The Pioche weekly record. [volume] (Pioche, Nev.) 1877-1900, 1897-07-08
POINTS On BIGAMY.
The Crime May Re Committed
UnintentionaIy.
Construction OF the Laws in Dinercn
states-Ensy Divorces Are some
times the Cause of Much
Trouble.

A4AN "AAouS states anu lekEALOIleS ana
theirradical differences some times make
II difficult matter, if Que remarries
after divorce and doesn't stick to his
own state, to avoid becoming innocent
ly a bigamist.
Double marriage and, incidentally,
the charge OF bigamy may arise in two
classes OF cas.s; first, where one mar
ries relying upon the belief that for
uer marriage has been dissolved w
death, which is presumed on account o.
the prolonged absence of one of the raT-
ties, and, second, where one marries
relying upsn the belief thata prior mar
riage has been dissolved by judgment
OF divorce.
Where absence is the ground of iusti-
tication for double marriage the law
declares how long such absence must
continue before u second marriage is
permitted. The period Of time varies
in different states. When Judgment
81 divorce is the ground Of Jus Dilcali0u
charge Of bigamy may be sustained
either because the divorce is void or be-
cause it is valid. This proposition
scenes to involve a contradiction OF
terms, but in consequence Of the peeul-
lar provisions of laws which exist upon
the subject in q number Of neighboring
and continuous states Independent OF
each other and absolutely sovereign
with regard TO divorce legislation, the
proposition is literally true.
A single example will illustrate this
apparent anomaly In Maryland, il a
divorce is granted, the court may, in its
discretion, forbid the guilty party to
marry during the lfetime cf the inno-
cent party and violation Of the proni-
bition constitutes bigamy. So that 3
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. Els guilt would be
established US certainly as if the first
marriage had never been dissolved, or
or as if the judgment Of divorce, instead
of being valid and binding, were void
and Of no validity.
Biganous marriages, under the law,
4 are void, or, in few cases, liable to b.
| SO declared. This Is true in California
| and Dakota. In California and Eev
York. when the husband or wife Of the
| irst marriage has been five years all
sent and not known to be living in tha
time, or is generally replted and }a-
l3eFed by the party marrying agaia ta
be dead, the second marriage viii hs
ealid uHtil its nullity is adludeed s.
cauIt q T competent jurymeu In Tou.
/ q bieamous marrl3ga is void, buj IL Il
/ pa1ti i've together after the death
The f9ruer Lusbard or wife the second
marriage win be void
The question Of geography again pre-
sents itself In some states, if the
party has been absent long enough thg
second marriage viii be valid ard 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 q
bigamy.
The ease with which divorces may be
obtained in many states has induced
persons to visit them and gain a resi-
dence for the sole purpose of dissolvine
the marriage bond, and that object ac-
camplished they frequently return tc
their place of domicile or drift into
other parts of the country and again
take upon themselves marital obliga,
tions.
Children born OF these subsequenr
marriages frequently have to suffe
with the parents, by reason of the fac
that the states, being Independent soy
ereignties, so far as the law of marriag,
and divorce is concerned, have chosen I.
adopt variety of laws uron the sub
ject, d ifering radically; and by reasc
Of the haste or eagerness, and Otter
secrecy, with which divorces have beei
obtained away from home, it frequent.
happens that the first marriage, whicl
was supposed to have been legally dis
solved, was not dissolved atall.
Tor Instance, if wife should succeet
in obtaining q divorce in New York 70
the husbands wrong, and the hushan
should again marry within the stat
without waiting for his divorced VIII
t to marry, and without receiving a cel
| lifcate of good behavior from the cour
+ in which the divorce was obtained afte
period Of five years, and procuring t b
decree to be modified SO as to reImi
such guilty husband to marry agaiI
+, this second marriage in New York
/ void. If, however, the guilty hushan
. went out Of the state and got Marie
the legality Of the second marriag
} would depend upou the law Of the sta
u where it took place. II the cerenon
was performed in Kansas, in order
successfully defend the charge Of bi,
amy the accused would have to sho
that by the New York divorce he wi
not prohibited from marrying again, 0
Il il so prohibited, that the time OF suc
: disability had expired If the secoi
! marriage happened to be in Kentu
! divorced person SO marrying Ve
have to show that he had been relrt
: ted again to marry. Ii the second Z.
y anee was contracted in MassaehCset
!, within two years after the FIRST divor
4 he would have to show Chat he was =
!" the guilty cause OF the divorce Il
= same result would follow il the secol
= marriage took place in Minnesota or
+ Florida. ru Miseotri 'iecreed e