The Guthrie daily leader. [volume] (Guthrie, Okla.) 1893-1996, 1894-12-30

BIGANISTS.
rhc Legislature VIII Doubtless DO Some
thing For Them.

thing For Them
VIII the next legislature take hold
of the much mootcd question OF okla
homa diyorceg That is a question
which a good many people in and out
Of Oklahoma are asking themselves.
The legal profession is not alone in
tarested in the matter, but the men
ID women who secured the invalid
divorces aud married again and are,
81. the eyes OF the law, bigamists.
The concensus of opinion is that the
tislature is poverless except IN SO
q lr as IL can by special acts relieve
each man an woman AS over 500 H.
tai divorces were granted in okla
loina, this would take time, in fact,
a together 700 much time.
Il will be remembered that last
september the supreme court Of the
territory, on the case of Irwin VS. Ir-
win, appealed from probate court,
denied the right of probate courts to
grant a decree Of divorce. Although
tue territorial Legislature had author
ized the probate courts to issue di'
vorc's and that authorization had
been ratified by the national congress,
the supreme court held that it was
contrary to the organic act This de-
cislon created excitement in different
places all over the United States.
owing to the fact that the people
seeking divorces have to be n resilient
II oklahoma for only ninety days
many prominent people from the east
had come to Oklahoma TO secure di-
vorce. Many of these had afterward
married again. OF course, when their
divorces we're delared Illegal these
people became bigamists and, if they
are living together, are yet
The legislature, it is understood,
viii attempt to straighten the matter
out. 1t has been suggested that the
legislature pass an act rendering these
divorce decrees valid This, in the
best legal opinion, cannot be done
because if the legislature had not the
power to empower the probate courts,
il will certainly not have the power TO
validate the DEGREES of the same
courts
In all likelihood the way out of the
muddle will be found by the legisla-
tlre declaring the marriage relations
& the divorced people dissolved by
special acts in each case.
II is likely that the divorce law of
the territory Will be changed particu-
lrly in regard TO tae short period of
residence required. This of course will
meet with opposition, as many OF the
lawyers have reaped rich harvests from
the law and will fight it. The divorce
law of Oklahoma as it stands is as fol-
lows:
Article 66l, section 2s The district
court may grant a divorce for any of
the following causes;
!. When either Of the parties had a
husband or wife living at the time Of
the subsequent marriage.
2. Abandonmeni for one year.
o. Adultery.
4. lmpotency.
3. When the wife at the time OF the
marriage was pregnant by another
than her husband.
G. Extreme cruelty.
Z. Fraudulent contract.
5. llabitual drunkenness.
g, Cross neglect OF duty.
10. The conviction Of a felony aad
Imprisonment in the penitentiary sub
'equent TO the marriage.
Section G65. The plaintiff in an
"a. for diyorce must have been an
aal resident in good faith Of the
tory for ninety days next preced
ne filing Of the petition, and
eat of the county in which the
n is brought at the time the petit
Is filed.
iion 272. 1t shall be
gful for either party TO such di-
suit to marry any other person
vlthin-six months from the date of
he decree OF the enforcement.
And every person marrying contrary
o the provisions of this section shall
De deemed guilty of bigamy and sach
/ marriage is absolutely void.
Section G73. Every person convicted
If bigamy as defined in the foregoing
ection shall be punished by imprison-
nent in the penitentiary for term of
lot less than one nor more than three |
ears.
Section GA A wife who resides in
his territory at the time Of applying |
or a divorce shall be deemed a resi-
lent Of this territory, though her hus-
1and may reside elsewhere.
All the other sections OF the law re-
erriug to custody of the children, pro.
.edure Of court alimony, appeal, etc,
ire the same as in other states and
erritories. In fact, excepting the
ninety day residence clause the law is
almost the same as in other portions
# the United Seates
2lanl, books and Office supplies at
llie & Co. S. l2 27tf
Hot soda Is now served at the Sea-
tonian drug store. II