The Washington times., 1902-04-14

to a standstill. The matter was taken In
hand by the District Attorney, and in less
than. thirty days decision Of the Court
OF Appeals for the District was secured,
which settled the matter for all time.
The next matter Of Importance which
was taken up for consideration was the
constituting Of the law Of divorce as set
forth in the code which went into effect
on January ! last. This made many rad
ical changes in the statute relative to d.
vorce in the District.
Only Biblical Cause.
All grounds for divorce, except the bib
lical cause, were eliminated, thus leav-
ing only one condition on which an abso-
lutte separation of man and. wife would be
considered. While this law is operative.
there is pending before Congress an
amendment suggesting its repeal, and the
substitution OF the old law for the new.
In the hope that the amendment would
be adopted by Congress before the new
law became operative, hundreds OF cases
in which divorce was asked for on the
grounds OF cruelty, desertion, and drunk
enness were left pending before the local
courts. The amendment was not adopted
and SO the matter stands.
In connection with the consideration of
the great number ofssuits for divorce
pending, which were commenced under
the old law, on grounds other than inf
deity, ii became necessary to determine
whether or not the local COURTS could
grant a decree after January l last, the
time the new law became operative for
a cause other than the one set forth in
the code.
Decision on Divorce.
The question. in all its different phases,
was submitted to Justice Hagner some
time ago. and was argued pro and con
at length by counsel on either side.
few days ago he announced his opinion
in the matter, which practically settles
another most important matter in con-
nection with the code.
In disposing of the matter Justice Hag-
ner said:
In cases which have been brought since
the code went into operation claiming
only a divorce a mensa ct thoro, for
drunkenness and its kindred offenses,
there can be no decree for divorce in the
absence of a law which shall state dis
tinctly according to what may be the wish
OF Congress) whether the courts are to
be empowered to decide or those cases
at ali. and if SO whether they are to give
the divorce according TO the provisions
of the old law or according to those of
the code; and that in the absence of a
further amendment. In such cases, ali
mony pendente lite cannot be granted on
bills filed for divorce a mensa ct thoro,
since January /. 1902. as that relief, IN
der section 975, is claimed only during
the tendency OF a suit for divorce from
the bonds CT marriage or of a suit for
annulling marriage.
Reference to Old Suits.
with reference to the suits which were
commenced before the code came into
operation / am of the opinion there can
be no divorce with respect TO the charge
of drunkenness, cruelty, or desertion, in
the absence of an amendment distinctly
stating (if such be the desire Of Congress)
that they should be tried by the court
row: and determining whether the relief
granted should be according TO the old
Law or according TO the new; and with
such a clear description of the character
of the drunkenness. desertlon, and cruelty
spoken of. and OF the duration Of the
ofienses which would entlue the com
plainant to relief"
IL is true that counsel for the petitioner
for divorce noted an appeal to the Court
of Appeal for the District The conscn-
sus of opinion of leading members of the
bar. however, is that the judgment of
Justice Hagner will not be disturbed, and
his ruling accepted as a precedent in all
matters pertaining to the law OF divorce
under the code
Thus il is that two most important mat
ters concerning which 1t was thought
there would be long courses of litigation
are already practically settled for all
time.
Number Of Defects.
In discussing the disposition of these
matters a member OF the bar said that
while there are still large number Of
defects in the code TO be remedied there
IS but little doubt that they will be han
died with the same promptness that has
already been shown by the courts in set
fling the matters which have been pre-
scented.
In this event there is every hope, he
said. that within q very few years all
questions in controversy will be settled
by the higher courts and the District have
an excellent code OF laws for its govern
plent.