Phillipsburg herald. [volume] (Phillipsburg, Kan.) 1882-1905, 1897-05-06

times make 1t q difficult matter, II one
remarries after divorce and doesn't
stick to his own state, to avoid be-
coming quite innocently bigamist
The fact that person has more than
one husband or 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 a crime
and attached to it penalties more or
less severe. Double marriage and
incidentally, the charge of bigamy may
arise in two classes Of cases; first,
where one marries relying upon the
belief that former marriage has been
dissolved by death, which is 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 judgment of divorce
Where absence is the ground of justi-
fication for double marriage the law
declares how long such absence must
continue before second marriage is
permitted. This period Of time varies
In different states. Where judgment
of divorce is the ground OF justifica-
ton charge Of bigamy may be sus-
tanned either because the divorce is
void or because it is valid. This prop
osition seems to involve contradic-
ton of terms, but in consequence Of
the peculiar provisions of laws which
exist upon the subject in a 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,
If divorce is granted, the court may,
in its discretion, forbid the guilty par
ty to marry during the lifetime Of the
innocent party and a violation of the
prohibition constitutes bigamy. So
that man or woman may be divorced
and yet if the guilty party should wed
contrary to the judgment of divorce
the act would be criminal. His guilt
would be established as certainly as II
the first marriage had never been dis
solved, or as if 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 few cases, liable to be so
declared. This is true in California
and Dakota. In California and New
York, when the husband or wife of
the first marriage has been five years
absent and not known to be living in
that time, or Is generally reputed and
believed by the party marrying again
to be dead, the second marriage will
be valid until it's nullity is adjudged
by a court Of competent jurisdiction.
In Iowa a bigamous marriage is void,
but if the parties live together after
the death of the former husband or
wife the second marriage will be val
3D. The question of geography again
presents itself, In some states, II the
party has been absent long enough the
second marriage will be valid and the
returned wanderer will be debarred al
together of his conjugal rights and
privileges, while in other states the
prolonged absence will protect the par
ties to the second marriage from the
penalties incident upon the charge Of
bigamy. The ease with which divorces
may be obtained in many states has
induced persons to visit them and gain
a residence for the sole purpose of
dissolving the marriage bond, and that
object accomplished they frequently
return to their place of domicile or
drift into other parts of the country
and again take upon themselves mar
ital obligations. Children born OF
these subsequent marriages frequently
have to suffer with the parents by
reason of the fact that the states,
being independent soverelgnties, so far
as the law of marriage and divorce is
concerned, have chosen to adopt a va
riety of laws upon the subject, differ
ing radically; and by reason of the
haste or eagerness, and often secrecy,
with which divorces have been OBJ
tanned away from home, it frequently
happens that the first marriage, which
was supposed to have been legally dis,
solved, was not dissolved at all. For
instance, if wife should succeed in
obtaining divorce in New York for
the husbands wrong, and the husband