Evening star. [volume] (Washington, D.C.) 1854-1972, 1862-01-29
THE EVENING STAR.
DEPERRED LOCAL ARTICLES.

-
DEFERRED LOCAL ARTICLES.
DxcIsIos ~ rHy BARNEY CAsz-This deci-
sion, OF which the n.a.n points were given In the
proceedings the OrpbanS Court published IN 'he
star Of Saturday, Is Of some Interest to our readers
here. and we therefore copy. the decision IN full
a. follows: 3-s so
Waskiagfor Co1n,y, n c>--oThan:' coTrt !.
John w. De Kreft. the nexs friend ana reIaeion
OF the minor children Of Samuel Chase Barney'
and Mary E De Kraft, formerly Barney, no. oe-
erased The above named John w. De mart
nled his petition some months since IN this conr'
prayIng that some competent person should be
fnnoInfsd Guardian TO said children. That their
father, the said Samuel G. Barney, was d.squali-
ded and unfit to act as such, and offered as eVl-
dence in support Of the charges, amongst other
facts a record duly certified, purporting to be
divorce granted by the District Court OF Jasper
county, and State Of Iowa, on the 18th day OF sep
tember, 1850, in favor OF the said mary n. De
Kraft Barney against the said Samuel c. Barney,
her husband The said Samuel G. Barney, denies
fbs allegations In said petition, and insists ina,
he Is not disqualified to act as guardian OF sal1
children and has offered the evidence OF several
Uitapsses in his favor stating that he was not IN
their opinion, addicted to intemperanee. With
out special reference to all the facts In the ABOVE
cause, there is enough In tue SAID decree OF al
far an this court HIS 70 determine TINS
case The sentence pronounced by the court
granting the said decree Of divorce was clear and
tx 1, stated that Il was q court Of competent
iursdcton that II had Jurisdiction Of the parties
and Of tire hereinafter, the law having been
fully complied with by publication, and that
notice bad also, with copy Of the petition, been
sent to the said Samuel Chase Barney's residence,
and that he had been duly and timely served with
notice, as required by law, that the charges In
Than adultery, and that the said defendant, SAM
uel B.rney. was In default. That the said Mary
E DeKraft Barney, born Mary E. DeRraft, was
entitled to a divorce from the bonds Of matrimony
E-Ar E.r Chas Rar harz oiA hraha 70
whom she was married in the year 1917. The
sad sentence further stated that the acts conduct
and character Of the said defendant, Samuel
Chsse Barney, had been Of such character as to
render him unfit to have the custody of the minor
children of the said marriage, and that they be
placed under the control Of their said mother du-
ring their minority. II the said court Of Iowa
erred, this court has no power to give him, the
said Samuel Chase Barney redress. That the
remedy 10 before another tribunal; the regular
appellate court.
The above decree cannot be impeached or in
quired into collatterally by this court according
70 the authorities which are binding upon It. and
that 10 10 binding also on the said Samn Bar
rey until reversed. Raborg's administrators vs.
Hammond, I'd Harris and gin. AZ. Fishwick
Sewell, 4th Harris and Johnson, 800. Demond
vs.. Billingsles, I'd Harris and Gill, 254 Ham,
mond ". Ridgelv, 5th Harris and johnson, 245.
Comegys State of Maryland, 10th GIL and
Johnson, I73. House Va. Wiles, 18TH Gill and
johnson, 63s. u. 5, use Of Cooley, vs.. Bender,
sth Cranch Circuit Court Reports, $40. The 4th
article Of the constitution Of the United States,
section l. and the acts Of Congress OF the 26th Of
May, 1880, and March, 1904, passed in pursuance
thereof, expressly declares that full faith and
credit shall be given to all judicial acts rendered
IA the different States.
Chief Justice Marshall held In the case of
Dartmouth College VS.. Woodward. 4th Wheaton,
GO, that tbs Legislatures of the different States
had the right to legislate on the subject OF di-
vorces inst the constitution Of the United States
which prohibits the States from passing laws i'm
pairing the obligation Of contracts, was never
understood to restrict the general right Of the
Legislature to legislae the subject Of divorces
Those acts ena bic some tribunal not to impair a
marriage contract, but to iberate one Of the par
ties because II has been broken by tie other There
IL another fact iE The case which is entitled to
much ward DeKraft, the father
OF said Mary DeKraft Barney, deceased the
mother Of the above children, by whom the en-
tire estate belonging now to the said minor chill
dren came, expressly declared In his will that no
husband Of his daughter should control any par
OF the estate so devised 1t appears from satIsfac-
tory evidence that DIR. Harvey Lindsley has
been the collector and agentf for the property in
question belonging to said minor children for
some time past, and that he is undoubtedly
better acquainted with the value income and
condition Of the same than any untrisd person,
ana inat ne Is known In this community to be a
gentleman Of high integrity. And the court, in
the exercise Of its discretion, believes him, under
all circumstances, proper person TO be the guar
dian Of the said minor children.
DIR. Harvey Lindsey il hereby appointed guar.
dian Of Samuel C. Barney, Jr., Edward D. Bar
ney, He6e 6. Barney, and Clayonia Barney, the
minor children, shove rrfsrrfd to; who must
enter into bond with suTetes to be approved by
this court, In the sum Of thirty thousand dollars
and the court further orders that all the proper
costs Of this suit be paid out OF the estate
January 18th, 1862 WIN F. PURcHII
Al er our report OF Saturday closed Mr. Thos
Fisher came in:v Court and signed the bond
OF DR. Lindsey, which had been previously
signed by that gentleman and by Messrs John
w: De Kreft, James Mcguire, aud Gilbert nj
Wight.