The Washington times., 1902-01-27
MANY QUESTIONS
BEFORE COURT
Law in Code Regarding Di-
vOrCe a Vital One.
NUMBER OF CASES PENDING
Effort VIII BE Made to Strnighten
Out Complications Considered
Now Existing.


will be called upon to settle many ques-
tions in the effort of the local bar to
bring law and order out of the chaos
which the code has created. The decision
OF Mr.. Justice Shepard declaring the grand
jury Illegal was hardly placed upon rec
ord when the constitutionality of the ap-
pointment of the justices of the peace
was raised by petition for certiorari. 1t
is contended that the President had no
power to name the justices of the peace
and the Senate TO confirm their nomina-
tfons until after January l. The act Civ
ing the President authority to appoint the
justices did not go into effect until Janu-
airy /; still they were named early in De-
cember and confirmed by the Senate De-
cember Il.
Many Divorce Cases.
This is an easy problem to solve, mem
bers of the District bar think. when it is
considered in comparison with the law OF
divorce as set forth in the code. There
are hundreds of suits for divorce now
pending in the equity branch of the Su-
preme Court of the District, the outcome
of which is dependent upon the construc-
tion of the law of divorce which went
into effect on January /, 1902.
Section 966 of the code prescribes. "A
divorce from the bond of marriage may
be granted only where one of the parties
has been guilty of the chief violation
against the statute.
Under the old law, however, divorce
could be secured for any one of several
causes. decree would be granted on the
ground of desertion, habitual drunken
ness, infidelity. non-support, incompati-
bility of temper, and others.
In great majority of the suits for
divorce now pending. which were filed
before the code went into effect on Janu-
ary l. 1902. in but few is a legal separa-
tion asked for on statutory grounds.
A Pertinent Question.
In considering the status of proceedings
for divorce on other grounds than the
ones filed before the code went into effect,
and in which separation is asked for on
grounds other than the one mentioned in
the code, members of the local bar are
daily asked: VIII the local court sign
a decree granting divorce for other than
statutory grounds?"
Opinion on the subject is divided some
believing that the courts will hold that
the code is not, and was not, intended
to be retroactive. while others contend
that there is no mistaking the intention
Of section $50. which states that divorce !
may be granted only on statutory grounds. |
1t is also contended that section 163s |
is intended to clear up this matter when |
it states: ANY act done or any right ac-
cruing or accrued or any suit or pro-
ceeding had or commenced in any civil !
cause" shall not be affected. This sec
tion gives rise to another question. "ls |
a suit for divorce a right accruing or a !
civil cause?" The Court of Appeals for |
the District, it is said, has held that it
is not.
Concerning AIimony.
In considerati ticn of the law of divorce
whether or not under the code alimony
pendente lite can be granted in cases
where only limited divorce is prayed for.
This question came up one day last
week in the local courts. in connection
with a motion for alimony in suit for
limited divorce. While not absolutely de-
ciding the question, the justice, before
!
ntmated that no suit for divorce
rom bed and board-a limited di-
sorce-could be brought independently
inder the provisions of the code. but
hat the code seemed to allow such di-
'orces only in cases where an absolute di-
'Orce is asked and the cause is sufficient
)nly for a partial divorce The Justice
,lsO intimated that alimony pending
suit was not allowable under the code
n suits from bed and board. In the case
Inder consideration. the cause for divorce
stated in the petition was desertion on
grounds not mentioned in the code. The
notion for alimony was denied.
Real Work OF Term.
The petty juries drawn by the jury com
lissoners on Thursday last Will report
or duty February g. and then the real
'ork OF the term in the Criminal and Cir
uit branches OF the local courts Will
egin Because of the illegalty of the
Iries drawn for the month of January
here were no criminal cases tried dur
lg the month. This will naturally great
? increase the work for the remaining
erm of the court. For this reason it is
xpected that both branches Of the Crimi
al Court will be kept busy from the be-