The sun. [volume] (New York [N.Y.]) 1833-1916, 1894-02-11
CHINESE WIVES MAY LONE
John May MNrry Nv n Ill. aad No Law Ca
Ksep HIS Wife from Ian dag.


Frn~ ne Korrt.s OrrsOaisr.
In the matter OF the petition OF Lam Lin
Ying. Chinese woman who arrived on the
Signal. for q writ OF habeas corpus. in order
that she might join her husband. Chung Chue
who. II was admitted. had never seen her,
Judge Bellinger delivered this decision in the
United States Circuit Court Yesterday:
1T Is admitted that the person claiming TO
be tho husband OF the petitioner Is merchant
doing business In this city. Is the petitioner
his wife? He testified that she was betrothed
to him at two years OF age. and that sir
months ago the marriage was solemnizsd &C.
cording to the laws of China. He further tss-
titled that he had never, seen his wife until
her arrival here. Upon this last statement
further inquiry. but deferred to the urgent re-
quest Of her attorneys TO be. heard as TO this
alleged China marriage and as to the bona
HIDES OF the marriage transaction.
The only authority cited as to what con-
Chinese laws is an article in the Encyclopedla
Britannica nv Prot Il X. Douglas, professor Of
10 ths IN h1nE GSeSs LGndGR
rs ranger with which the PSstie. most cGnii
religious teaching and. under its influence.
parental Will is supreme authority, from
which there is no appeal Marriage. Therefore 10
notthe result OF Acq uaintanceshIp. The bride
groom rarely sees his betreihed until she has
arranged by proies sional go-betw-ens with
the parents and families OF the respective Dar-
ties The correspondence Lstwern the two.
thus. conducted Is in writing and is Of tho
briefest chaTacter. II the Arrangements pro-
coed satisfactorily the psrticulars O the en-.
duplicate cards. These are sewn together
end and the ceremony is eomplete, IN.
first time. This is the system unter
case Is claimed TO have taken place and is
consistent with such marriage. The fa1t mat
by the parties is not eontradicted, and is con-
slstent with all the circumstances appearing
=, II the parties were married according 70
the laws OF China. such marriage IL valid hers
PARSONS on Contracts says that ss-ms 70
trine OF English and American law that mar
Iiage which IS valid in the place where i 8
and proprlety OF this rule are so OBVIOUS and
so stringent that Il can hardly be called 10
cation that marriage made elsewhere would
not be acknowledged as valid in a state no
Meyer's Federal Decisions says the general
rule is undoubtedly that a marriage good y
the law Of the place OF solem niaatlon l. good
-, Al the time OF the marriage in question n
nus n. case the husband was domicll"d N ihs
United states This raises = serious question:
as TO whether China i the place OF the solem,
nlZation OF the marriage. While the plsce o.
place be determined when the pa-ties are a.
the time within different jurisdictions ltS
Is not enough, In my judgment that such
marriage is valid under the laws OF h!nA.
Am Of opinion that II must not only be
where must have been sOlemniZed within the
jurisdiction Of those laws.
The parties in this Sase appear 70 have
OF last October the husband CO.'S ulted q uFn
Of lawyers Of high standing in the city touch
ing the right Of his wife 10 lard here Tho
subject was carefully considered b. them.
Acting on their advice. a certificate was prs-
pared and forwarded 70 China. Identifying the
husband and setting forth that the petitioner
was his wife. and that such certificate Was
Intended TO evidence her right TO land here
BY virtue OF such relation, Money was Tor
took In pursusnes ot the advice given
her husband here. There Is 20 doubt
As 70 this. have no right 10 as
sumo. upon the whispered suggestions
made on the authority OF some Of her Coun-
tfymen. that she IL 4 prostitute. There l. 20
testimony tending to prove anything Of the
kind Nor Is there anything 10 the case cAl-
culated 20 arouse q suspicion against her ~
as the testimony shows. she Is a girl Of j.
good faith under the circumstanees 1 have
mentioned. she does not belong t. any class
OF persons within the exc aslnn acts OF Con.
< ress. and her relseuon would De an Injustice.
y. am aware that there IL dagger Of In POSI-
Lion being praetised In cases like this. but that
sees are landed. Ahd must NohtinQe to sIlst
aeAsr = disekArgsdS