Books: Reno

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"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
passed with sixteen senators voting in its favor."

[Illustration: 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 anticipating 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 attitude 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 passes 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 practitioners 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 associated 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 establishing 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.

"6. What is the first step?

"7. What if you cannot serve?

"After the six months' residence period is completed, the first step
is to prepare, verify and file the complaint. This complaint is a
clear statement of the plaintiff's cause or causes of action. At the
time of filing this complaint the summons is issued and handed to the
attorney for the plaintiff. Where the defendant is not willing to file
an answer or demurrer, and thus submit to the jurisdiction of the
court, an "Affidavit for Publication" is sworn to by the plaintiff,
and an "Order for Publication" is prepared for the signature of the
judge, and being signed by him, is filed with the Clerk of the Court.
After publication is ordered service may be made by publication once a
week for six weeks in a Reno paper and by mailing a copy of the
complaint attached to a copy of the summons to the defendant at his or
her last known residence.

"After publishing for six weeks, it is necessary to wait for a period
of forty days during which time the defendant may answer. Service is
complete only at the end of publication, and a defendant living
outside of Nevada is entitled to the full period of forty days after
service.

"Below is a facsimile of different forms of 'Service by Publication':

SUMMONS

No. 16447 Dept. No. 2.

IN THE SECOND JUDICIAL DISTRICT COURT OF THE STATE OF NEVADA, IN AND
FOR THE COUNTY OF WASHOE. L.M.M., plaintiff vs. A.M.M., defendant.

The state of Nevada sends greeting to said defendant:

You are hereby summoned to appear within ten days after the service
upon you of this summons if served in said county, or within twenty
days if served out of said county but within said judicial district
and in all other cases within forty days (exclusive of the day of
service), and defend the above-entitled action. This action is brought
to recover a judgment and decree of this court forever severing and
dissolving the bonds of matrimony now and heretofore existing between
the parties hereto upon the grounds of desertion, adultery and extreme
cruelty as described in the complaint.

Dated this 15th day of December, A. D., 1920 E.H.BEEMER,

Clerk of the Second Judicial District Court of the State of Nevada, in
and for the County of Washoe.

By G. R. ELLITHORPE,
Leroy F. Pike, Deputy.
Attorney for Plaintiff.

SUMMONS IN THE SECOND JUDICIAL DISTRICT OF THE STATE OF NEVADA, IN AND
FOR THE COUNTY OF WASHOE. I.M.G., plaintiff, vs. S.L.G., defendant.

The State of Nevada sends greeting to said defendant:

You are hereby summoned to appear within ten days after the service
upon you of this summons if served in said county, or within twenty
days if served out of said county but within said judicial district
and in all other cases within forty days (exclusive of the day of
service), and defend the above-entitled action. This action is brought
to recover and decree dissolving the bonds of matrimony existing
between you and said plaintiff, upon the ground that you wilfully
failed, neglected and refused to provide for said plaintiff the common
necessaries of life for a period of more than two years next preceding
the commencement of this action, although having the ability so to do;
awarding to said plaintiff the care, custody and control of the two
minor children, the issue of the marriage between you and said
plaintiff, to wit: G.L.G. and R.O.G.; and for general relief, as
alleged and described in the complaint of said plaintiff now on file
in said action in the office of the Clerk of the above named court,
and to which said complaint reference is thereby made and said
complaint made a part hereof.

Dated this 8th day of January, A. D., 1921.

E. H. BEEMER,

Clerk of the Second Judicial District Court of the State of Nevada, in
and for the County of Washoe.

A. A. SMITH, Attorney for Plaintiff,

312 Clay Peters Bldg., Reno, Nevada. Jl5-22-29;F5-l2-l9-2e

"8. What if you can serve?

"Six weeks of time may be saved if the defendant can be served with
complaint and summons. This personal service outside the state of
Nevada is equivalent to completed service by publication, and the
defendant has forty days in which to answer.

"9. What if the defendant does not fight?

