People ex rel. Moses v. Goodrich

79 Ill. 148
CourtIllinois Supreme Court
DecidedSeptember 15, 1875
StatusPublished
Cited by27 cases

This text of 79 Ill. 148 (People ex rel. Moses v. Goodrich) is published on Counsel Stack Legal Research, covering Illinois Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
People ex rel. Moses v. Goodrich, 79 Ill. 148 (Ill. 1875).

Opinion

Mr. Justice Beeese

delivered the opinion of the Court:

On the eighth day of October, of this present term, an information, duly subscribed and sworn to, was filed in this court, and a rule thereupon prayed, against Alphonso Goodrich, requiring him to show cause, by the twentieth day of that month, why his name should not be stricken from the roll of attorneys of this court.

The information was filed by three members of the bar, practicing their profession in the city of Chicago, interested, as they allege, in upholding the integrity of the courts and of the profession of the law, and in the proper administration of the law.

The defendant is alleged to be a licensed attorney and counselor at law in the same city, practicing his profession in the courts thereof.

The information charges that defendant has been guilty of improper conduct in causing false and fraudulent advertisements to be inserted in divers newspapers published in the United States, inviting “so called” divorce business, and that he has, for years past, caused to be inserted in the daily newspapers in Chicago, anonymous advertisements, specimens of which are incorporated in the information, one of which, of August 9, 1870, is of the purport following:

“ Divorces legally obtained, without publicity, and at small expense. Address, P. O. box 1037. This is the P. O. box advertised for the past seven years, and the owner has obtained five hundred and seventy-seven divorces during that time.”

Another advertisement in a daily paper of October 21, 1871, of the purport following:

“Divorces legally obtained for desertion, cruelty, etc.; fee after decree. Eight years’ experience. Address, P. O. box 1037,” varied in the daily paper of the 28th, by adding, “Scandal avoided.”

It is further charged that the newspaper press of Chicago, having exposed the system of anonymous divorce advertisements, and fraudulent divorces, mentioned the name of Goodrich, as connected therewith, as “A. Goodrich, of Postoffice box 1037 notoriety,” after which, the divorce advertisements of defendant, as published in a Chicago daily paper of September 30, 1S75, read in this way :

“Divorces legally obtained—not fraudulently. Fee after decree. Ten years’ practice in the courts of Chicago. Address, P. O. box 1037.”

It is further charged that defendant, in the month of August, 1875, caused to be inserted in the “Daily Herald” of that date, a newspaper of large circulation, published in the city of Hew York, this advertisement:

“Divorces legally obtained for incompatibility, etc. Residence unnecessary. Fee after decree. Address, P. O. box 1037, Chicago, 111.” And that defendant caused the same to be published in the Hew York “Daily Sun” of September 14, 1875, and in newspapers in various other States of this Union.

It is further charged, that defendant well knew the fact that no divorces could be obtained in any of the courts of this State without publicity, and that he used the phrases, “without publicity,” and “scandal avoided,” in his advertisements, to impress the public mind that he could procure divorces in the courts of Chicago without the proceedings being made public; averring that the several newspapers published in that city did then publish, and have always published, the proceedings of the courts, and that, for some time past, the practice of referring divorce causes to masters in chancery had been abolished. And it is further charged, that defendant well knew the fact that “incompatibility” was not one of the lawful causes for divorce in this State, and that one year’s residence in this State was required prior to filing a bill of complaint for divorce, unless the offense complained of was committed in this State, whilst one or both parties resided therein, and could only be had in the county where complainant resided.

It is then charged that these advertisements are false and scandalous, calculated to bring the courts of justice into disrepute and contempt, and were published by the defendant with the intention of deception and fraud.

The advertisements were admitted, in defendant’s answer, to be his act, and a printed letter, purporting to have been issued from his office, 124 Dearborn street, Chicago, bearing his printed signature, and dated August 21, 1875, ostensibly in reply to a previous letter from some unknown person, but really intended as “a circular,” was also his act. In this circular, after enumerating the several causes for divorce, as specified in the statute of this State, he states, also, on his professional reputation, “incompatibility” as a cause. The “circular” also informs the party of the total amount of charges, one hundred and twenty-five dollars, twenty-five dollars of which was required in hand, and the balance when the decree, under the seal of the court, was placed in the hands of the applicant. If, however, the party preferred, no present payment was required, but a deposit in bank, or with an express agent at the residence of the party, with the understanding it was to be paid to the attorney when he sent the decree. The “circular” contains this further direction: “If the above is satisfactory, and you wish me to proceed, please deposit the money in bank or with express agent, and have them sign the enclosed receipt and return to me.”

