Reno - a Book of Short Stories and Information Part 10

"DEAD CALM IN POLICE COURTS ON SAt.u.r.dAY"

"Police court was absolutely deserted yesterday morning, not a single case appearing on the docket to mar the serenity of the day. Reno's night police found the citizens unusually well behaved all night long and were not required to make even one arrest during the twelve hours they were on duty."

The fact that the people do not show much hospitality to undesirables, not even the hospitality of their jails, may explain why the little city is so calm and peaceful, and its police not overworked. The following clipping will indicate what happened to undesirables:

"THREE MEN ARE TOLD TO GET OUT OF CITY"

"Population of Reno Dwindles, Following Session of Judge Bryson's Court"

"Charles C. Stewart, James Joyce and John Burke were picked up by the police on Commercial Row Wednesday for disorderly conduct. Judge Bryson's police court was still in session and the men were arraigned immediately. All three pleaded guilty to the charge and for the best interests of the community were given until 10 o'clock Thursday morning to get out of town."

[Ill.u.s.tration: View of Nevada University Campus]

I had the pleasure of being a guest at the "Military Ball" in the University of Nevada, at which the Governor, his staff and many state officials were present, and was very much impressed by the fact that Nevada's statesmen, like the State, are comparatively young. The Governor did not look a day over thirty. They were a fine looking lot of earnest, una.s.suming, democratic Westerners. I do not know when I have seen a prettier picture than the one I saw when I looked down from the balcony upon that splendid a.s.sembly of glittering uniforms, beautifully gowned women, and handsome young students, amid fluttering flags and gay music. As I looked on, I could not help thinking of the pioneer ancestors of some of these ill.u.s.trious sons and daughters of Nevada, who had crossed the plains in the early days, and I wondered what they would have to say of this brilliant array, and of the magic, modern little city of Reno and its people, if they could peep from behind the curtains of yesterday! I am sure they would be more than proud of both!

I fully expected to find living in Reno unusually expensive, but was agreeably surprised to find that one can live there even more reasonably than in the East. The prices are not extortionate at all, there being no specially made rates for "visitors," and the people are neither grasping nor selfish.

I have found the people of Reno charming and interesting and it has been a pleasure indeed to get a peep behind the scenes of this romantic little city, and above all, I have found everyone fair and courteous in every way to those who are to become citizens of their town.

PART 6

NEVADA DIVORCE LAWS

"The History of Nevada," published in 1913, Sam P. Davis writes as follows:

"The unenviable reputation, throughout the length and breadth of the land, in regard to the divorce law, has heaped ignominy on the State of Nevada. A few unscrupulous members of the legal fraternity, little better than outcasts at home, have come to Reno and besmirched the good name of a great State by their activity in converting into pernicious channels a law originally intended to give relief to mismated couples who could not travel the matrimonial highway in peace and harmony.

"The divorce law of Nevada was enacted by the first territorial legislative a.s.sembly in 1861. The law was good enough for Nevada and gave general satisfaction until its exploitation for purely mercenary motives began.

"Twenty-two States have practically the same divorce laws in force on their statute books, with the exception of the provision regarding residence. Until this year, Nevada required only six months'

residence, but that had to be clearly established before action for dissolution of marriage could have any standing in the courts of the state. The residence had to be absolute, without the lapse of a single day except where good and sufficient reason could be shown, and to the entire satisfaction of the trial court.

"Six months' residence was also necessary for citizenship in Nevada and enabled a man to exercise all the rights of a citizen. Therefore, it naturally follows, that he could prosecute a divorce, or any other kind of a suit, in the State of which he was a citizen.

"In order that the reader may reach an intelligent understanding of this much mooted question, the statute on divorce is quoted in full:

"Divorce from the bonds of matrimony may be obtained * * * for the following causes:

"First--Impotency at the time of marriage, continuing to the time of divorce.

"Second--Adultery, since marriage, remaining unforgiven.

"Third--Wilful desertion at any time; of either party by the other, for a period of one year.

"Fourth--Conviction of a felony or infamous crime.

"Fifth--Habitual gross drunkenness since marriage, of either party, which shall incapacitate him from contributing his or her share to the support of the family.

"Sixth--Extreme cruelty in either of the parties.

"Seventh--Neglect of the husband for the period of one year, to provide the common necessaries of life, when such neglect is not the result of poverty on the part of the husband, which he could have avoided in ordinary industry."

"As the law governing the term of residence, to acquire citizenship, which obtained in Nevada for half a century without causing even pa.s.sing comment, has been taken advantage of for mere mercenary motives, the unanimous verdict of a righteously indignant people went forth that the law should be amended, in some way, to correct the evil. Thus at the last session of the Legislature the time required to obtain a residence before obtaining a divorce was changed from six months to one year.

"If some sister States are stricken with remorse or find themselves in a sudden paroxysm of virtuous indignation, let them pa.s.s a law and enforce it, correcting the evils complained of at home, which will keep their divorces from coming to Reno-Nevada does not want them. If they persist in coming, let their home State enact a law which will make a divorce decree obtained in Nevada, void and of no effect whenever and wherever said divorcee sets foot within the borders of the home State. When other States enact and rigidly enforce some such drastic measure, the West will begin to have some regard for their particular brand of virtue. Until then, the West may be pardoned for believing that cant and hypocrisy often join hands with the lawless element and make a grandstand play for political effect.

"Economic conditions in the West are vastly different from those in the East. Nevada is a spa.r.s.ely populated country, and it is not considered to the interest of the State to hedge about too closely the road which leads to citizenship. Anything which may have a tendency to obstruct immigration or turn it in another direction, is conceded, in this neck of the woods, to be unwise statesmanship. The State has a vital interest in securing and holding as large a population as is consistent with her rapidly increasing resources; always keeping steadily in view the fact that none but desirable citizens are wanted.