"In cases where the defendant is willing that a decree should be
granted, much time and some expense may be saved by defendant signing
and filing a short formal answer, admitting plaintiff's allegations of
residence, marriage, children, etc., but denying the causes of action.
By filing this answer personally, or by retaining a Reno lawyer to
accept services and file it for the defendant, the defendant need not
visit Nevada at all. The case can then be closed up, and the decree
granted within ten days after the expiration of the six months. By the
filing of this short answer the defendant submits to the jurisdiction
of the court, and any decree of divorce granted is valid and effective
for plaintiff and defendant alike beyond any question, the world over.

"10. What if the defendant fights?

"If the defendant fights the case, evidence and testimony must be
introduced and the case tried as other contested causes in other
states. If the defendant be the wife, she can by filing affidavits
showing her position financially compel the plaintiff husband, before
proceeding with his case, to advance such sums of money as may be
necessary to cover costs, attorney's fees, alimony pending the suit
and traveling expenses to and from Reno.

"11. What about the chances for losing?

"In the absence of a contest, if a divorce case in Nevada be prepared
by a lawyer who knows his business, there is no real reason for
losing. If the cause be contested, then it all depends upon the
allegations and proofs of the plaintiff as compared with the
allegations and proofs of the defendant. Probably three cases out of
four (contested cases) are won by the plaintiff.

"12. How is the case called?

"When the case has been filed and the time during which the defendant
is permitted to answer has passed, a default is prepared by the
attorney for the plaintiff, and signed and filed by the county clerk.
In cases where the defendant has appeared personally or by counsel and
an answer has been filed, they are ready for trial. On calendar day,--
which comes each Monday--either the default case or the case in which
an answer has been filed is called to the attention of the court by
the plaintiff's counsel and is set down for trial by the court--
usually some day that week.

"13. Procedure of an actual case? Witnesses: Questions?

"The trial of undefended divorce suits usually takes about fifteen or
twenty minutes. The only witnesses necessary are those to Prove
"residence in Reno" for the period of six months. Room rent receipts
are not sufficient. Usually it is necessary to call the landlady of
the rooming house, or the clerk of the hotel where the plaintiff has
resided to show a continued residence in the County of Washoe. Where
the plaintiff moves about frequently from one rooming house to
another, it is more difficult to prove continuous residence. A
residence in the county is all that is needed and all that has to be
proved, however, and often plaintiffs in the summer time spend a month
or two on that portion of Lake Tahoe which is in Washoe County.

"14. Is this case treated publicly or privately?

"All cases are tried in a court room which is open to the general
public, unless the allegations are of such immorality in the complaint
that the proof should not be heard by the general public. Divorce
cases are so common in Reno, however, that the public rarely attend.

"15 Does the decree allow you to take back your own name?

"If the plaintiff be a woman and if there be no children the issue of
the marriage, she will be allowed, if requested in the complaint, to
take back her maiden name. The decree signed by the court simply
orders that the plaintiff's maiden name be restored to her. If there
be children the issue of the marriage, the maiden name of the mother
will not be restored to her for the reason that it is thought that the
mother should retain the name of her children.

"16. What is the entire cost?

"The entire cost of a non-contested case ranges from $22 to $30. If
the case be contested there is no telling how high the cost may run.
The cost of taking numerous depositions might amount to $50 or $100 or
more. If the question is intended to cover the fees for lawyers'
services, I would say that they run from nothing up to several
thousand dollars. The usual fee for a person of ordinary means is
about $250, which is probably the average fee in such cases in Reno,
but persons of wealth often pay from $1,000 to $5,000.

"17. In what sense are witnesses used, and how do they strengthen the
case; is it the same as in the East?

"In all non-contested cases, either where they go by default or where
the defendant voluntarily files his answer after the residence for six
months is proved, the plaintiff's testimony is sufficient to prove his
or her cause of action, that is, no testimony beyond that of the
plaintiff is needed where the case is not contested. In the event of a
contest, the more witnesses and depositions one can procure the more
likely they are to win.

"18. Can the divorce be obtained at once if the defendant can be
served in the state?

