Wheeling register. [volume] (Wheeling, W. Va.) 1878-1935, 1891-08-04

! New York, sent telegram TO nrm OF
attorneys In Sioux Falls asking II there
had been an appearance on the part OF
Miss Coghlan in the suit.
All OF this was preliminary to the ap-
pearance Of Mr.. Edgerly in South
Dakota this month and the report is that
the first divorce is to be set aside and a
new decree secured. 1t is stated that
he has at last secured Miss Coghlan's
consent to make an appearance by at
tOrney in the case and thus make the
second decree which he hopes to obtain
valid one.
The current opinion among the New
/ Workers in Sioux Falls is that Miss
| Coghlan is to be married again, aud
that now she wishes the divorce be-
tween her and Mr.. Edgerly to be as
valid as the laws Of South Dakota can
maze it.
A CONSPICUOUS FIGURE.
A conspicuous figure about the corri-
doris of the Cataract is DR.. T. d. Wor-
raj. He is the taciturn member OF the
colony. He halls from Newport and
Providence, K. l., and has been mar
ried to a wealthy Boston lady who IS
now with her relatives in Boston.
While acquiring his residence the Doc
tor has opened an Office on the main
street Of Sioux Falls. He is the author
Of several medical works; has been
member of the Louisiana and Colorado
Legislatures, travelled excessively and
keeps his case well concealed, even the
papers having been withdrawn from the
! iles of the court.
Among the stories afoat about him
are that the ground for his divorce is
desertion by his wife, but that before
the divorce was sought the lady had
taken out of his control or supervision
$500, coo worth of her own property,
and that also while he was sick at New
port for a period Of six months she fall
ed to call upon him or minister to his
wants. 1t is thought, though from
statement dropped by his attorney, that
he will find a balm for his wounds yet,
for he is reported to be engaged TO an
other lady equally as wealthy, and who
will marry him as soon as his present
business is completed The first legal
steps in the Doctors case were taken
at Cunton last week. In the suit OF
Robert Ward versus Isabella Ward,
both New York people, mishap occur
red illustrative of how the divorces
seek TO take advantage OF the law.
Robert Ward is now at the Cataract.
Before he came West TO acquire his
residence he wrote to firm OF attor-
neyS in Sioux Falls asking for their
counsel, They declined the case. Short
ly afterward he came to the city, and
before he had been resident more
than sixty days, which is thirty less
than the law requires, there appeared in
a local paper a summons for relleI
addressed to Isabella Ward.
The attorneys when he had first ad-
dressed happened to observe this, and
recalling his first letter notified his
present attorneys that their client had
not completed the necessary time for
legal residence. In consequence Mr..
Wards suit was dropped al once, and
now a second action has been begun
which complies with the wording Of the
law, but if the first case had been per-
mitted to stand Mr.. Ward, in his affida-
Wit of residence, would have periured
himself, and doubtless the divorce
would have been granted as il was in
the Mcclure case.
rrrr,nr Art-rN'S EIAT---.--
Judge Aiken, of the Circuit Court of
South Dakota, with headquarters here,
has given it out to local attorneys en-
gagged in the prosecution of divorce
cases for New Workers and others re-
siding in South Dakota that he will
hereafter throw out all cases where
there is the slightest shadow Of doubt
that the plaintiff has come to the State
solely for the purpose Of obtaining d.
vOrce and of then returning to his pre-
vious homes.
The Dakota law requires but ninety
DAYS residence before action for divorce
can be brought The State has of late
become Mecca for unfortunate individ-
uals who desire to be relieved from their
unpleasant matrimonial bonds. A great
many divorces are granted in the vari-
Gus circuits in the State, but there are
probably more cases In this circuit than
any other.
The greater portion of the DEGREES,
are about as valuable as so much waste
paper. The plaintiff comes to this
State, takes up his or her residence at
hotel or boarding house, stays ninety
daes, makes affidavit that he or she is
bonafide resident of the State, obtains
service on the defendant by publication,
and after the lapse of seventy-two days
gets a decree and then shakes off the
dust of South Dakota and leaves on the
very first and fastest train.
USELESS DIVORCES.
The holdings of almost all of the
States are that such decree is q multi
ty; that the court obtains no juriSdic-
ton over either party, and the decree
forms no bar to prosecution for biga-
my, should either Of the parties after
ward remarry.
OF course, IL the plaintiff comes to
this State with the bona fde intention
of making the State a permanent resi-
dence and not simply for the purpose OF
obtaining a decree, q divorce in which
service is obtained by publication would
undoubtedly be valid, or If the defen-
dant can be induced to come to this
State and submit to personal service
within the State, and be induced to put
in a voluntary appearance by attorney,
the divorce would be valid.
The law under which the divorces are
procured was part Of Dakota's organic
law of 1877, 1t came from the code of
California and originally from the David
Dudley Field Code Commission, OF New
York. In all of its main features it
differs but little from the spirit and in
tent of the Eastern laws.
Judge Aiken, who is now famous as a
divorce granter, is q New Yorker by
birth, and originally read law with RoS-
coe Conkling. His present attitude Of
Hostility to the divorces now pending is
due TO a sudden influx of New Workers,
who are seeking divorce without intent
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