The times., 1897-08-31
SOLDIERS LEGAL WIDOWS
Another Ruling by the Commits
SiOner of Pensions.
ONE WHO WE'D A MARRIED NAN
Important Decision in the Case Of
Margaret Thomas-E Espeused II
Married Soldier, Who Became q
Baptist Minister-Wife No. Died
Marriage Contract Held Good.

Assistant Secretary OF the Interior Web
ster Davis has rendered important deci-
sion in the case of Margaret L. Thomas
widow of William b. Thomas late of Con-
pany A New York Heavy Artillery, on A
legal proposition submitted for the ruling
of the Department by the Commissioned
OF Pensions.
The claimant married the soldier in
Iowa October 4, 1875. and, removing to
Mi chigan immediately thereafter, lived
together as husband and wife from that
time until the soldier died. in 1895. 1t
superyened after his death that at the
time OF the soldiers marriage to claimant
he mad a former wife living in Ohio, from
whom he was then undivorced, butin Il S7T
however, were not known to claimant until
after the soldier died.
During the period Of their coverture, OF
over twenty years, they cohabited con
tinuouSly as husband and wife: affiliated
with the Baptist Church, joined in the
execution OF deeds and mortgages, ard
were recognized as husband and wife in
all relations by the communities in Michigan
wherein they domiciled, the soldier being d
minister of the Gospel and preaching in
tie BAPTIST Church. and the parties living
a pure ana blameless life.
Il appeared however, that Assistant Sec
retary Reynolds, on October 30, 1894,
rendered u decision in the case OF the
widow Of William a. Palmer, late Com
pany B, Fourth Michigan Infantry, wherc-
in he held that where one of the parties
TO marriage il ignorant OF the fact that
the other PARTY had, at the time OF such
marriage, a legal husband or wife living
from whom he or she had not been di-
yorced, and dies j n ignorance or such fact.
it becomes a legal imposSibility for the
surviving party to such second marriage,
who alone had knowledge Of the legal ira
pediment, To prove legal marriage. as in
such cases no consent can be proved after
The removal OF the legal impeachment
The Commissioner OF Pensions desired
to be advised how far this ruling should
be held to affect the claim of the widow
OF William B. Thomas.
The facts in the Palmer case were that
the widow married the soldier while she
she was not divorced. and concealed the
fact from him; and, when the soldier died.
she applied for pension as his widow
the first husband having meanwhile died.
Assistant Secretary Davis holds that the
decision OF Assistant Secretary Reynolds
in the Palmer case does not affect the
case OF the widow OF Thomas. as it was
properly held that the widow of Palmer
could not take advantage OF her own
wrong TO secure pension as the widow
OF the soldier, since no consent TO a corn
mon law marriage could be or was sought
10 be proved after the removal Of the i'm.
pediment.
In the present case. however, OF the
widow OF Thomas. Assistant : Secretary
Davis holds that, where il is shown b.
the evidence that both parties fully III
tended ana consented to the maintenance
of bona f!de marital relations at and sub
sequent TO the tsme " hen they We're com
petent TO sustain such status by removal of
pre-eEisting impediment, and did Consent
TO the maintenance Of such marital re-
lations by constant and continuous 90
la biJatiOn, acknowledging each other Us
husband and wife. and being universally
recognized S such by the community in
which they lived. joining in church mem
beTsidi, uniting in deeds and conyeyances
5 husband and wife, and deporting them
selves generally in accordance with good
morals valid marriage is essentially es-
rahlished, not under the lex loci of the
State Of Michigan, but that such is the
settled doctrine OF the American courts
Assistant Secretary Davis, in support OF
this view, cites the cases of sc(oIrun and
Schmldin, (6 r PensiUn Decisions, 93 and
200B; also, the cases of Hut tchins VS.. Kim
nell, 3 Michigan, 126 Peet VS.. eet, 80
Michigan, 464; and Williams VS.. Newell,
IS Michigan, 279, the opinion in the case
Of Hutchins Us. Kimmell having been de-
livered by the learned Judge Cooley