To indicate further the nature of defendant’s special avocation, we give a copy of the required receipt:

“§125. August 21, 1875.
Deceived of-, §125, in escrow, to be paid to A. Goodrich upon his presenting to me a certified copy of a decree of- divorce, under the seal of a court of record, in the case of--versus ---. In case decree of divorce is not obtained within thi-ee months from this date, said sum of money to be refunded to---.”

And this bears, as its emblem, the figure of Justice, with one hand resting upon a sword, and with the other bearing aloft the scales!

The wiles and arts and contrivances to which defendant ff has resorted in his most disgusting course, are not only not denied, but justified, and, in explanation of his claim to be able to procure a divorce on the ground of incompatibility, he alleges, by the laws of Utah Territory, that is a ground of divorce. This we regard as the merest subterfuge, for his advertisements are those of a lawyer residing and practicing in this State, and the scope of the advertisements is, to advise distant parties of the requirements of the laws of this State. Besides, the defendant exhibited no authority to practice law in Utah, or in any other State than this. It was a false and fraudulent statement, and known to be so when made.

Again, these advertisements, some one or all, convey the idea that, by some unexplained means, defendant has such control over the courts of justice in the city of Chicago, as to induce its ministers to conceal from public view and public scrutiny their proceedings in divorce cases, and no matter what the claim of the applicant may be, whether true or false, whether statutory or not, he, by long practice of his arts, can accomplish all that is desired, neither the courts nor the public being the Aviser on account thereof.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Mississippi State Bar Ass'n v. Wade
167 So. 2d 648 (Mississippi Supreme Court, 1964)
In Re Teitelbaum
150 N.E.2d 873 (Illinois Supreme Court, 1958)
In Re Roth
75 N.E.2d 273 (Illinois Supreme Court, 1947)
State ex rel. Sorensen v. Goldman
255 N.W. 32 (Nebraska Supreme Court, 1934)
In Re Ades
6 F. Supp. 467 (D. Maryland, 1934)
In Re Disbarment of John D. Greathouse
248 N.W. 735 (Supreme Court of Minnesota, 1933)
Ex Parte Marshall
147 So. 791 (Mississippi Supreme Court, 1933)
People Ex Rel. Chicago Bar Ass'n v. Briggs
161 N.E. 736 (Illinois Supreme Court, 1928)
People ex rel. Chicago Bar Ass'n v. Berezniak
127 N.E. 36 (Illinois Supreme Court, 1920)
In re Strong
29 Ohio C.C. Dec. 81 (Ohio Court of Appeals, 1917)
State Bar Commission Ex Rel. Williams v. Sullivan
1912 OK 527 (Supreme Court of Oklahoma, 1912)
In re the Disbarment of Schnitzer
33 Nev. 581 (Nevada Supreme Court, 1911)
In re Thatcher
80 Ohio St. (N.S.) 492 (Ohio Supreme Court, 1909)
In the Matter of Ebbs
63 S.E. 190 (Supreme Court of North Carolina, 1908)
Ingersoll v. Coal Creek Coal Co.
117 Tenn. 263 (Tennessee Supreme Court, 1906)
State ex rel. Johnson v. Gebhardt
87 Mo. App. 542 (Missouri Court of Appeals, 1901)
Flanders v. Keefe
84 N.W. 878 (Wisconsin Supreme Court, 1901)
In re Day
50 L.R.A. 519 (Illinois Supreme Court, 1899)
State ex rel. Walker v. Mullins
31 S.W. 744 (Supreme Court of Missouri, 1895)
In Re Disbarment Proceedings Against Brown
1895 OK 7 (Supreme Court of Oklahoma, 1895)

Cite This Page — Counsel Stack

Bluebook (online)
79 Ill. 148, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-ex-rel-moses-v-goodrich-ill-1875.