The times. [volume] (Washington [D.C.]) 1897-1901, 1901-03-11

attorney to enter his appearance therein
! In order to prevent cOllusion and to pro
| tect public morals.
| Sec 966. Causes for divorce a vincuo
! and for divorce msnsa ct thoro-A di-
! vorce from the bond of marriage may
/ be granted only where one of the parties
! has committed adultery during the mar
| riage. Provided, that in such case the
| innocent party only may remarry, but
| nothing herein contained shall prevent the
| TemarTiage Of the divorced parties to eacn
! other: and provided that legal separation
! from bed and board may be granted Tor
! drunkenness. cruelty. or desertion, and
| provided that marriage contracts may DE
| declared void in the following cases:
! ''FirSt-N here such marriage was con-
| tracted while either OF the parties thereto
| had former wife or husband living, I'M
| less the former marriage had been law
! fully dissolved.
| tracted during the lunacy of either party
| iunless there had been voluntary cohahi-
| taton after the lunacyD or Was procured
by fraud or coercion.
"Third-Where either party was matri-
monlal!y incapacitated at the time of mar
riage and has continued so.
Fourth-Where either of the parties had
not arrived at the age of legal consent to
the contract of marriage unless there has
oeen voluntary cohabitation after coming
TO legal age, but in such cases only at the
sult OF the party not capable of consent
Sec. 967 Foregoing section not retro,
actNe-The provisions of this act shall
not invalidate any marriage heretofore
soiemnlzed according to law. or affect the
validity of any decree or Judgment of di-
wore heretofore pronounced"
When this particular part of the code
was being considered by one of the COM
mittees composed of members of the local
mar an amendment was offered providing
Tor the criminal prosecution of parties be-
lieved to have sworn falsely in the inter-
est OF either party to the proceedings for
divorce. The amendment referred partic-
ularly TO the naming of co-defendants in
cases where statutory grounds were
charged. In such instances II was the in
tention of the amendment that where the
justice OF the Supreme Court of the Dis
tr1ct who heard the testimony found that
any witness had sworn falsely the mat
ter should be referred TO the grand jury
for investigation. In the event that il
was found that any person swore falsely
Tor the purpose of duplicating some one
named as a co-defendant such person. il
was suggested. would be liable for indict-
meht, not alone Tor perjury, but also for
criminal libel. This suggestion. however
was not incorporated in the law of di-
YorcC
vorce have been filed in the Supreme
Court of the District in which it was
sought to have the bonds of matrimony
severed for most trivial reasons In a
case which was recently heard by Justice
Bradley, who dismissed the petition a
man asked for divorce from his wife sim
Ply because she declared she dld not love
him, but who was willing to live with
him for appearance sake. Others have
asked for absolute divorce on the ground
of incompatibility Of temperament be-
tween the parties to the suit
There is a petition for divorce on file in
the office of the clerk of the court where
in wife declares her husband carried a
saw TO bed with him at night. In another
the husband asked for divorce from his
wife because she insisted on sleeping with
a razor under her pillow. In still another
a wife wanted divorce because her hus-
band permitted the servant girl to take
her meals at the same table with him and
allowed her to go out evenings.
In the great majority of cases where the
charge made by the person asking for
divorce is either cruel treatment or on
statutory grounds, the defendant, in
his or her answer as the case
may be, makes similar accusations
against the petitioner.
Besides the petitions filed in which alb
solute divorce is asked for. there are a
great number of suits filed by wives for
the purpose Of securing separate support
and maintenance. In such case 1t is gem
orally alleged that the husband is enjoy
ing the benefits of a large salary, and, Incl
dentally, the society of some other woman.
There are cases on record in the Supreme
Court of the District where other grounds
are set forth in the complaint. In such
cases as these, the husband often
puts up as defence that his wife is too
fond Of the attentions and society of
other men, and. in one instance recently
brought to the attention OF the court the
husband declared that his wife had form
ed to great an affection for another wo-
man and refused to leave her and 20 and
live with him. After hearing testimony
at a preliminary investigation the court
ordered the husband to pay his wife s45
per month as alimony during the pend
ency of the proceedings The woman
who il was claimed by the husband had
alienated the affections of his wife has
however, left the city, but the wife still
remains away from her husband. In con-
nection with this, it may be stated that
the wife referred to refused to live with
her husband in less than three days after
heir MARRIAGE