BY KELLOGG DURLAND

[Reprinted from Boston Transcript]

The domestic relations court which was established in New York city

exactly one year ago has already taken its place as a permanent

institution of the city. The tremendous work of this court arouses

wonder that the idea had not been adopted years ago and that it is not

more widely emulated in other cities throughout the country. Chicago

and Washington are the only two other cities where similar courts

exist, and even in these cities the jurisdiction of the courts is not

quite the same as in New York. There are two domestic relations courts

in New York city, one located in East Fifty-seventh street in the same

building with a magistrate’s court and a municipal civil court, and

serving the needs of the residents of the two boroughs, Manhattan and

the Bronx; the other is in Brooklyn, administering to that section of

the greater city.

The domestic relations court is essentially a poor man’s court. In

its prime office, indeed, it partakes of the nature of a conciliatory

court, similar to the conciliatory courts of France, through which

all domestic difficulties pass before any divorce or other serious

case involving domestic infelicity, abandonment or non-support can

enter the courts proper. Like the judges of the conciliatory courts

in France, the judges of the domestic relations court in New York are

chosen for their tact, patience, knowledge of mankind and sympathy

with the frailties of men and women. Every case that comes into the

domestic relations court these judges first try to adjust without legal

procedure.

In the next instance the domestic relations court is a woman’s court.

In almost every case that has appeared here the complainant has been a

woman. It is not more than once in several months that a man appears

as a complainant in this court. This is, of course, largely owing to

the fact that man is not usually dependent upon his wife for support,

and even if deserted by his wife a man is not likely to be exposed to

hardship and suffering as is the case with a woman. Furthermore, this

court has no power to grant divorces. It merely adjusts differences,

punishes abandoning husbands, and advises separation when separation

seems the only wise course, and determines the amount of money that

the man must contribute towards the support of his wife, children or

other relatives. The law under which the domestic relations court was

established provides that to this court “shall be taken or transferred

for arraignment, examination or trial, or to which shall be summoned

all persons described as disorderly, all persons compelled by law to

support poor relatives, and all persons charged with abandonment or

non-support of wives of poor relatives under any provision of law,

conferring upon magistrates summary jurisdiction or the authority

to hold for trial in another court.” The law further provides that

“the commissioner of public charities shall establish and maintain

an office of the superintendent of outdoor poor in or convenient to

the building in which is situated the domestic relations court.” This

latter provision is to insure the supervision over delinquent husbands

and also to provide against any miscarriage of support money. In other

words, it is a sort of clearing house and controlling office after the

case has passed through the domestic relations court.

The functions of the domestic relations court in New York, therefore,

are clearly defined and extremely limited. In Chicago the domestic

relations court has a much more ample scope, for it has jurisdiction in

any of the following violations of state laws: Abduction of children

under twelve years of age, abandonment of wife or child, bastardy,

improper public exhibition or employment of children under fourteen

years of age, contributing to dependency or delinquency of children,

violation of all laws relating to child labor, violation of all laws

relating to compulsory education and truancy, climbing upon cars by

minors, permitting minors to gamble in saloons, permitting minors to

enter dance halls where intoxicating liquor is sold, sale or gift of

deadly weapons to minors, having or procuring intoxicating liquors

for minors, sale of tobacco to minors. And also the Chicago court

has jurisdiction over violations of the following city ordinances:

sale of cigarettes to minors, sale of cigarettes within 600 feet from

schoolhouse, gathering of cigar refuse by minors, sale of tobacco

to minors under sixteen years of age, sale of intoxicating liquors

to minors, purchasing of intoxicating liquors by minors, obtaining

intoxicating liquors by minors by false pretences, sale of materials

saturated with liquor to minors under sixteen years of age, giving

samples of intoxicating liquors in bottles or otherwise to minors,

gambling by minors in saloons, jumping up on moving cars by minors

under eighteen years of age, employment of minors under sixteen years

of age in pawnshops, receiving pledges from minors by pawn brokers,

sale of deadly weapons to minors. Thus it is apparent that the Chicago

domestic relations court is almost a combined children’s court. If the

jurisdiction of the New York court were anything like as large, the

calendar would be constantly glutted, and cases would have to wait as

long as cases on the Supreme Court calendar must needs wait now. As it

is, the domestic relations court handles all of its cases promptly,

although it is perhaps the busiest court of the city, owing to the fact

that the docket is cleaned up every day.

The two judges who sit in the Manhattan court are Magistrates Harris

and Cornell. Each magistrate sits fifteen days alternately, then five

days in one of the regular criminal magistrate’s courts, and then

ten days holiday. Under Judge Harris and Judge Cornell the domestic

relations court experiment has been tried out and proved successful.

Under these two magistrates there has been established a progressive

procedure in regard to husbands who refuse to live with and support

their wives and families. When a woman appears in this court the judge

listens to her story and if he feels that there is ground for action

or need of legal interference, he will issue a summons which is really

a legal form of request to the husband to appear in court on a certain

day. The wife is then told to come back on the same day. If the husband

appears in response to this summons, all well and good.

