Evening journal., 1892-03-28
BURKE-ROCHE DIVORCE.
New York Papers Discuss It's stand
ing outside Of Delaware.

\
the Divorce was An Open one--rhAt
the Husband Was Personally Notified.
TIE other Courts WIN Recognize It
A writer in the New York World. dis
cussing the validity OF the divorce OF the
| Baroness De Stuers. granted by the |
courts Of South Dakota. says:
Nor is any divorce. anywhere granted |
of any validity outside the jurisdiction
Of the court granting It unless the court
at the time has Jurisdiction over the per-
sons Of both the plaintiff and defendant
and jurisdiction also over the subject
matter This is the law In the United
States. as between the states, except
that New Hampshire recognizes all di-
vorces as valid whether Doth parties ap-
peared before the court granting Il or
only one OF the parties-the plaintiff.
in order TO have the decree OF the
American court against NJ de Stuers
recognized by other American courts, or
by European courts, 10 would have been
necessary for him to have submitted TO
the jurisdiction OF the court trying the
case"
In Great Britain alone would Mr.. aud
Mrs. Zb3rOwski be secure from any inter
ference on the part Of M. de Stuers with
her1personal liberty. With regard 70
their legal status as determined by the
South Dakota divorce and remRrrage. II
would be the same precisely there as In
the United States, where no court recog-
nizes the divorce and every court must
recognize the validity Of the second mar
riage, II IL we're contracted within the
jurisdiction OF the court granting the di-
vorce.
American girls who wed foreigners
do not sufficiently realize the fact that
their marriage involves the loss OF all
their rights to citizenship Of the United
States. Their nationality becomes
merged In that Of their husbands, and
they cease 10 be Americans. The only
way by which they can recover their
American blrthright Is by divorce valid
In all the states Of the Union, or by re-
marriage to a citizen OF the United
States.
THE BURKE ROCHE CASE CITED
In this connection the writer cites the
Burke. Roche divorce granted by the
Superior Court of New Castle county.
The divorce law Of the United States
is the divorce law OF Europe. + d.
vorce to be valid outside the jurisdiction
OF the court granting IL the court must
, have jurisdiction over divorce cases,
, ! and both the parties TO the suit must
appear before It in person or by attorney
Then the comity between courts the
, world over requires all courts to recog
nlze the divorce, and in the United
, States the constitution ,comDels all
courts to do so. But no other
4 divorces can or will be recognized.
4 Courts refuse to take cognlzance OF the
/ validity or non-validity Of certain di-
q vorces accepting them as probably valid,
a In their discretion and under certain cir
. Gums ances, where to do otherwise would
q work injury TO innocent parties and bene.
d ft no Que. Bat where the question comes
! directly before the court legged
!. divorces cannot be judicially accepted.
v This reference Is as follows;
= Another case In point is that Of the
: daughter Of Frank Work, Of this city,
= the wife Of the Hon. James Burke Roche
q eldest brother and heir Of Lord Fermoy
| She has gone to the trouble OF securing
4 from the State Courts OF Delaware
II decree Of divorce from her husband
valid only IN the State Of Delaware
!. and not valid In any other state
s in this Union exceptNew Hamp pshlre. She
h remains in the forty-two states Of the
q Union, as we'll as in England. his lega
Il wife and an Englishwoman. II is
| beautiful point as to whether the Fedora
Government can recognize her as a citi-
zen, being citizen in two states and al
II Englishwoman in forty-two. Sucl
IA questions can arise II she is sued, andithi
" motion is made to trnsfel the case TO
Federal court
"Her husband retains all his lega
rights over her In forty two states Of tn
'' Union as well as In England. and SHOULD
=.
ID against her ths severe British laws
a. modified greatly by the act passed
8 two months ago. Under the Law
he as It stood last year he could invoke tn
assistance Of the police in order to fore
her TO return to his house and home
n Moreover, unless she could prove cruelty
IS desertion or infdelity committed unde
s. his own roof. the British courts and au
a thorities would issue a decree at his re
Is quest for the 80 called restitution Of con
IL iugal rights. -
HON. THOMAS r. BAYARD SAYS NO.
n The above extract was shown TO bon
10 Thomas f. Bayard this morning by al
n. EVENING JOURNAL reporter. Mr. .Bayar
at was one Of the. three lawyers who Sc
1s cured for Mrs. Burke Roche her divorce
na When asked for an opinion, he said
Iv 1T is the first time have been aske'
for an opinion on this point. l can onl!
say that Mrs. Burke Roche got a lega
N divorce in this state, and the comity o
he courts will recognize 1t. Her divorc
In was not secret one.
ne was obtained 10 open court
~ Personal notice Of her intention
az to apply for IA divorce was served upo
on him in England, aud public notice wa
also given. The courts lof this state
of vorced her from q worthless, fRithles
Il. hufband. The laws Of this state proteC
nm her, and should he attempt.to harrsss he
ar we will very soon put him In prison. An
10 should he do so outside the state Oh
. comfy Of courts will uphold the judl
ment OF the court here which granite
the divorce. and even the United Slate
r. Supreme Court recognizes such comfy.
n. "It is trne that there Is great confii,
lis between the divorce and marriage Law
nv OF the different states. / have bee
ne mldi a member OF a commission 20 secuI
as uniformity Of divorce and marriage legi
ID lation among the States and hope tbs
Sc we will soon be able to effect IL. Thei
is also a difference in the divorce laws {
Scotland, England aud France. There
a clause In our constitution which give
ad full faith and credit in one state TO tl
bv judgments OF court in another stat
70. Il is a question OF jurisdiction and b.
ON lieve the courts will so iecognize Ii.