The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1902-03-03
FIVE COURTS /
WILL WORK
The Judiciary Will
Have a Busy
Day.
ALL DIVORCES
ARE INVALID
Queer Mix-Up in Courts-Girl OF
Thirteen HAS Her Marriage
Annulled.

| The judiciary building win be the busi-
est place in town today. with five courts
| in session at the same time, II place
can be found for all of them. The Su-
/ nreme Court will begin its sessions at ~
! o'clock in the big court room. Judge
Gear will hold court in the Eva court
room. where Judge Robinson has been
| sitting this term. Judge Humphreys VIII
sit In MS own chambers, and where
Judge Robinson will hold court is sun
| puzzling everyone about the Judiciary
| building. Judge Estee presides down
stairs, and will begin Immediately upon
the trial of the case of United States VS..
The Honolulu Plantation Company. but
twelve men are ready for jury service,
and it will probably need three times
| thar number before jury can be secur-
ed to try the case. A special venire will
very likely be issued Immediately upon
opening of court this morning.
DIVORCES ARE INVALID.
On n demurrer raised by Gill & Farley
in a divorce case Saturday, Judge Hum
phreys made ruling which practically
declares every divorce decree granted
since June II, iiifaiu' cANNA
ruling. not only are these divorces null
and void, but any marriages which nave
been contracted by Divorces can De or
no effect, and any transfers of titles OF
property in which the signature OF nus
band and wife would also be involved.
Mr.. Farley's contention was made under
the following section of the Organic Act;
mo divorce shall be granted by the
legislature nor shall. any divorce be
granted by the courts of the Territory.
unless the applicant therefor snail nave
resided in the Territory for tyo years
next preceding the application, but TINS
provision shall not affect any actioh
pendine when this act takes effect
The Hawaiian civil law contains no
provision which would require any IeSai
residence necessary, in order to obtain
divorce and 1t is consequently quite easy
to obtain a separation here. The organic
Act however, declares that two yeours
residence is necessary. and it may cause
somewhat of a mix-up at least for thoSe
who obtained divorces since June IL, l%V'
without having lived in Hawaii for TWO
years previously. On strictly technlcai
grounds every divorce so granted Is IN
valid, as in each case the attorneys fail
ed to set out the fact # a legal residence
as Is required by the statutes. WHAT VIII
be done by those who obtained divorces
without the necessary term OF residence
is a serious question. Those Cat have
prosecuted for bigamy. though OF course,
nothing of that kind is probable. over
one hundred divorces have been granted
in the First Circuit alone since the Or
ganic Act went into effect, and the ruling
of Saturday will cause some OF the poo-
pie to look up the records iE their cases
and see If they have been legally divorc-
ed.
A DRAMATIC SCENE.
Judge Robinson granted the aDnullment
of marriage asked for Saturday in the
case of Jacintha Walsh vs. Patrick
Walsh, on the ground that the CIR! was
not old enough to agree to the marriage
The girl wife is but Is years OF age, ana
looks even younger. The husband IS over
30 The girl said she had not given her
consent 10 the wedding, but that her
mother had told her she had TO marry
Walsh. She is not overly bright. ana
could not even ten lie: own age. ana Use
records of a Lahaina priest were intro
duced to prove her extreme youth. She
said her .lIs3ard hal given tcr plenty or
money, and upon her marriage, gave her
a bag containing SOD.
There was a rather dramatic incident
during the trial of the case. Mr.. Fitch
appeared or The husband, who was
resisting the annulmedt of marriage,
and he asked the girl If she did not de-
sire the annuilment because she wished
TO marry boy named Frank De Sa-
The girl stolidly shook her head, and
upon further questioning, said she knew
no one of that name. Then Mr.. F1tcn
showed her a photograph and asked her
II that was not his picture upon which
the girl broke into tears and hid her
face. The picture was not only OF De