On the other hand, if he fails to take cognizance of the summons, a

warrant is issued for his arrest, and he is brought to court willy

nilly. When the moment for trial comes, the woman is put on the

witness stand and after being duly sworn, proceeds to tell her story,

without let or hindrance. If the corporation counsel happens to be

present he represents the woman, and the defendant is entitled to

counsel, although most of them are willing to tell their side of the

story and abide by the decision of the judge. In the absence of the

corporation counsel the presiding magistrate questions the woman, not

in a hostile way at all, but with the idea of drawing from her all the

facts which shall enable him to attain a wise decision. When she has

finished the defendant takes the stand in the usual way and the judge

questions him with a similar desire to elucidate the trouble. If the

case is flagrant it is within the power of the court to sentence the

man to the workhouse for a period of not more than six months. Many

women urge that their neglectful husbands be sent away, but it is in

this connection that the law is perhaps not all that it should be.

If sending a man to prison provided his wife and children with bread

and butter and rent it might frequently be a good thing for society

in general and the family in particular to have the man locked up.

Unfortunately, a man sent to Blackwell’s Island for six months is

obliged to do work for the state, but this precludes all possibility

of his contributing to the support of his family during the period of

his incarceration. Furthermore, the law will not allow the prosecution

a second time of a man who has just served a term of imprisonment for

non-support or abandonment within one year of the first prosecution,

so that if a woman asks the court to lock up her husband and the court

complies, that woman voluntarily surrenders all legal right to take

further action against him or collect money from him for a whole year.

There is an agitation just now to have the state pay a prisoner for

the work he does during his term of imprisonment and have the money

forwarded to his family. This surely is a wise and reasonable provision.

If the court stipulates that a man making nine or ten dollars a week

must contribute three dollars and a half or four dollars a week to the

support of his family, that man is either placed on probation to one of

the two regular probation officers attached to the domestic relations

court, or he is placed under the supervision of the department of

charities, alimony division. Money to be paid through the department

of charities is regulated in this way. The defendant is instructed to

bring or send the stated amount to the office of this department, at

the foot of East Twenty-sixth street, a certain day in the week, and

then the wife or whoever is to receive the money must call in person

the following day and, upon accepting the amount, is required to give

a receipt which is duly sent to the remitter. These receipts often

figure in court at a later date as evidence of the amount of money

which has actually been paid by the payee. It frequently happens that a

man will contribute faithfully for several weeks and then payments will

cease. In some instances this secession of payment is for a legitimate

reason--the man may be sick, or may have lost his position, whereupon

he is given an opportunity to explain in the court the reason for his

delinquency. When the wife appears in court and tells the magistrate

that her husband has become delinquent, the clerk of the court sends

out a printed form which reads as follows:

Dear Sir--I have been informed by your wife, So-and-So,

that you have failed to comply with the direction of the

court to pay her----so much----per week. I desire to inform

you that unless the direction of the court is complied with

at once, a warrant will be issued for your arrest and you

may be compelled to furnish a bond to insure the payment of

the said money for the support of your family.

Respectfully,

If the man appears in court in response to this notice, all well and

good, otherwise he is arrested by an officer and brought before the

judge to explain his failure to comply with the direction of the court.

The work of the domestic relations court is constantly increasing as

the functions of the court are being more widely heard of throughout

the city, especially among the foreign population. The largest

number of cases that come before this court are classified under the

nationality of Russia. There is an injustice in this classification,

however, inasmuch as the “Russians” are 99 per cent. Russian or

Polish Jews. Very many of the cases brought by the Jewish women are

extremely difficult to handle owing to the fact that the desertion

has oftentimes taken place in Europe. A man living in the ghetto of

Warsaw or Bialystok or Wilna will decide to come to America to seek

his fortune. Not having money enough to bring his wife and family, he

starts out alone leaving behind him the assurances that he will return

for them, or will send them money to bring them over. As a rule two or

three letters at least are sent back to the old country, containing

money orders for little sums of money, then the letters will cease.

Sometimes the wife waits for four or five or six years before in

despair she sets out in quest of her husband. Sometimes she finds him

married to some American woman or some woman he has met over here, and

then she goes to court with her trouble. The law here is confronted

with the situation obviously impossible to handle with equal justice

to all parties concerned without working hardship somewhere. The wife

from the Old World with her children certainly has first claim upon the

man, but at the same time the wife whom he has married here has perhaps

married him in good faith, knowing nothing about the other family, and

so have her children been born.

The Italians are the second largest nationality in the classification

of the domestic relations court cases. The Italians are very apt to be

disorderly persons. They are hot tempered, quick to strike and a great

many times an Italian wife appeals to the domestic relations court

because her husband has been cruel to her and struck her, and this

court is obliged to send her to the magistrates court in order that

her husband may be treated as a disorderly person. In justice to the

Italians of Northern Italy, it should be stated that it is very rare

to find an Italian in the domestic relations court who originally came

from any province in Italy north of Rome. The great mass of Italians

who get into this court are Neapolitans, Calabrians and Sicilians.

