The National tribune., 1899-11-09

divorce being presumed, notwithstanding
| the claimant had not obtained such, and
it was not in evidence that the sailor had
ever had his marriage to her Legally Ter
minated, though he left surviving an
alleged widow in Central America. The
| alleged widow has never presented claim
or substantiated her alleged marriage
The decision assistant Secretary DAVIS.
Sept. 22, 1890 says: THE marriage OF
claimant and sailor has been proved by
not only the best evidence that the case Is
susceptible of, but by the very highest
class of evidence. This marriage is a
matter of record, and transcript of said
| record is on file Moreover. the letters
hereinbefore referred to show conclusiVely
| that the sailor recognized this marriage
relation; and, further, you admit tins
marriage as legal one. Now. this mar
riage being an accepted fact, it is of con-
tinued binding and full force until another
status is shown, and nothing but the death
of one of the parties or divorce by a court
of competent jurisdiction can break the tle
and render subsequent marriage Valiu;
Death did not intervene in this case. ana
the sole reason on which you hold tins
marriage Sundered is found in the words
previously quoted; viz:
by reason of the long separation and
absence of the husband of nearly on quite
so years, and remarriage on his part
divorce must be presumed
Now, it may be stated as a sound lega!
proposition and without fear of successful
refutation that never i'll the history OF
trials where marriage is the issue has II
been held solely upon the showing that
there has been separation OF 90 years or OF
of any number of years that a divorce VIII
be presumed. The contention to the op-
posite effect is clearly unSound. and L
have never before heard of such propo-
stion being urged. Sometimes,
although rarely, as heretofore stated, a
divorce will be presumed. In such cases,
however, the reason for such presumption
is not that the rights of former legitimate
wife may be cut off, but that one who
has shown herself as being a wife i'll fact
may be held to be so in law, in order that
marital rights may be decreed to the one
whom the facts in evidence show clearly
entitled to such rights. Neither this
Francisco nor any other woman, save
claimant, is entitled to any rights as the
widow of sailor, and the evidence fails to
show that any one but claimant claims
any such right. | hold, then,
in this case: Claimant was legally married
to the sailor. No other marriage OF sailor
has been shown, and no facts have been
brought out whereby it could be presumed
that sailor ever married again. Claimant
has satisfactorily proved in a sufficient
degree neceSsitated by the facts that there
was no divorce between herself and the
sailor, and there is no reason shown where
by it is necessary to presume for mo-
ment that any divorce was needful.
in view of the peculiar grounds of re-
lection herein, | also hold: No divorce will
be presumed in pension cases unless it be
shown beyond question that the soldier
or sailor through whom pension is claim
ed actually contracted u subsequent mar
riage, the proof of such subsequent mar
riage being as strong as that regarding
the first marriage; and then only when all
the facts in the case warrant the conclu-
sion that divorce was actually obtained
The mere fact that one lived with any
other man or woman in the marital rela-
ton, or the mere fact that there was a
ceremonial subsequent marriage, is not
sufficient TO warrant the presumption of
divorce. There must be other substan-
tial facts on which to base such presump-