Evening star., 1902-04-12
BARS DIVORCE SUITS
JUDGE HAGNER'ss VIEW OF NEW
CODES EFFECT.
Legal Separation Can Be Granted Upon
One Charge only-Suits
Already Begun.

In ruling late yesterday afternoon, as
stated in The Star, that's proceedings for
divorce instituted prior to the time the new
code came into effect the 1st of last Janu-
airy, and alleging other grounds than adul-
terry, cannot now be considered, Justice
Hagner of the Supreme Court of the Dis
trict of Columbia, said in part:
"A large number of applications for di-
vorce have recently been presented to the
court which were instituted before the 1st
of January, 1862 In some of them the tes-
timony has been fully taken; in others only
partially, or not at all. Some of the APP
plications were for divorce from the bond
of marriage upon the ground of adultery.
either alone or in connection with charges
OF drunkenness, cruelty or desertion; and
otners were upon some or all of the latter
charges, omittfng that of adultery. Still
others were applications for Independent
alimony without prayer for divorce.
All or the causes in which adultery was
charged have been regularly acted on, since
as the code recognizes a divorce for adul-
terry there Is plainly in existence law
under which such a decree could be rem
dered. In the same manner the court has
assumed Jurisdiction Of the applications for
independent alimony, since the jurisdiction
or chancery to grant such relief Is indie
pendent of statute, and the section of the
code on that subject only contains directory
provisions in connection with it's admins
trat1on But In others Of the causes COM
menced before January, 1902, which do not
claim divorce for adultery, but rely only
upon the charge of drunkenness, cruelty or
desertion, action was suspended, as I de-
sired TO near argument before deciding
whether the court was authorized to take
jurisdiction Of them in the present state of
the law.
Question of Jurisdiction.
'The existence of well-founded doubts on
nneStinn nj i1,ric
careful examination, for as the parties to
divorce suits frequently marry after d.
vorce an erroneous assumption of jurisdic-
ton in such contingency might involve the
risk Of bastardizing innocent issue 1t was
also thought best to wait and see whether
Congress might, by amendment Of the
code, remove whatever difficulties might be
shown to exist in the present state Of the
law.
"A demurrer to the relief claimed was in
terposed, and careful arguments have re-
Gently been presented by counsel in the
case OF Daoney against Dabney, which is
one or this class of cases, and 1 shall now
express my opinion with respect to all of
them IN considering the case at bar. =
The Courts Conclusion.
my opinion upon. the various questions
have been considering Is that in cases
which have been brought since the code
went into operation claiming only divorce
a mensa ct thoro for drunkenness and its
kindred offenses, there can be no decree for
divorce, in the absence of an amendment
or the law which shall state distinctly lac
cording to what may be the wish of Con-
gress), whether the courts are to be en-
powered to decide on those cases at all; and
II 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 further amendment in
such cases alimony pendente lite cannot
be granted on bills filed for divorce a mensa
ct thoro since January 1, 1902, as that re-
lief, under section 975 Is claimed only dur
Ing the pendency Of a suit for divorce from
the bond of marriage, or Of suit for nuui-
ty of marriage.
Suits Begun Prior tat Code's Operation.
With reference to, the suits which were
commenced before the code came into op-
GRAFTON, / am of opinion there. can be no
divorce with respect to the charge of
drunkenness, cruelty or desertion in the alb
sence of an amendment distinctly stating Of
such be the desire Of Congress) that they
should be tried by the court now, and deter
mining whether the relief granted should
be according to the old law or according to
the new; and with such clear description
of the character of the drunkenness, deser-
tion and cruelty spoken Of and Of the dura-
tion of those offenses which would entitle