The Wichita daily eagle. [volume] (Wichita, Kan.) 1890-1906, 1894-12-16
Special Dispatch 20 the Daily Eagle.

Special Dispatch 20 the Daily Eagle.
Guthrie, Dec 15.-Will the next leg
islature take hold Of the much Hlooted
is a question which a good many peo-
pie in and out Of Oklahoma are asking
themselves. The legal profession is
not alone interested in the matter, but
the mel and women who secured the
invalid divorces and married again
and are, in the eyes Of the law, biga-
mists.
The concensus Of opinion is that the
legislature is powerless except in so far
as it can by special acts relieve each
man and woman. AS over 500 Illegal
divorces were granted IN Oklahoma,
this would take time, in fact, altogeth-
er too much time.
1t VIII be remembered that last Sep
TENDER the supreme court of the terri
tory, on the case of Irwin VS.. Irwin,
appealed from a probate court, denied
the right of probate courts 10 grant
a decree of divorce. Although the ter
ritorial legislature had authorized the
probate courts to issue divorces and
that authorization had been ratified by
court held that IT was contrary 10 the
organic a0t. This decision created ex-
element in different places all over the
United States. Owing to the fact that
people seeking divorces have to be
resident of Oklahoma for only ninety
days, many prominent people from the
east had come to Oklahoma to secure
divorce. Many of these had afterward
married again. OF course when their
divorces were declared Illegal these
people became bigamistS and II they
are living together. are yet.
The legislature, it is understood, viii
attempt 10 straighten the matter out.
1t has been suggested that the legisla-
ture pass an act rendering these d.
Vorce DEGREES valid. This, in the best
legal opinion, cannot be done, because
if the legislature had no power to en-
power the probate courts, it will GER
tainly 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 legislature
declaring the marriage relations OF the
divorced people dissolved by special
acts in each case.
1t is likely that the divorce law of the
territory viii be changed, particularly
in regard TO the short period of resi-
dence required. This of course VIII
meet with opposition, as many of the
lawyers have reaped rich harveStS
from the law and Will fight it. The di-
vorce law of Oklahoma as it stands is
as follows:
Article 66i, section %. The district
court may grant divorce for any
of the folloying causes:
l. When either of the parties had
a husband or wife living at the time
of the subsequent marriage.
2. Abandonment for one year.
3. Adultery.
4. impOtency.
5. When he wife at the time of the
marriage was pregnant by another
than her husband.
o. Extreme cruelty.
Z. Fraudulent contract.
s. Habitual drunkenness.
8. Gross neglect of duty.
10. The conviction of a felony and
imprisonment in the penitentidry sub
seQuent to the marriage.
Section Go. The plaintiff in an action
for divorce must have been an actual
resident in good faith of the Territory
for ninety days next preceding the
filing of the petition, and a resident of
the county in which the action is
brought at the time the petition is filed.
Section 272. 1t shall be I'M
lawful for either party to such divorce
SUIT 10 marry any other person with
in six months from the date Of the
decree of the enforcement.
And every person marrying contrary
TO the provisions of his section shall
be deemed guilty of bigamy and such
q marriage be absolutely void
Section 6I3. Every person convicted
of bigamy as defined in the foregoing
section shall be punished by imprison-
ment in the penitentiary for Il term of
not less than one nor more than three
years.
Section GA. 4 wife who resides in
this territory at the time of applying for
a divorce shall be deemed a resident
of this territory, though her husband
may reside elsewhere.
All the other sections Of the law re-
ferrinS to custody of the children, pro-
cedure Of court, alimony, appeal, etc,
are the same as in other states and
territories. In fact, excepting the
ninety day residence clause the law
Is almost the same as in other portions
of the United States