Reno - a Book of Short Stories and Information Part 13

Q. Is it your purpose and intention to [remainder of question and answer missing in original]

Q. Did you have anything to do with the appearance of your husband in this vicinity?

A. No, sir.

Q. I want to have you very clear on this. No arrangements were made between yourself and your husband whereby he was to come into this state?

A. No, sir.

Q. When was it that you determined to stay in Nevada?

A. When the doctor told me I needed a change.

Q. And when was that?

A. That was at Christmas, about two weeks after.

Q. Have you ever, directly or indirectly, had any understanding with your husband that you should come into the State of Nevada and later-- being here--that he should come into this state, that you should inst.i.tute divorce proceedings and have him served with papers?

A. No, sir.

Q. Is it your purpose and intention to remain in the State of Nevada as a resident and particularly in the County of Douglas?

A. Yes, sir.

Q. Is it your purpose to build here?

A. Well, if I can find a place to suit me I will.

Q. And have you given up Los Angeles as your residence, and your permanent residence is Genoa, Douglas County, Nevada?

A. Until I regain my health, but this will be my home.

Q. Do I understand that you have come into this state in good faith, seeking health and nothing else?

A. Yes, sir.

Q. That you have not come into the State of Nevada for the purpose of inst.i.tuting divorce proceedings?

A. No, sir.

Q. That is absolutely so?

A. Absolutely.

By the Judge:

"I think I have gone into this question pretty thoroughly. I feel that I should do so in all these matters in view of the fact that our statute requires a six months' residence. Therefore we should look into these matters thoroughly. That is all."

Because of various newspaper items recently published the public has got the idea that the Reno divorce law has been changed. The following article, clipped from the Nevada State Journal of February 2nd, 1921, will explain the change in the laws as amended on that date:

SCOTT DIVORCE BILL Pa.s.sES UNAN- IMOUSLY-SENATE BILL PROVIDES THAT PARTY MUST HAVE LIVED IN STATE SIX MONTHS.

"Carson City, Feb. 1.--The Senate today pa.s.sed the measure introduced by Senator Scott to amend the present divorce law. The bill as drawn re-enacts the law now in force, with the added provision, that at least one of the parties to an action for divorce must have resided in the State of Nevada not less than six months prior to commencement of the suit.

"On recommendation of the judiciary committee, the bill was amended, to make the beginning of a suit possible in cases where "the cause of action shall have occurred within the county while plaintiff and defendant were actually 'domiciled' therein." In a talk urging pa.s.sage of the bill as amended, Senator Scott declared that at least 90 per cent, of the odium attached to Nevada because of its divorce law was due to the fact that a few unscrupulous persons and attorneys-by means of collusion-so arrange matters as to take advantage of the "Where the defendant may be found" clause. He stated that he feared that unless some change as he proposed was made that people might soon go to that extreme and demand an enactment of legislation much more severe in its requirements. He presented the bill, "not as an attorney, but as a citizen of Nevada to cure what as a citizen he believed to be an evil." The amendments were adopted, and the bill pa.s.sed, Senator Ducey answering "No," on roll call.

"At the afternoon session of the Senate, Senator Ducey rose to ask a question of privilege, and proceeded to explain his vote by stating that he had failed to get the gist of the amendment. He thereupon requested that the Senate grant him the courtesy of a reconsideration of the vote taken at the morning session. Under the unanimous consent rule, a motion for reconsideration carried, after which the bill was pa.s.sed with sixteen senators voting in its favor."

[Ill.u.s.tration: Picture of Sir H. Walter Huskey] Following is a letter from H. Walter Huskey, one of Reno's prominent lawyers, in which at my request he answers some very important questions. Much of the information I have already given you in the foregoing pages, but I think it a good idea to give you the questions exactly as answered by him. This information really consists of most valuable legal advice to anyone antic.i.p.ating a visit to Reno.

Twenty-second October,1920.

