as they have of being married, and also to have a chance of defending

vexatious proceedings on the part of either spouse. It is monstrous

that husbands should be treated as they are now in the police courts,

and arrested for arrears of maintenance as soon as they have finished a

term of imprisonment which in most cases they would never have incurred

but for a deep conviction of injustice.

If the community ever becomes sufficiently enlightened to provide

justice for the poor, I think that they will probably adopt the

American example of what are called Courts of Domestic Relations.

The Secretary of the Divorce Law Reform Union has received some

interesting communications on these courts from Judge Lindsey in Denver

and Judge Hoffman in Cincinnati. Judge Lindsey’s testimony is as

follows:

“I am confident, after twenty-three years as a Judge of a

Domestic Relations Court in America――where I granted thousands

of divorces and heard other thousands of separation and

non-support cases and controversies between parents over their

children――that a liberal divorce law contributes to morality,

decency, and, in the end, the strength of the home; but I shall

probably have to write a book, based on my experiences, to

prove it. A short article or interview is capable of so many

misunderstandings and misinterpretations, even though it be not

wilfully done.

“The fact that in some western cities we have a great many

divorces does not mean an increase in immorality, or even an

increase in the breaking up of homes. It is often the very best

thing that could happen. Of course, it is our policy in this

Court to get discordant couples together where we can; but

there are some cases where we would consider it nothing short

of a crime to try to get them together, and on the contrary

try to get them apart, but all in the interest of morality and

decency.

“I am judge at this time of what is known as a separate,

special Court, in a city of nearly 300,000 people in one of our

western cities (Denver, Colorado). The State has a population

of about a million people; but my jurisdiction is limited to

its capital city, which has nearly one-third of the population

of the entire State. The western part of the State is very

mountainous and sparsely settled; the eastern part is mostly

arid country and at present without irrigation, being also

sparsely settled; but there are certain sections of the State

which are very good for agriculture and others rich in mineral

resources; and as a commercial centre, Denver is a delightful

and beautiful city, made up of the best people in the world.

“Last year we had in this city about 3,000 marriage licenses,

and about 1,500 applications for divorce, with perhaps not

over 1,000 of them granted. We have a city of excellent homes

and exceptional laws for the protection of children, and the

morality of our people is equal to that of the very best.

“I am sorry that we have not as yet completed the contemplated

report of this Court, which we expect to have printed. I am

hoping to have it ready in about six or eight months, and I

think it will be a volume that will greatly interest your

readers.

“This Court has jurisdiction over all children’s cases, and all

youths under twenty-one, all cases of non-support or desertion

of wives or children, and of controversies of parents over

their children, and practically all criminal cases where the

accused has committed an offense against a child. Thus, it

is a special tribunal for the _correction_ and _protection_

of children and some cases of domestic relations. We do not

now have the divorce cases proper, although I tried them for

seven or eight years exclusively. The reason for this is that

happily most of those cases are between couples who have no

children, and the divorce cases take up too much time from the

more important work dealing with children’s cases. However, in

a divorce case where there is a controversy between husband

and wife over the custody of a child, it may be heard, and

frequently is heard, in this Court. A Bill is now before the

Legislature which will practically require the hearing of most

of these cases in this Court.

“We have visitation and probation officers, medical clinics,

physical and psychological, which aid and assist us. The work

of this Court, in a word, is more that of a place of human

adjustment――adjustment of human difficulties growing out of the

relation of the sexes, married or unmarried. To my mind this is

the most important kind of a tribunal and ought to exist in,

say, ten or fifteen districts in London instead of the system

you have of dividing the work into many courts where none of

them are equipped as experts. An address which I delivered

nearly ten years ago still covers a great deal of my ideas on

the ideal tribunal of this kind.

“The budget of this Court for all its work in its various

divisions, last year, was about $30,000. I believe with

you that would be about £5,000 or £6,000. This includes

the salaries of the judge, the clerks, probation officers,

stenographers, visitation agents, specialists, etc. We heard

and disposed of about 3,000 cases last year at an expense

of about $10.00 per case (about £2). Perhaps in half of the

cases of domestic difficulties we were able to bring about an

amicable settlement and restore the relations in the home. In

perhaps twenty-five per cent. of them we were quite agreed that

no effort should be made to restore such relations unless we

wished to contribute to crime and immorality. Of course, in

most of such cases the old church view would be to persuade the

people to live together in a state of what to us is sin and

crime, but with the church is considered perfectly proper.

“When we have to send a youth to the State prison, jail or

reformatory, we send him by himself on trust and honour,

without an officer and without official restraint. Out of some

eight hundred thus committed in the last twenty years, we have

never lost a prisoner.

“We very seldom swear a witness in the Court, and seldom

take testimony. The cases are tried by what we call the

administrative method. For example, the wife will consult with

me one day, the husband the next, and then both together. I

could see a witness for either side at any time. We listen to

anyone who wants to talk, so long as they do not all talk at

once. We have no rules of evidence and no Court costs, and, as

a rule, no lawyers’ or counsel or solicitors’ fees. The judge

of this Court is a human adjuster of human difficulties without

cost or expense to the parties involved.

“Most of the people involved in sex cases come here voluntarily,

even though the cases may involve criminal offences. People

never lie to us, although it is very rare that they are ever

sworn to tell the truth. In most cases their own papers are

prepared by the clerks of the Court for both sides, without the

need or aid of lawyers or solicitors. I should say that in not

over one case in fifty does any lawyer ever appear. Of course,

if they wish to appear they have a right to, but, as a rule,

litigants do not want them because they do not need them. In the

saving of counsel, solicitors’, and Court fees for litigants,

many thousands of dollars have been saved, and other financial

savings during my administration have amounted to millions of

dollars, as can be shown by the records. There is, perhaps, not

an “exception” or an appeal――though that right is allowed――in

one case out of five thousand in this Court. In other words, it

is a Court of justice without any of the hampering hobbles that

make for perjury and crime in other courts, as we have found

from actual experience.”

Lycurgus · 第 18 / 24 题