The National tribune., 1906-06-28
PENSION DECISIONS.
Bounty Land Widow - Revolutionary |
SOldier-Administrato Repre- |
sentative-Evidence-D War |
Pant-VeRafee.

Bounty Land Widow - Revolutionary
SOIdier-Administfato Repre-
Observation-Disclosures War
rant-LeEatee.
Where a bounty-land warrant issucd
to the widow of Revolutionary soldier
after her death and for that reason was
subsequently Cancelled, her adminfstra-
tor has no legal right to obtain du-
plicate of said warrant for her heirs
or legatees without proof to show the
existence of such beneficiaries. They
will not be presumed to exist. "a. s.
1906.
Division Of Penaions-M0rai Character.
Evidence-SReciaI ExaminatioB--Bar-
den of ProOf-Interrogatorie to Be
PrOpOunded.
To entitle a. claimant to ene-half her
husbands pension under the at OF
March 3, 1899, she must prove by
fair preponderance of affirmative tes-
timony, among other things, that she
is a woman of good moral character.
Special Examiners should explain TO
witnesses testifying as to good moral
character that by claimants reputation
for moral character is meant the gen.
eral opinion of the community in which
such claimant resides as to such repu-
tation and should inquire Cd how long
the witnesses had known such claim
ant, w WHtlueT tHey hio" hci Sch
eral reputation for morality in the
community, and if they do CD what is
that reputation, good or bad?
In claims under the first, second and
third proviSos of the act of March 3,
1899, Special Examiners should refrain
from taking testimony relative to fees,
or fee agreements between the respec-
tive parties and their attorneys for SER
vices in such cases, unless the. issue in
duct or extortion on the part of such
attorney or attorneys. 95. 3-26-'06.
Marringe-Chcrokee Nntion-Citizenship.
Domicile.
The evidence establishes a valid mar
riage between claimant and one B, in
the Cherokee Nation, Indian Territory,
prior to date of filing claim Said Ma
ton is a distinct political community.
possessing its own domestic laws. and
said laws determine the validity of a
marriage there contracted.
In said Nation marriage Is. as regards
its vitality, a civil contract, to which
the consent of the parties legally COM
petcnt so to contract is essential, and
no particular form o. celebration is re-
quired, the solemn declaration of such
parties made in presence of officiating
Judge clerk or minister that they take
each other as husband and wife being
sufficient. Sc. 3-2S'06.
Marriage - Michigan Void Marriage.
Impcdiment-AEe of Consent-Evi-
dence.
Claimant alleges that she was mar
ried to one b. at Anchorville, Mich.
about 1855, when she was only IA or
15 years of age, and that he left her
less than three months thereafter and
never cohabited with her afterwards
and she learned that he had a wife
living when he married her. B., who
is still living, admits that he cohabited
with her but denies marriage. There
is no evidence of marriage excepting
claimants statement and general report
in the community, where it appears to
have been understood that the mar
riage was invalid. Claimant and sol
der were married in the Catholic
Church at Anchoryille, Mich, in 1862.
Under the laws OF Michigan at that
time, if either of the parties was under
the age of legal consent (Which was
then 16 years of age for females and
Is for males) and they separated dur
ing such homage and did not cohabit
afterwards. the marriage was void.
Held: That the best obtainable evi
dence tends to show that If the claim
ant and b. We're married the marriage
was void, for the reason that she was
under the age of legal consent. and also
for the reason that he had a wife liv
ing and undiyorced at the time; and
in view of the fact that she was pub
licly married to the soldier few years
later, in the same place. by Roman
Catholic priest, and lived with him for
over 40 years. during which the validity
of their marriage does not appear to
have been called in question, she should
be given the benefit of any remaining
doubt on that point. 81. 3-30-'06.
MarrfaEe-Mfxsouri-N Mar
riage-Aet of Aug. Z, 1882.
This claimant being a white woman.
her marriage with the negro. in 1869,
in Missouri, was absolutely void, as so
specifically declared by the statute law
of that State since 1885. SO. 3-30-'06.
Marriage - Alabama BeaIsiana-Cere-
mony-Evfdenee.
marriage contract entered into
without formal celebration and by mu-
tual consent only, followed by cohabita
ton. Is, as at common law, valid in the
State of Alabama; and whether such
contract existed Is a question of fact
ieterminable from all the circum-
stances in the case, and Is not a pre-
sumption of law from the fact of CO.
'labitation and reputation alone.
In Louisiana ceremonial celebration
Is essential to the validity of a marriage
in that State; and in establishing in
fnat State the existence of a marriage
he proof must show or tend to show
such celebration or such matrimonial
rontract as constituted valid marriage
in the place where the contract was
made. 100. 3-3I-'96.