The third group are from Central Europe, Hungarians, peoples from the

Balkan states, Galicia and other provinces of Austria. The French

rarely are obliged to appeal to the domestic relations court. The

French are naturally a home-loving people, and anything like a domestic

break is rare among them. Only two or three times since this court was

established have French couples been obliged to appear there. A great

many people classify themselves as Americans when as a matter of fact

they are foreign born, so that the figures in regard to the number of

Americans in this court are misleading. Negroes, however, turn up here

in great numbers. Colored men often have no sense of responsibility

whatever and they are constantly forsaking their wives and families or

going off with somebody else’s wife. The excuses offered by colored men

who are haled into this court are often very amusing.

For the most part, however, this is not an amusing court. The long

line of people who press before Judge Cornell and Judge Harris day

after day, is for the most part a sordid, hideous line, and the tales

the complainants tell fill one with contempt and sourness toward

humanity. The domestic relations court offers an even seamier picture

of life in this city than the magistrates courts. While it is true that

occasionally a family of the better class makes appeal to this court,

for the most part the clients are illiterate and very poor. A very

large per cent. of the cases that are brought here are people who, if

abandoned, would become public charges. That is why the state interests

itself to the extent of providing a counsel for complainants, in order

to protect itself from the burden of caring for helpless women and

little children, whom some individual has simply deserted. There are

people who pretend to find amusement in the rehearsal of the marital

woes of the poor. To be sure, occasionally a case turns up with its

funny side, but to me the recitals are heartbreaking and dreary.

In the state of New York the failure of a man to support his wife,

if there are no children, the crime ranks as a misdemeanor, and six

months in the workhouse is the maximum penalty which can be imposed

upon him. The domestic relations court, in specializing on this phase

of law, will undoubtedly lead to certain reforms and amendments to

the existing law tending ultimately to develop a system of domestic

relations jurisprudence. It is a great boon, as it stands today, to

suffering poor women. Any woman without a dollar in the world can walk

into the domestic relations court, tell her troubles to the clerk of

the court, and then if her case is a worthy one, she is within a few

minutes placed on the witness stand, where she can repeat the recital

to the judge. The whole proceeding of bringing her husband to the

bar of justice and getting the court to forcing him to provide for

her is speedy and absolutely without cost. A woman under our present

system of life ought to have a court of this kind in which she may take

refuge, because the world at large is, at the present time, so unfair

to women. A woman can serve a man for years, bear him a large family of

children, and suddenly be deserted and left with the burden of support

for herself and family on her. If her husband is faithless, all she

can do is to appear before the supreme court and apply for a divorce,

but in this domestic relations court the judge will make her husband

contribute to her support and to the support of his children.

Drink is frequently at the bottom of domestic troubles, but not nearly

so often as most people would think. Drink, especially whiskey,

frequently makes a man irritable and quarrelsome, which leads to family

rows and frequently to disorderly conduct. The greatest number of cases

that come into this court are against shiftless, worthless, idle men

who seem to belong naturally to the submerged tenth. One day this week

I sat with Judge Cornell for an entire session of the court and the

run of cases which appeared that day gave ample indication of the tone

of the court. One case was of a colored girl who has been married less

than a year, who had brought her big black husband into the court to

explain why he had abandoned her. The explanation was frankly given.

He was so accustomed to living with white women, he said that he

could not bring himself to live any longer with the wife of his own

color. He was bonded to pay his wife $1 a week. Another woman, neat,

pretty and intelligent, a California girl, not yet twenty, had had her

husband arrested because he insisted that she go on the streets and

make money, not only for herself but for him, as a public prostitute.

An Irish woman complained that her husband who made good wages drank

it all up. He countered by stating, under oath, that his wife was an

habitual drunkard, which made no impression whatsoever on the court,

because the woman was particularly prepossessing and without a single

incriminating mark upon her. There were the usual number of Jewish

women whose husbands had simply gone off saying they would have nothing

more to do with them. And one or two Italian women, with small babies

in their arms, whose husbands had got angry with them and put them out

of the house or struck them.

It is a miserable, pitiable phase of life that one sees in the domestic

relations court, but that the court is so overworked, so constantly

busy, is justification enough for its establishment and indication

that any large community requires some such institution to placate

and bring together men and women, husbands and wives, whom oftentimes

trifling difficulties are about to separate, and to make it impossible

for husbands to desert their wives with impunity. That there should

be only three such courts in this country is a striking commentary

on the life we lead when it has been proved and demonstrated so

extraordinarily by the domestic relations court in New York city that

the need is so great. A visit to the domestic relations court will not

insure a pleasant afternoon or an amusing hour, but it will prove an

enlightening experience.

The Review, Volume I, No. 9, September 1911 · 第 10 / 13 题