The National tribune., 1902-09-25
DEPARTMENT NEWS.

CONTRACT OF MARRIAGE = LE-
GAIITY-The pension claim of the wild
ow of Pierre Gabriel under the act of June
q, 1890, was rejected in April, 1899, on
the ground that claimant was not legally
married to the soldier till after June
q, 1890. The decision on appeal from
this rejection says asst Sec. Campbell,
June Z, 1902:
1.-The facts in this case are as follows:
The claimant and the soldier living in the
State of Louisiana, both being capable OF
consent and qualified to enter into con-
tract, no impediment existing, Oh or about
the year 1880, by mutual agreement, en-
tered into the state Of matrilnOny. In
pursuance of said agreement they began
to live together and cohabit and represent
themselves to their neighbors and friends
as sustaining the relation OF man and
wife. Several witnesses testified to these
facts, and their testimony is uncontrovert-
ed. They also testified that the parties
lived together in that relation up to the
time of the soldiers death, and had always
since the date above mentioned been re-
garded as man and wife in the neighbOr-
hood in which they resided. 1t also ap-
pears that, while they were so cohabiting
and living together, claimant gave birth
to a child on Feb. 10, 1888, which child
was named by them Marie Camille Ga
briel. 1t appears from the records of the
Church of Annunciation, located at 1903
Vaudeville street, city of New Orleans,
that said child was baptised on March %,
1883, as the legitimate daughter Of the
claimant and the soldier. 1t also appears
that the parties were married by cere-
mony on Oct. II, 1896.
.'The laws of Louisiana are peculiar in
some respects. That Commonwealth has
system of its own, derived from the
laws Of France and Spain, which are
based on the civil law Of Rome. Under
its laws, the marriage which is presumed
to have occurred in the light Of proven
facts recited in the above decisions is
not such, necessarily, as has been celebrat-
ed by ceremony after license obtained, but
such as may have been the result of a sim
pie contract to enter into the state OF
matrimony, and subsequently carried into
effect, by parties qualified to contract. In
several Of the States no celebration OF
marriage is necessary to make it valid and
lawful. Stewart, on Marriage and Di
vorce Up. 81, sec. 94) mentions the States
in which no celebration is necessary, and
among them is the State of Louisiana.
SIT is true that the claimant and the
soldier were married by ceremony in 1896
a fact which probably gave rise to the
inference that they believed that theil
former relations were unle ewful Suct
indeed may have been their belief at thu
time of the ceremonial marriage, and sucf
belief may have been, and probably WAS
the result Of recent advice upon which
they promptly acted; but that condition
is not sufficient to abrogate or nullify 9
lawful status which had been previously
established. The baptism of their chilt
in 1888 and the christening of the same
as their legitimate offspring, was tanta
mount to q public declaration to the work.
that they, at that time, believed them
selves to be man and wife. The laws o.
Louisiana made them such, and neithe
of them could by any subsequent act O
declaration have repudiated or DESTROYED
such a lawful status.
"1n the light of these facts It is hell
that the claimant is the lawful widow O
the soldier. IN view of which the actor
complained of is reversed. with direction
that the claim be readjudicated in accord
ance with this opinion"
DEATH CAUSE-PATHOLO
SEQUENCES.-The general law pension
claim of the widow of Andrew Juno wa
rejected on the ground that death-caus
was not due to the service. The decisio,
on appeal says asst Sec. Campbell, Ma,
q: 1902:
'The soldier was examined in connec
ton with this claim on Aug. 16, 1899, tw,
weeks before his death. The report O
said examination showed the condition O
the left leg as follows:
Claimant has eczema of left leg from
Knee to instep, encircling whole leg, an,
scar on inner surface of leg just aboy,
Knee joint two inches in diameter. from
same cause. In our opinion the result O.
venons stasls from typhoid fever. LET
eg at calf, IL inches; ankle, 13 3-4 inches
Nignt leg at calf, IA IL inches; ankle