New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1899-06-25

wife OF the first husband, and will be so until
he dies.
"The increase Of applications for matrimonial
separation" Dr. Ferrante maintains does not
necessarily imply increased immortality in socle-
ty II is due largely to growing intelligence on
the part of the people. They beginning to
understand more clearly their rights and privi-
leges as provided by ecclesiastical law"
The sealed papers of cases tried before the
matrimonial court OF New-York during the last
fourteen years fill formidable archives. The
validity OF each marriage tie is tried according
TO one of the three codes recognized by the
Church-natural divine and ecclesiastical. BY
the law Of nature marriage requires only the
free and mutual consent of two persons who
are capable of conjuga union. and enter it for
ever. While the ceremonies OF the Church the
blessing of the priest the presence OF witnesses
are desirable and even prescribed, the Church
does not hold them absolutely necessary to con-
stitute a valid marriage. Since DEGREES issued
by the Holy once in 1850 some marriage cases
can be dealt with much more summary than
formerly. Real judiciary procedure is now dis
pensed with in three cases: Marriage is annulled
when two "infdels' marry and one becomes
afterward Catholic The latter has the priyi-
lege of ST. Paul to leave the "nfdel" party and
marry another. provided the "nfdel" husband
wife refuses to become a Catholic, or 20 live
peacefully with the party already baptized. The
second case applies to Catholics married without
the marriage being contaminated. For special
and grave reasons. the Church can dissolve such
Il marriage. When a couple marry and sepa-
rate before its contamination, and one becomes
a religious the solemn vows of profession dis
solve the marriage.
1t is impediment resulting from the disparity
in religion that comes mos, frequently before
the matrimonial courts in this country A
Catholic marries Protestant before minister
or squire without inQuring whether the non
Catholic party was baptized. They live to-
gether awhile then become estranged. and the
Catholic consort, taking up with some new love,
this time wishes to marry according to the laws
of the Church. simply marres without men
tiouing the former tie. On the other hand the
Protestant party may become a Catholic after
having become entanged in a new union or
when wishing to marry a Catholic. The ques
ton for the court to decide is which OF the two
unions is binding and valid
THE MATHEMATICIAN CASE
The first is identical with that Of Maude
Miller, daughter Of Joaquin Miller. the poet of
the Sierras. She was a Catholic. and came from
convent in Montreal to New-York City to
study for the stage. The son Of Steele Mackaye
fell in love with her and they were married in St
Francis Xavier's Church. in West Sixteenth-st
Fearing his fathers dspleasure. and the posi-.
bity of being cut off if the marriage was dis
covered, the husband proposed secrecy until
such time as il would be prudent to make it
known. After the ceremony the couple parted
at the Staten Island ferry. Later the bride
joined a theatrical company, taking the role OF
Maude Miller in one of her fathers plays. The
tour was not successful and the manager Lou
don Mccormick, proposed marriage to Miss Mil
Ter to save expense. They were married at Chi
cago by Jesuit priest. The story got into the
papers. The interested parties declared that