The daily national Whig. [volume] (Washington, D.C.) 1847-1849, 1849-04-05
Important Deciston- LIE glslattve Divorc
. do mot rob Wives OF Ua,xor.

do mot rob wives or Dowor.
The last Frankfort Commonwealth contnins .
the effect Of Legislative divorces
In 1882, Thomas Gaines married Catharine ].
Pentecost, the former being TO- and the Inter- neve
married before, 30 years old They lived uniappily
under an arrangement by which the husband trans.
ferred 10 trustees, for The benefit OF his wife some
personal property and debts on other persons
amounting to 500 or $500. In 1912, Mrs. Gaines
ing for almony. He filed mn answer resisting her
claim on various grounds. Al May term, 1913, he
filed supplemental answer, In which he relied on
an act Of tho Legislature divorcing him from his
wife. The ACT was passed March 10, 1913, and lie In
these words
NE u enacted By ne General Assembiy of he
Commonwealth Of Kentucky. That Thomas Gaines,
Of Green county, be divorced from his wife, Ca,ha-
In January 1914, Thomas Gaines died, and 10
June, 1874, bill Of tyivor was filed by Mrs q.
aeains, his Representatives claiming dover in his
and personality; and also. large sum for srreauges
Of alimony. These claims were resisted by the rep
resenatiyes Of Thomas Gaines. In ls47, the canse
having been previously submitted BY consent, TO
the decision Of member Of the bar In consequence
Of the refusal Of the Judge 10 adludicaie tho case
decree was rendered disalowing the bar M set up
under the legislative divorce on the ground the act
was unconstitutional, and rejecting the claim for
urrearaRes Of alimony, and for dstrbuive portion
Of the slaves and personally, but dccreclng TO tho
widow dover In the lands, slaves md personally;
together with rents for tho lands and hire OF the
sIaves. The representatives Of Gaines appealed;
aud Mrs Gaines assigned cross errors Insisting Q)
she was entitled 10 dover In the lands sold by her
husband before marriage, and conveyed by him du-
ring coveture In pursuance Of his parol contract ~
dover In tho slaves given by the husband 10 his
children during c0veture; and t3 for arrcarages Of
alimony Thcss questions were decided against
Mrs. Gaines on the authority Of various cases re-
fened 10 In the opinion.
The court then proceeded 10 the main question In
the case; whether the legislative act OF divorce barn
the widows right Of dover In the estate Of her late
husband, Chief Justice Marshall delivering the opin-
Ion. The substance Of the opinion and tho effect OF
the decision IT, that legislative divorces nncon-
sfiiuiiona and void far the rights of property
arc concerned, and that wife divorced, without
her consent II, upon the death Of the husband, en-
titled to dover In his lands and slaves, and 10 dis
buabe portion of his personal estate, no " no such
act Of divorce had been passed.
AZ 10 the effect OF such divorce upon the rcla-
tons Of the parties and from the rights OF properly
nothing Is decided other question being presented
by the record II In therefore not true, some have
supposed that the opinion declared subsequent
riaRes Of parties divorced BY legislative act, 10 be
Illegal and void.
That question, however, delicate as II Il, may yet
be presented for adjudication.
We are very much Rratfed nj this decision by the
Supreme Court OF Kentucky. The fair fame Of
that otherwise noble State has been erievourly sui
lied by the action Of her legislators the subject Of
divorces. u IL 10 be hoped that this decision viii
divorces, which IL q palpable invasion Of Judicial
authority. We hope the new Constitution win en-
pressly prohibit any divorces except BY the Judiciary