"Dear Mrs. Stratton:

"I am very happy to have your letter of the 11th instant, and to note that you are making such splendid progress with your book.

"My time and services are always at your command, even though you have asked me some questions that are not strictly in the horizon of a lawyer's work.

"The advantages of Nevada's divorce laws are as follows:

"The residence is only six months, but requires actual presence in the county where the action is to be filed. We have six causes of action for the husband, and--by adding neglect of the husband to provide the plaintiff with the common necessities of life--seven for the wife.

"In most states corroborative evidence is required, that is, testimony of evidence tending to corroborate the allegation and testimony of the plaintiff. In Nevada no corroborative evidence is required in the absence of a contest, that is, testimony of the plaintiff alone in a non-contested case is sufficient.

"In most or many of the states, the decree of divorce when granted is not final and absolute, that is, in some states it is interlocutory, requiring another appearance in court at the end of six months or a year. In other states, either one or both parties are forbidden the right to marry for six months or one year or longer, or the defendant is given six months in which to appeal, or one or both parties are placed under disabilities preventing immediate marriage. In Nevada the decree is absolute the moment granted and the minister, if desired, may be waiting at the court house door to perform the new marriage ceremony.....

"With these few remarks I shall take up your questions by number:

"1. Where to go upon arrival?

"There are three good hotels in Reno; the Riverside Hotel, Hotel Golden and the Overland Hotel. Besides the hotels we have two or three good apartment houses. Many people go directly to the private boarding houses where room and board can be had at more reasonable figures.

"2. What att.i.tude to take up with the local people: what to do: what to avoid?

"In the great West strangers are taken to be alright, until they prove themselves otherwise. It is unlike the East or South, where one must prove oneself as to character and standing, before one can hope to be admitted into the better circles of society. Fully ninety per cent, of the people who come to Nevada to become bona fide residents with the expectation of taking advantage of Nevada's lenient divorce laws, are people of high character and standing. It is naturally well to mix with Reno's people, to keep oneself as straight and restricted as one would do at home, and to avoid the tendency to throw off all restraint when one pa.s.ses west of the Rocky Mountains.

"3. Are there any crook lawyers?

"There are crook lawyers, but not in Reno. There were one or two who have been indicted and disbarred. Sometimes it is possible-when the address can be found-to communicate with the defendant spouse and stir up trouble by offering to defend him or her free of charge, hoping by such action to be placed in position to squeeze a few hundred dollars out of the plaintiff. The best way to avoid this is to go to Reno and look over the field before selecting an attorney.

"4. The possibility of blackmail?

"The only possibility in the nature of blackmail comes from unprofessional pract.i.tioners like those mentioned in the preceding paragraph, who, in some way having the address of the defendant, communicate with him or her in the hope of stirring up trouble and representing the defendant in the contest. When relations are thus taken up with the proposed defendant, these lawyers usually notify the plaintiff that if the plaintiff will come to him or to a lawyer of his selection--someone closely a.s.sociated with him--the matters can be adjusted and the divorce granted. The position taken by our County Clerk, under our law, in refusing absolutely to allow anyone, other than the parties and attorneys for the parties in a divorce suit, to have access to the papers greatly reduces the field of this blackmail and protects many innocent people.

"5. How do you proceed with the case?

"Upon arrival in Reno a new resident ought to find a reputable lawyer, consult him, retain him by paying him possibly one-third of the fee, and state to him the entire cause of action. The lawyer will take down the facts, given a receipt or contract showing the total fee to be paid; will make a record of the beginning of the residence period and will talk to the client generally about his or her cause of action, and the steps necessary to be taken toward establis.h.i.+ng a bona fide residence that will hold water against all attack. Many persons have failed in contested cases, because of statements they have placed in letters to friends and relatives. These statements often show that the plaintiff is only serving time in Nevada, and, if brought to the attention of the court, will defeat one's allegation of residence upon which the jurisdiction of the court depends. Without jurisdiction no divorce can be granted.