The morning call., 1894-05-08
FRENCHMAN NOW.
De La Montanya Made SO
by Decree.
CITIZENSHIP PAPERS HIS.
He May Have to Fight for the
Tricolor.
SEQUEL TO THE DIVORCE SUIT.
Efforts at Compromise by Which
SEQUEL TO THE DIVORCE SUIT.
Efforts at Compromise by Which
the Parents Were to Have One
Child Each Fail.

| to conscripti0n and service when the war
| of revenge is declared against Germany.
The time to file an answer and to plead
| in the suits brought by his wife fer a di-
vorce and the custody of the children came
due fifty days ago. Two suits were filed
| by the junior Mrs. de la Montanya. One
asked for an absolute divorce and the Gus
tody of the children, and the other suit
was brought under a statute which pro-
vides that either parent may sue for the
custody of the children without asking for
a divorce.
| When James de la Montanya Jr..
through the aid of Theresa Supeville,
the nursegirl, abducted the two children.
Lorraine S. and James Francis. and sought
the pro lection of French jurisdiction, is
was explained at the time that the law of
France was much more favorable than
| that of this country to the fathers rights
OF custody OF children.
Before the suits were brought iE this city
De la Montanya was ON French soil. Lat
terly efforts at a compromise have been
made. The senior De la Montanya. the
| father of the defendant in these suits. and
Judge Spencer. the father of the junior
Mrs. de la MOntanya, came to partial
agreement by which each parent was to
have the custody of one of the children.
| The daughter was to go to the mother and
| the son to the father.
| This arrangement seemed satisfactory
to the parties concerned here. and James
de la Montanya Jr. was communicated
with in Paris and requested to sanction
the agreement. No reply to the communi-
cation about the compromise was received.
1t was learned yesterday that young De la
! Montanya was seriously i'll in Paris
| AS no reply came Judge Spencer
| thought none would be made and refused
to agree that the defendant should have
| an extension of time in which to plead.
| The senior De la Montanya seemed to be-
| lieve that the compromise might be effected
! if further time was given, but Judge
| Spencer expressed his belief that the only
result would be to delay the court proceed
| ings.
The result will be that the Spencers will
ask this morning that Judgment be entered
in default in both cases.
The statute provides that the children,
who are joined in the suits brought by
Mrs. de la Montanya Jr.. may be served by
serving papers on the parent having them
Montanya contend that service cannot be
had by publication. and that the court
cannot pass upon the status of person
beyond that courts jurisdiction.
Dorm & Dorm, the attorneys for the de-
fendant stated yesterday that De la Mon
tanya would not enter an appearances in
either case; that he wanted divorce ana
would not object 10 Mrs. de la Montanya
|
could only obtain such divorce upon ordi-
nary grounds and not upon any of the SEN
sational charges which appear in the COM
| plaint.
1t was pointed out that as the children
were beyond the jurisdiction of the court
its judgment would be void so far as they
were concerned. 40 soon as the decree is
entered De la Montanya will move to
vacate the judgment if unfavorable 20 his
custody of the children. appearing specially
and making his opposition on the ground
| that the court has no jurisdiction over the
children.
De la MOntanya's attorneys cite similar
case in the 92d California and declare that
an appeal from such an order can be made,
and from judgment by default and if
refused that an appeal may be taken to
the Supreme Court.
James de la Montanya Sr. still has hopes
| or etfectrg compromise. The senior
Mrs. de la Montanya says that when her
| son went to France something over a year
! ago, with his sister. he went with the
intention of residing there permanently.
His purpose in coming back was to obtain
lis children. The mother Of young De la
Montanya adds that he provided a suit
able home in Paris and asked his wife to
reside with him there. This she refused.
Since his recent journey to Paris with
the children young De la Montanya asked
to be admitted to citizenship. A decree
was duly entered recording him as among
the subjects of the French republic, and a
few days ago he received his naturaiza-
ton papers. He is now eligible 10 all the
rights of a French citizen and subject to
all its duties. including military service,
which he may be called upon to perform
as soon as his health is restored.
AS French citizen decree entered
here might have no effect, since the law of
the place is applied in determining the
status of person. This case is the re-
verse of that of the Colonnas. The Prin-
cess Colonna fled with her children from
France because the law of California
night enable her to retain the custody of
her children. which would not be permitted
by the French courts. De la Montanya
made the journey to France for the pur-
pose of taking advantage of the French
law. which provides that father has
the absolute custody of his children. AS
De la Montanya is a French subject now
his right to the custody OF the children
will be determined by the French courts.
Although decree of divorce awarded to
Mrs. de la Montanya here might be bind.
ing in France, young De la Montanya has
just instituted suit In Paris to secure a
divorce from his wife. His attorneys here
have only just been apprised of this fact.
The senior Mrs. de la Montanya excused
her sons negligence in advising his at
torneys in this city of the steps he has
taken on the ground that as French sub
ject resident in France he was obliged to
follow the advice of his attorn eys in Paris,
Coudert Brothers.
AS De la Montanya is bevond the juris-
1 Il