The Anderson intelligencer. [volume] (Anderson Court House, S.C.) 1860-1914, 1895-04-10
MARRIAGE AND DIVORCE.
Freaks of the Various State Laws on
Coniugal Relations.

At present in this country the mari
tai relation is involved in many doubts
and perple1ities. It may surprise
some people to know, what is the fact,
that polygamy is really practicable
under the legal regulations governing
this land
A man may have dozen lawful
wives, or a woman as many husbands,
in different parts of the Union. A
woman may even possess two husbands
legally, or man two wives, in the
same State. IF man marries the
second time on one side of river be
may be bigamist and liable to long
imprisonment, but if he crosses the
ferry to have the ceremony performed
the marriage may be valid on both
sides Of the stream. Children may be
legitimate on one side of the river and
illegitimate on the opposite bank.
Owing to the facility of divorce mar
riage amounts to mere experiment in
mary portions of the United States,
thu parties to it being not bound
"until death do part" but only until
they get tired Of one another.
To illustrate the possibilities of law
full polygamy in this country, says a
writer in the Boston Transcript, New
York man who is tired Of his wife may
90 to State like California, where
divorce is easy, and procure one. His
wife may have the decree set aside in
the Courts of New York, but it re-
mains valid in the State where it was
granted. In this way, by changing
his residence from time to time, he
can marry again and again and be
legally claimed as husband by women
in dozen different States. The in
stance was recorded not long ago of a
person who left four legitimate widows
and four sets of legitimate children,
in New York, Indiana, New Jersey
and California, respectively.
If husband in New York disap-
pears and remains unheard from for
1--WE years, he may be regarded as dead
and the wife is permitted to marry
again. But if thereupon husband No.
/ returns she cannot apply for di-
vorce from him, because she is a party
in fault, having married during his
life. He cannot procure a divorce,
for the reason that he is also in fault,
having deserted her. Husband No 2
can procure divorce, but if he does
not choose to apply for it she remains
actually tho lawful wife of two men.
Many persons are now living thus
situated.
Under the laws as they now stand
it is difficult for an individual to be
sure whether or not he or she is COM
mitting bigamy. Suppose, to imagine
an extraordinary case, man should
marry his own sister without being
aware of the relationship. Such in
stances have occurred. In that event,
it goes without saying that the con-
tract is void in the law. At the same
time, it is not legally void until it has
been so declared by the Courts. Ac-
cordingly, if he should marry again
without the permission Of the Court
he would be guilty of bigamy and pun
ishable for that crime.
Applications for divorces in certain
States are commonly handed over by
the Courts to referees for preliminary
investigation. Decisions are usually
rendered in accordance with the re-
ports made by the referees. But,
until all fees have been paid, includ-
ing those due to referees, the divorces
are not valid. Referees fees are high,
running from s6 for each hearing of
about one hour to $1O0 a day, and it
often happens that the applicants for
DEGREES fail to pay for them. Decis
ions having been rendered by the
Courts granting their petition for
divorce, they marry again, supposing
that they have right to do so. In
fact they are committing bigamy, and
their remarriages are no marriages at
all. Thousands of people misled in
thisway are living in a condition Of
illegitimacy to-day in this country,
being liable at the same time to prose-
cution for weighty crime.
There are other very interesting and
curious anomalies respecting marriage
and divorce in : the United States.
Arizona is the only place in the world
where man and a woman can become
husband and wife without getting
married at all. The Territorial Legis
lature passed law in 1887 to the
effect that persons who have lived to-
gether as man and wife for one year
are legally married. If either party
to the arrangement dies before the
expiration Of the year children born
to them are legitimate. This regula-
ton was established because nearly all
Of the women living in the Territory
at the time were Mexicans. On the
death of the men who lived with them
it was often troublesome to find out
whether their offspring should become
public charge as paupers or should
properly inherit the possession of their
fathers.
Nothing prohibits white man from
marrying a mulatto in most States,
but, having done SO, he can go to
Alabama and have the marriage de-
clared void without so much as nam
ing grievance. In Maine, Maryland,
North Carolina, Tennessee and Mas
sachusetts the Legislatures have made
regulations declaring that people can
not marry themselves in those States,
but must be united in wedlock by a
third person. Accordingly, man
aud woman from South Carolina Wis
ltiug in any of those States mentioned
and marrying themselves by contract,
according to the South Carolina law,
would not be husband and wife.
Maine is the only State in the Union
where women are allowed to solemnize
marriages; but, in order that the cere-
monies they perform shall be legally
binding, they must be specially ap-
pointed and commissioned by the Gov
ernor for the purpose. Such commits
sions are only granted occasionally to
females. In New York a special law
has been made authorizing the head
of the Society for Ethical Culture,
who is at present DR.. Felix Adler, to
solemnize marriages. The society is
a semi-religious body, and it was deem.
ed proper for that reason that it's chief