The Bryan daily eagle. (Bryan, Tex.) 1895-1898, 1897-05-09

"hfIt one mhffltd relying upon tht
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. whore
one marrles relying upon the belief
that a prior marriage has been dis
solved By a judgment Of divorce
Where absence is the ground Of iustl-
acation Tor a double marriage the Law
declares how long such absence must
continue before n second marriage is
permitted. This period OF lime varies
Ia different states Where a judgment
Of divorce o. the ground OF iustihca-
ton a charge Of higamy may be sus-
talned either because the divorce Is
void or because Il is valid. This prop
osltion seems 20 involve a contradic-
ton OF terms. but In consequence OF
the peculiar provisions Of laws which
exist upon the subject In q number
Of nolghbor.ng and contiguous states
independent % each other and abso-
lutely sovereign with regard 20 divorce
legislation. the proposition g. literally
true. A single example win illustrate
this apparent anomaly In Maryland.
II divorce o. granted. the court may.
In its discretion. forbid the guilty par
y 20 marry during the lifetime Of the
innocent party and a violation Of the
prohibition constitutes blgamy. SO
that a man or woman may be divorced
and set u the guilty party should wed
contrary to the judgment o. divorce
the act would be- criminal Hts guilt
would be estahllahcl as certainly ns u
the lrst marriage had never been dls-
solved. or as 10 the Judgment OF divorce.
instead Of being valid and binding
were void and o. no validity. Big
amous marriages. under the law. are
void. or In a few cases. liable 10 be- So
declared This Is true 10 California
and Dakota. In California and New
York. when the husband or wife OF
the hrsi marriage hes been Eve years
absent and not known % b. living In
that time. or is generally reputod and
believed hy the party marrying again
20 be- dead. the second marriage will
be valid until its nulllty o. aiiudred
/ by a court OF competent Jurisdiction.
/ In Iowa a higamous marriage Is void.
but n the parties live together after
the death OF the former husband or
wife the second marriage viii BE- val
a. The question o. geography again
/ presents Itself IN some states. n the
party has been absent long enough the
second marriage will be valid and the
returned wandcrer viii be dehlrred al
together OF his ooniural rights and
privileges. while in other states the
prolonged absence win protect the par
/ ties 20 the second marriage from the
penalties incident upon the charge o.
/ bIgamy. Tho ease with which divorces
may be obtained In many states has
/ Induced persons 20 visit them and gain
a residence Tor the sole purpose OF
/ dlssolylng the marriage bond. and that
object accomplished they frequently
return 20 their place OF domlcilo or
drift into other parts OF the country
and again take upon themselves mar
ital obligations Children born OF
these subsequent marriages frequently
have 70 suffer with the parents. by
reason % the fact that the states.
being independent soyerc.gntles. 30 Ear
as the law OF marriage and divorce Is
concerned. have chosen 10 adopt a va
rIcty 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
talned away from home. q frequently
happens that the first marriage. which
was supposed 20 have been legally dis
solved. was not dissolved az an. For
Instance. n wife should succeed On
obtaining q divorce IN New York Tor
the husbands wrong. and the husband
should again marry within the state
without waiting for his divorced wife
10 marry. and without receiving n GER
uacato OF good behavior from the cour,
In which the divorce was obtained. az
Ter period OF eve years. and procur-
Ing the decree 10 De modified 30 as 20
permit such guilty husband 90 marry
again. this second marriage IN New
York Is void. No. however. the guilty
husband went ont Of the state and
got married the legality OF the second
marriage would depend upon the law
Of the state whore 10 took place n
F. the ceremony was performed In Kan.
sas. Ia order 20 successfully defend the
charge OF hlmmy the accused would
have 90 show that by the New York
divorce be was not prohibited from
marrying again. or, n 30 prohibited
that the time OF such disability had
expired. n the second marriage hap
pcncd to be IN Kentucky a divorced
person 80 marrying would have 90
show that ne had been permitted again
TO marry n the second alliance was
contracted IN Mas achusctis within
two years after the nrsi divorce hg
would have TO show thar he was not
the guilty cause OF the divorce. The
same result would follow n the second
marriage took place IN Minnesota OF
IN Florida. IN Missouri divorced
person marrying aenin must SHOW that
the decree OF divorce drs obtained
contained no provision whereby he Wal
forAldden 70 marry.