The Mankato free press. [volume] (Mankato, Blue Earth County, Minn.) 1879-1924, 1901-04-19
DIVORCES NO GOOD
Both Parties Must Have Legal
Residence Where Granted.
Serious Blow to the Dakota Divorce
Business.-..U. S. Supreme Court
Decision.

Minneapolis Times Washington cor.
: respondence:
| The United States supreme court Tues
day handed down decision declaring
! invalid all divorces in which either
husband or wife has gained a legal
residence in one state, while the other
retained the original matrimonial resi-
dence in another state. Divorces OBJ
tanned in North or South Dakota, to be
legal, must have been secured through
the husband and wife both acquiring
a legal and matrimonial residence in
the state where the decree was
| granted.
The decision, which was handed
down by Justice Gray, dwells on the
point that divorce to be valid must
be secured where the married parties
have their matrimonial residence. A
decree granted in North Dakota is
without faith or credit in the state
| where the matrimonial residence ex-
lists. The opinion does not touch the
point as to whether such a decree is
valid in other states than the one in
which the matrimonial residence ex-
lists, but by inference it is not.
According to the judgment rendered
today, if a husband and wife both go
to North or South Dakota, or any
other state, and acquire a legal resi-
dence they thereby gain a matri-
monial residence and the divorce con-
sequently becomes valid. But if either
party goes alone and secures the de-
cree, that vitiates the divorce.
The case of August Strietwolf
against Elizabeth Strietwolf, coming
to the supreme court OH a writ of err
rors and appeals in the last resort in
all cause in the state of New Jersey,
was the case in which interest chiefly
conferred, as it involved the validity of
Dakota divorce. The New Jersey
higher and lower courts held divorce
granted in North Dakota to be valid.
The United States supreme court
affirmed these opinions
A Washington case illustrates the
general Importance of this sweeping
decision. Last week it was announced
that James &. Blaine. son of the fam
GUS statesman, was to marry the
daughter of Rear Admiral Hichborn,
retired. Blaine has Dakota divorce
Under this decision it is not legal.
The supreme court today reversed a
decision by Judge Lochren in the dis
trict court of Minnesota and declared
that the decision in the war revenue
act requiring a revenue stamp to be
affixed to export bills of lading is I'M
constitutional and therefore void. The
decision was delivered in the case of
Frank NJ Fairbank, agent of the
Northern Pacific railroad, who was ar
rested in Minneapolis for issuing for
eign bills of lading for some wheat,
without affixing thereto the revenue
stamp. He was arrested and fined $25,
and he brought the case to the supreme
court on writ of error, charging
that the section of the law was in
violation Of article 1, section 8, of
the constitution, which provides /:
No tax or duty shall be laid on ar
ticles exported from any state. -
The decision was rendered by JUS
tice Brewer, Justices Harlan, Gray,
White and McKenna dissented.
The case of the st. Paul Gas Light
company against the city of st. Paul
was dismissed for want of jurisdic-
ton. The case involved the constr uc-
tion between the city and the COM
pany for street lighting, which it w as
alleged was broken by the city.
The city ordered the gas company
to remove its posts, made useless by
the introduction of electric lighting.
Under the contract the city was pay
ing interest to the company in the cost
of the pc les. Justice White remarked
that the ordinance did not necessarily
effect a breach of contract.