If, however, the other kind come, as they sometime do, Nevada is ready to cope with the situation, as many of that cla.s.s can testify from personal experience.

"Nevada is a veteran of the Civil War, having been organized as a territory in 1861, and admitted as a State of this glorious Union in 1864. No soldier on the field of battle ever made a more gallant defense of his country than did this "Battle Born" State during the trying times of the war. What she lacked in men was made up in money.

Nevada was baptised in the blood of the nation and paid for her baptismal rite in a flood of gold and silver. With this flood of gold and silver, she saved the commercial honor of the country. This gold and silver paid the armies of the Civil War, averted national bankruptcy, and enabled the Government to resume specie payment in 1873.

"Those were dark days in the financial and political history of the United States, and Nevada, maligned and despised as she is today in some quarters, was the savior of her country in that most critical period of her history. The State that furnished the sinews of war should have some standing in the hearts and minds of the American people, even if Republics are ungrateful.

"From the best information at hand, it would appear that the mines of Nevada have yielded the enormous sum of two billion dollars during the past fifty years. Of this amount it is conceded that the Comstock alone produced fully one-half. The figures are given in round numbers, but are considered by mining men who are posted in such matters to be conservative. Thousands of discoveries, many of them marvelously rich, are still being made all over the state, in hitherto unknown and undeveloped territory. Besides gold, silver and copper, immense deposits of salt, borax, lime, platinum, sulphur, soda, potash-salts, cinnabar, a.r.s.enical ores, zinc, coal, antimony, cobalt, nickel, nitre, isingla.s.s, manganese, alum, kaolin, iron, gypsum, mica and graphite exist in large quant.i.ties.

"Proudly conscious of her strength and probity of character, great big-hearted Nevada looks down from her lofty pedestal and freely pardons all who may have misjudged her. This is Nevada's record. Match it, if you can.

"The impulse which inspires a desire for a dissolution of an intolerable matrimonial alliance, is as fundamental to human nature as the one which inspires a desire for marriage, and is oft times far more moral. Therefore, to require the commission of immoral and degrading acts on the part of one of the parties to a marriage before a divorce can be granted, regardless of why it is desired, places an unwarranted premium upon immorality, and degrades society equally as much as it does the one committing the offense.

Not only does this policy of the law foster immorality, but immorality increases in proportion as the law becomes more drastic. Surely, the Nevada law is more moral than that of New York, which permits divorce for adultery only. New York has the most drastic law of any of the States; as a consequence it has in proportion to the population, about seven times as many proven cases of adultery as any other State. There are nearly four times as many such cases there, as in the neighboring State of Pennsylvania. This is not because the good people of New York are so much worse than their neighbors, but because the law requires that residents of the former State, who desire divorce, commit adultery; unless they have the time, money and inclination to go to Reno.

The effort to compel men and women to live together against their own free will, which is the purpose of stringent divorce laws, has caused even more immorality inside of marriage than it has outside. Immoral conditions are never so dangerous as when they exist in marriage. And besides, the fundamental policy of our laws which not only permits, but requires an investigation of divorce causes, is highly productive of evil. Many of the divorce cases in New York are simply food for a set of morbidly curious scandal-mongers. Even the Mohammedans consider our practice in this respect extremely vulgar: there is no more reason why a court should know why a husband and wife wish to separate than why they wish to marry.

Nevada most certainly has the most sane and moral divorce laws of any of the States. More than half a century ago, in 1861, Nevada enacted its divorce laws in their present form. It then, as now, provided for only six months residence before filing suit. This was in line with its other liberal legislation and with legislation in other Western States. This divorce statute included, and still includes, seven causes of action: impotency, adultery, desertion for one year, conviction of a felony, gross drunkenness, cruelty and failure of the husband for a period of one year to provide the common necessities of life.

In addition to this there is another splendid feature of the Nevada divorce law. It is not necessary to have witnesses, except to prove the fact that one is a resident in Nevada. The plaintiff's testimony is sufficient, unless the case is contested.

This law eliminates the despicable bribing of witnesses which so often happens in other states. It also eliminates the obscene, immoral and vulgar courtroom discussions which are often the result of calling witnesses in divorce cases.

The wisdom of this early legislation in Nevada is shown by the fact that more than fifty years afterwards the United States Commission of Uniform Legislation, in preparing a law on divorce to be offered for adoption by all states, has recommended Nevada's statute almost word for word. It should be remembered that this Commission is made up of the greatest thinkers of modern times: lawyers, jurists, professors, moralists and statesmen.

No one criticises Nevada's causes for action. It is admitted that divorce, when it results from any one of these causes, is the only remedy for unfortunate relations, which, without such remedy, would injure society. A great majority of the leading thinkers and writers in our churches today admit that these causes of action are not too broad.

I believe that Maryland has one of the most lenient divorce laws of any of the Southern States. A divorce is granted to residents after three years' separation. The decree is granted to the one deserted.

Some of the Eastern and Southern States, in this respect, are still in the throes of the dark ages.

The Western States, practically all of them west of the Mississippi River, have seen the perfidy and injustice resulting from such narrow exactions. These modern, progressive ideas have crystallized into the form of wise legislation, the statutes of many of the States being almost identical with that of the State of Nevada.

In South Carolina no divorce is permitted on any ground. New York is but little better since the only cause recognized is adultery.

New York's rigidity in this respect has annually led thousands of people to resort to revolting and immoral acts and join in collusion, in order to obtain relief from wretched and unbearable marriage bonds.

Such laws are unjust. Such laws wreck valuable lives. With strong characters they lead only to unhappiness; with the weak, they result in immoral living.