Omaha daily bee., 1903-01-20
DAKOTA DIVORCES INVALID
Supreme Court Holds SIX Months Residence
Does Net Change citizenship.
CONGRESS MAY TO- Nd NAVAL MILITIA
shaw Notifies Banks TO Withdraw
state and Municipal Bonds and RE-
substitute government Paper
as Deposited security.

WASHINGTON. Jan. 19.-The supreme
court again today passed upon the validity
Of divorces granted in South Dakota to
nonresidents. The case was that Of Annie
Andrews versus Kate H. Andrews, and the
question at issue was as TO which was
entitled to administer the estate Of Charles
S. Andrews, whom both women claimed as
husband.
Mrs. Kate Andrews was the first wife.
Her husband secured a divorce in South
Dakota after remaining there six months,
the time required by the statute OF that
state. The Massachusetts courts held the
decree had been fraudulently secured and
refused to recognize it. and tcday's opinion,
which was delivered by Justice While. af-
frmed that holding.
He said that Andrews residence in the
state OF South Dakota did not constitute
a legal domicile. The case arose over the
fact that MIR. Andrews father. Charles P.
Andrews. bequeathed certain property to
the wife of my sen. Charles S. Andrews"
Justices Brewer, Shiras and Peckham dis
scented.
In passing upon the case Justice White
discussed at some length the question
whether the federal constitution was in
volved. He held that this could not be
" III ltdEOh AhdN II Atutlh II EuNNIu III
never had any power, control over mar
riages always having been vested Ia the
states and never parted with by them.
Hence there was no power that congress
could exercise to regulate or prohibit di-
vorces, and II must follow that unless the
several states were permitted to control
the subject of divorce among their own
citizens the subject would be entirely un-
controlled, in which case the absolute de-
struction of society would follow As Mr..
Andrews had been a citizen of Massachu-
sets, the courts OF that state had juris-
diction and not the courts of another
state.
1t was evident. he went on, that the six
months residence in South Dakota had
been taken up for the sole purpose of
securing a divorce. That temporary change
Of residence did not amount TO domicile
or TO a change Of citizenship. For this
reason ne held that the South Dakota court
was without jurisdiction in the divorce
proceedings and its decree wholly void.
Neither did it matter IL Mrs. Andrews had
been induced to consent, for a money con-
sideration, as had been alleged. The fact
was that the case was one for the Massa-
chusetts and not the South Dakota courts,
and they could not be deprived of their
power.
Justice E1OlLlt6 AOOh hb palN IA Nv 49, -
decision. as when chief justice Of Massa-
chusetts he had delivered the opinion de-
claring the South Dakota decree Invalid.
Asks Laws for Hawaii.
Senator Mitchell today introduced bills
intended to carry into effect some OF the
recommendations Of the senate committee,
which recently visited the Hawaiian
islands. The bills amend the organic act
-a..ox- o. uaarc IF aoe and
Of one years residence in the Islands
eligible to membership in the territorial
senate, and persons 81 years of age eligible
as repI ,sentatives, permit the governor and
secretary of the Islands to be appointed
from, any portion of the United States and
moo from the islands alone; require the ter
ritorial treasurer to give a bond OF S2OO'ooV,
the superintendent of public works one OF
800. 900 and the auditor and deputy auditor
$50, 600 each. bonds being required OF none
of the territorial officers at present; re-
uuires that vacancies on the supreme bench
be filled by appointment by the president OF
the United States; allow appeals and writs
Of errors from the territorial courts to the
supreme court of the United States on the
same basis as they are allowed from other
territorial courts, and nix the salary OF the
governor at $500.
Other Hawaiian bills introduced by Sena-
, tor Mitchell are: Appropriating $1,000, 600
for public buildings at Honolulu and SloO,-
900 for public building at Hilo; authorizing
the secretary of interior to investigate the
public land question; appfopriating SlOO,oOO
for protection Of the harbor at Hilo, $3.50
ooo for Honolulu harbor and $50, 900 for
! lighthouses along the Hawaiian coast.
Naval Militia
E representative Foss, chairman of the
5 house committee on naval affairs, today in
E troduced a bill establishing a naval militia
Y and defining its relations to the govern
5 ment: also for the enrolment and organi-
4 cation of a United States naval reserve.
y Commission to Test Coins.
The president has appointed the follow
ing commissioners to test and examine the
weight and fneness of the coins reserved
at the several mints Of the United States
: during 1902: Senator J. C. Burrows, Repre-
. resentative J. H. Southwark, S. S~tratton
Bureau CT Standards; w. B. Rising, Uni
versity Of California;; H. H. Judson, uni
versity Of Chicago; A. G. Webster, CLARK
l university; S. N. Apperson, Little Rock
Ark; David Williams, Webster, S. D.; DIT
, Clarence Mofitt, New York; H.. S. Burch-
ard, Freeport, Ill: S. Meservy, Fort Dodge
Ia: e. W. Harden, New York;E F. Smith
University OF Pennsylvania; award /
Stotsenbury, Philadelphia; Charles S. Ham
lin, Boston; George w. Grifiths, Louisville
Ky. and Clifford Richardson, New York.
The commission will meet at the Phila'
deIphia mint on February II.
To study Criminal Glasses.
d The house judiciary committee today au'
thorized a favorable report on the bill
r 10 create a bureau in the Department o.
e Justice for the study OF the criminal, pau
! per and defective classes. The COMMITTEES
= adjourned tc meet FL the call of the chair
e man, in order that the subcommittee MAJ
= report an antitrust bill as soon as com
pletCd.
wants Government Bonds Again.
Secretary Shaw has written to the bank
that had substituted state and municipa
, bonds for government bonds as security To-
public deposits that h. would like TO havr
a resubstituticn Of government bonds. Thi
, is in accordance with the oolic- announces
at the time municipal bonds were accepted
= They were accepted only en- condition tina
= the banks should use the bonds that weT
!, released cs a basis for circulation. Ii /