"The statutes of Nevada expressly provide that, if the cause of action
occurred in Nevada, that is, if the last acts of the defendant took
place in Nevada, or if the plaintiff and defendant last cohabited in
Nevada, or if the defendant without collusion can be served with
papers in Nevada, the plaintiff need not reside there six months or
for any other definite period. In line with this express provision of
Nevada's laws, if a plaintiff comes to Nevada to begin a residence,
and if the defendant comes here for any other purpose than to submit
to service of the papers, which would be collusion, but bona-fide to
secure the custody of children, to procure a settlement of property
matters and alimony, to bring about a reconciliation, etc., service of
the summons and complaint may forthwith be made upon him in Reno, and
the case may proceed to trial at the end of ten days without the six
months' residence period by either party.

"19. How is the fee paid, and when?

"As to fees for legal services, some attorneys require the entire fee
in advance; some allow the fee to wait until some adjustment or
settlement is made, or until the case is ready for trial, but the
better method for both client and attorney is for the client to pay
down one-third of the fee as a retainer, one-third at the time of
filing the complaint, and the balance of one-third on the day set for
the final trial of the case.

"20. Please state the effect the Nevada divorce has in different
states. For instance, I know a woman who got her divorce in Nevada and
married again in New York; her first husband sued her for divorce in
New York and accused her of adultery and got a divorce. Please state
if the divorce is absolutely legal when the defendant is not
represented, because I am very anxious that my book shall state only
facts. I don't want to lead anyone astray on that subject. I am quite
sure the divorce is not legal if it is simply obtained by advertising,
as I myself was about to be handed back my divorce papers, and refused
a marriage license in New York, when I explained that my husband had
been personally represented. If that had not been the case I would not
be the happy lady I am today.

"Nevada divorces, exactly like the divorces granted in other states,
are valid as follows: if the defendant be served in Nevada, in the
event he appears in the cause either for contest or voluntarily, for
the purpose of submitting to the jurisdiction of the court, the decree
is absolute and valid the world over, freeing both parties from the
moment it is granted.

"If the defendant be served outside of the state of Nevada, either
personally or by publication and mailing, and should not make an
appearance in the case, the case goes by default and the decree, which
is held valid in most cases as a matter of comity, is seriously
questioned in the states of New York, Massachusetts and Illinois. Its
validity is questioned, however, only in favor of a defendant who is a
resident and citizen of the state where its validity is brought into
court, that is, a resident of Illinois obtaining a divorce in Nevada
by default against a defendant who resides in Illinois, will find that
his decree of divorce is valid beyond a question in New York and
Massachusetts and all other states except Illinois. Likewise, a
resident of New York may depart from his home, take up his abode in
Nevada, obtain a default decree against a spouse domiciled in New York
and may marry again and live in any other state, except in the state
of New York. It might be noted here, however, that many hundreds of
plaintiffs have obtained default decrees under such circumstances and
have married again, returned to New York state and have lived there
without difficulty. Most foreign countries give validity to a Nevada
decree.

"Respectfully submitted,

"H. WALTER HUSKEY."

In considering a divorce in Nevada, the traveling expenses are quite
an item; therefore I have written to the Traffic Department of the
Pennsylvania Railroad System, and in a letter under date of February
6th, 1921, from the Traffic Manager of that company, I am indebted for
the following information:

"Regarding tickets, etc., to Reno, Nevada; round-trip tickets are not
sold to Reno, but it is possible to purchase a round-trip ticket from
New York to San Francisco or Los Angeles, and use it only as far as
Reno. (I found that the greatest advantage of this ticket was that one
could have a peep at San Francisco and Southern California without any
extra cost, as one returns to the East.--Author). This ticket has no
validation feature.

"The round-trip ticket bears a limit of nine months and it costs
$201.06, plus tax of $16.08, to either San Francisco or Los Angeles.
The one-way fare from New York to Reno is $111.63, plus tax of $8.98."

The roads used in the trip are The Pennsylvania Railroad, Chicago and
Northwestern, Union Pacific and Southern Pacific.

Below are suggestions for the best through trains quoted from 1921
time tables:

Daily Service.

Leave New York (Pennsylvania Station)
6:05 P. M., Saturday

Arrive Chicago
3:00 P. M., Sunday

Leave Chicago (Union Pacific)
7:10 P. M. Sunday, Overland Express.

Arrive Omaha
9:00 A. M. Monday

Arrive Ogden
1:00 P. M. Tuesday

Leave Ogden (Southern Pacific)
12:30 P. M., Pacific time, Tuesday.

