Las Vegas daily optic. [volume] (Las Vegas, N.M.) 1880-1908, 1906-03-28
Divorce Law Congress
Held in Washington
Dataculties Encountered by Territorial Delegate in
securing Seat Overcome and Representative
OF New Mexico Fully Recognized.

be fixed as a period Of residence be-
fore the right TO sue can be acquired.
The Massachusetts rule OF three years
Is recommended,
An innocent and injured wife seek.
ing a divorce should not be compelled
TO ask for a dissolution OF the bonds
Of matrimony. but should be allowed
at her option, to apply for a divorce
from bed and board. Therefore. d.
vorces a mensa should be retained
where already existing, and restored
where they have been abolished.
THE cause OF divorce would seem
TO be susceptible to classification inio
certain groups. The secauses should
never be left to the discretion Of the
court, but in all cases should be clear
ly and specifically enumerated In the
statute, The following causes for d.
vorce seem to be in accordance with
modern views:
"Ante-nuptial causes.-Physical de-.
fects. consanguinity and afinity, prop
erly limited, former marriage. fraud.
force or coercion, insanity unknown to
the other party.
"Post.nuptial causes.-lnfidelity, In.
tolerable cruely. wilful desertion for
two years, hopeless insanity OF hus-
band.
Conviction Of crime should not be q
cause, unless such conviction has been
followed by a continuous Imprisonment
for at least two years. A decree should
not be granted a. v. m. for insanity
arising after marriage. Dessertion
should not be q cause for divorce I'M
less persisted in for a period Of at
least two years.
"A divorce should not be granted
unless the defendant has been given
full and fair opportunity by notice
brought home to him to have his day
in court when his residence Is known
or can be ascertained. Any one named
as correspondent should In all cases
be give an opportunity to interplead. A
power of attorney duly acknowledged,
should in all cases be essential to an
appearance by the attorney for either
party. Hearings and trials should al.
WAYS be before the court. and not be-
fore any delegated representative OF
il. A decree should not be granted
unless the cause is shown by AMIR
native proof aside from any admls-
sions on the part of the respondent.
"A final decree dissolving the mar
riage tie SO completely as to permit
the marriage OF either party, should
not be entered until the lapse OF a
reasonable time after d decree MISC
has been granted, following a hearing
or trial upon the merits of the cause.
The Wisconsin, Illinois and California
rule OF one year is reasonable.
The delegates called on President
) Roosevelt this afternoon, being intro.
duced by Governor P~ennypacker. The
: nresident wished them godspeed in
their work. He made no formal re-
marks.
Francis Tracy Tobin. a member 81
, the Philadelphia bar, is a contestant
2 for a seat in the divorce law congress,
hearing credentials from the territory
J of New Mexico, and a lively fight may
result. Mr.. Tobin is well known IN
, New Mexico. and in 1898 was q can
: didate for governor OF the territory.
! when Governor P~ennypacker's INV
: tatin reached Governor Hagerman, OF
the territory, he wrote to Mr., Iopln
asking the latter to be a commissioner
Mr.. Tobin consented and received MS
credentials.
Temporary Chairman Stake, also
8 If the Philadelphia bar, ruled In tne
convention today that the call wal
9 made exclusively to states and not J.
territories, and referred the quest'o'
n to the committee on credentials
q denying to Mr.. Tobin a seat ).
d The Philadelphia Public Ledger II
tic issue the next day had the follow
ing mention under the caption 9
.Tobjn Gets Seat but no Vote"
"The committee ON contested seat
y discussed at length the question ?
seating Francis Tracy Tobin, OF Pniia
o deiphia, who presented c~redentia'
4 from the territory. It q finally de
cided that territorial delegates snoui'
he admitted, but should have no vote
lc Tho report was adopted. Some OF TN
western delegates who voted for tni
n resolution OF the question explaine
v later to Mr.. Tobin mat they vot
against giving him q vote oecaus
d there was too much Pennsylvania !
y the congress"
Amended is another clipping iroi
N the philadelphia Public Ledger wnic
~ appeared two days later under 10
IT, heading of "Tobin Wins for TER
W. tories"
fe Francis Tracy Tobin, Of Philade
al mia. representative Of New Mckee
tie who was admitted with right OF OF
a cussion. but denied a vote. won = "
"a tory in behalf Of the territories NJ
as Tob,n proposed that the words a
err the territories Of the United States
ho tn.o~oa n Tho Introductory claus