The Red Cloud chief., 1897-05-07

~ states and territor-
les and their radical differences some
times make II n difficult matter. II one
remarries after divorce and doesn't
stick to his own state. to avoid be-
coming quite innocently u bigamist.
The fact that q person has more than
one husband OF wife living at the same
time may or may not constitute big
amy. Every state In the union has
treated double marriage, contracted
under certain conditions, as n crime
and attached to II penalties more or
less severe. Double marriage and.
incidentally, the charge OF bigamy may
arise In two classes OF cases; first,
where n marries relying upon the
belief that n former marriage has been
dissolved by death. which Ia presumed
on account Of the prolonged absence
of one OF the party. and second. where
one marries relying upon the belief
that a prior marriage has been dis
solved by a judgment OF divorce.
Where absence Is the ground Of JUST
fication for a double marriage the law
ucCidivo INV iOuS suNu uDntIiVV uiuSt
continue before a second marriage is
permitted. This period Of time varies
In different states. Where a judgment
Of divorce Is the ground OF justiica-
ton a charge Of bigamy may be sus-
tained either because the divorce is
| void or because II Is valid. This prop
osition seems to involve a contradic-
| ton Of terms, but In consequence of
the peculiar provisions OF laws which
exist upon the subject in q number
Of neighboring and contiguous states
independent Of each other and abso-
lutely sovereign with regard to divorce
legislation. the proposition Is literally
true. A single example will illustrate
this apparent anomaly. In Maryland,
II n divorce Ia granted, the court may.
In It's discretion. forbid the guilty par
ty to marry during the lifetime OF the
innocent party and n violation Of the
prohibition constitutes bigamy. So
that q man or woman may be divorced
and yet II the guilty party should wed
contrary to the judgment Of divorce
the act would be criminal. His guilt
would be established as certainly AZ II
the first marriage had never been die
solved. or al II the judgment Of divorce
instead OF being valid and binding
were void and Of no validity. Big
amous marriages. under the law, are
void, or In q few cases, liable to be &c
declared. This Is true In California
and Dakota. In California and New
York, when the husband or wife o.
the first marriage has been Ave years
absent and not known to be living In
that time, or Is generally reputed ant
believed by the party marrying again
to be dead, the second marriage will
be valid until It's nullity is adjudget
by a court Of competent Jurisdiction
In Iowa a bigamous marriage Ia void
but II the parties live together aftel
the death OF the former husband Of
wife the second marriage will be val
Id. The question Of geography agar
presents itself. In some states, II tn,
party has been absent long enough thu
second marriage will be valid and thu
returned wanderer will be debarred al
together Of his conjugal rights ant
privileges, while In other states thu
prolonged absence will protect the par
ties to the second marriage from tn,
penalties incident upon the charge o
bigamy. The ease with which divorce,
may be obtained In many states haI
induced persons to visit them and gail
a residence for the sole purpose o
dissolving the marriage bond. and tina
|, object accomplished they ~freQuentl!
return to their place Of domicile o
drift into other parts Of the countr!
and again take upon themselves mar
itai obligations. Children born o
, these subsequent marriages frequentl,
q have to suffer with the parents, b,
reason Of the fact that the states
I being independent sovereignties, so ia
as the law Of marriage and divorce 1
. concerned, have chosen to adopt q va
riety Of laws upon the subject, differ
ing radically; and by reason Of tn
haste or eagerness, and often secrecy
with which divorces have been oh
tanned away from home, It ~frequentl,
happens that the first marriage. whicl
4 was supposed to have been legally dis
solved. was not dissolved at all. F0
, instance, II a wife should succeed Il
obtaining a divorce In New York 70
q the husbands wrong, and the husban
= should again marry within the stat
n without waiting for his divorced wifi
to marry, and without receiving a Ger
t~ifcate of good behavior from the cour
Il in which the divorce was obtained. al
|. ter q period Of 1--WE years. and procur
ing the decree to be modified 20 as {
permit such guilty husband to MARI
again, this second marriage In Ne'
York IL void. II. however. the guilt,
husband went out Of the state an
got married the legality Of the secon'
n marriage would depend upon the Law
Of the state where It took place.
the ceremony was performed In Kan
sas, In order to successfully defend tn
charge Of bigamy the accused WOul