Arrive Reno
3:25 A. M. Wednesday

In conclusion I would desire to express the sincerest heart-felt hope
that none of my readers be placed in a position where the only road to
follow is: "the Great Divide." However, when there is no way out, no
means of reconciliation, no tangible reason for submission to penal
servitude for life, the only solution left is to face the truth; to
turn one's back upon the past, and face the future!

We revere our ancestors, but the inheritance handed down to us
dissolves itself into obligations to the present: our principal
obligation to the World today is our duty to the World tomorrow! To
posterity: to those to whom "from failing hands we throw the torch...."

As Virgil said: "Nati natorum et qui nascentur ab illis:" our
children's children and those who will be born from them.

And in assuming our duty to the World tomorrow, we must start by doing
our duty to the World today: ourselves; by righting what is wrong; by
blasting the trail through life's mountainous obstacles; and purifying
the atmosphere around us and leading the World on to the light that
beacons us from beyond.

[Illustration: Renoites as seen by a Reno Cartoonist]
[ Reprint from Reno Freming Gazzette ]
[ Aug. 7 1917 ]

PART 7

SONS OF THE SAGEBRUSH

To write of the "Sons of the Sagebrush" does not necessarily mean that
they were born in the Sagebrush, or in the West. I was surprised to
find that about seventy-five per cent, of the prominent citizens of
Nevada had hailed from almost every State in the Union, from Carolina
to California. The Good Book says that the wise men came from the
East. From personal observation I should say that many of them settled
in the West.

I am told that there are numerous cases in which mothers worry for
fear their sons may be led astray by some fascinating "divorcee"; that
he may be caught in her "selfish snare" and left with a smashed heart
and lost youthful ideals, while the fair lady laughs and leaves; but
if you will pardon a bit of slang, I should say that the Western youth
is a "pretty wise guy," and that mother need not worry because he can
look out for himself! However, "mother's advice" may not always have
held good after a mint julep, or a stroll in the moonlight..... Hence
the experience.

I do not mean that if a beautiful lady should whisper gently to one of
the youthful sons of the Sagebrush: "I am afraid to go home in the
dark," the gentleman would ring for a messenger boy as an escort, or
call a taxi; and if she sighed for sympathy and a stroll by the
Truckee, he would think that she needed a doctor, or a nerve
specialist. .... The sons of the Sagebrush are not cold-hearted, nor
are they lacking in courtesy of any sort, but to use a Western
expression, they possess a large percentage of "horse sense!" Meaning,
that they are not wearing their hearts on their sleeves these days....

One of the most interesting and unassuming gentlemen I met in the "big
little city" was Mr. George Wingfield. I had made up my mind to that
effect long before he was introduced to me because I had seen his
beautiful home on the banks of the Truckee, and his beautiful bank
building on the corner of Second and Virginia streets (the Reno
National Bank, which I have described in Part 5), and had visited his
ranch, and admired his string of thoroughbred horses and high-class
stock. I had also been told how this gentleman had made his fortune
almost over night, so to speak, during the big gold boom, and I liked
him for staying right there and spending the gold in the State whence
it came. He did not take his riches and go away, as so many of them
have done, but he helped to build a beautiful city, and there it is
that he made his home.

I was rather surprised to find that Mr. Wingfield was not a native
son, but hailed from Arkansas: also, I was disappointed in this
gentleman's appearance, having been told that he was a resident of the
West, when the West was really "wild and woolly," and full of gold and
other things.... I expected him to be a much older man, and have not
quite forgiven him for not being at least six feet six, with cold
steel-blue piercing eyes, gray hair at the temples and a face furrowed
with strong character lines.

That was the sort of mental picture I had made of him when a friend
told me of his experiences in the mining camp during a big strike of
the miners. They were shooting up the town in real Western style, and
many of them had been heard to swear that they would have Wingfield's
life. He might well have taken his departure, but he did not: he was
strong and relentless and knew no fear, though I am told he ate his
meals in a restaurant where the walls were covered with mirrors, with
his back to the wall, and a six-shooter on each side of his plate.
Rather thrilling, to say the least.

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