The National tribune., 1906-08-23
PENSION DECISIONS.
MnPriaEe-Dfztrfet Of C0lamhia--F:vi-
d-ncc-Prcsumptf6n Of Lexniity-Nul-
Hty-PriOr Marriage.


1. The marrfaseilaw in force in the
District of Columbia prior to the code
of 1901 was the original act of 1777 oi
the General Assembly of the State OF
Maryland. as Incorporated into the
statutes of said District.
2. Under Said-act as construed by the
courts of that State. a second marriage
while former subsists. is null and
void. without any decree of ,nullity. al
| though a nul!ity decree may be rem
dered upon proper application and
proof, but such application can only be
made by one of the parties to such sec
ond marriage. and proof Hereunder OF
subsisting first marriage must be di-
rect and indisputable to warrant de-
cree of nullity of formal second mar
| riage.
| 3. Such formal second marriage Is
! legally presumed to be valid: and neith-
er the mere declarations, admissions or
confessions of either party thereto. rs
to subsistfng first marriage. nor proof
merely of cohabitation and reputation
as evidence of the latter. are admis:si-
bic in establishing in such action said
first marriage.
4. There being nothing in this case to
show a former marriage except the
claimants statement. which is disputed
by her alleged first husband and by the
one at whose house she said marriage
was solemnized. her formal marriage
to the soldier in 1882, in the District
of Columbia. is presumed and estab-
lished herein as valid. 100. 4-21-'OS
RenewnI-BOunty-Jo Resolution OF
July 1. is0z-Act of June q, 1S3O-Evi-
dcnce.
A claimant seeking the benefits OF
the second section of the joint resolu-
+, 4 Cav ych
the best evidence''|i. e., record evil
dence-of the amount of bounty re-
ceived or receivable from all sources
other than the Federal Government on
account of those enlistments with which
said resolution is concerned. Second
airy evidence is competent only in the
event uf the non-eXistence of record
evidence-a fact to be shown before
secondary evidence may be considered
BY the "best evidence" is meant a
statement certified by the proper State,
County or local officer having the Gus
tody of the records showing what. il
any. bounty or gratuity was actually
paid the claimant. and when payment
was made; or, if unpaid. the amount
payable at the time and place when
claimant enlisted.
The evidence shows that claimant
received bounty other than from the
United States on account or his last en-
listment in excess of that to which ne
would have been entitled had he faith-
fully fulfilled the terms of his first con-
tract of service. The second section OF
the Joint resolution of July 1. 1902
therefore affords no remedy. and ap-
pellant is not entitled to renewal. 1Oi.
4-21-'06.
Observation-Disclosures
A common-law marriage is valid In
the State of Florida, and proof of such
marriage or proof of marriage by CO.
habitation and reputation Is sufficient
In all ordinary civil actions.
The soldier and this claimant having
lived togetheria as Husband and wife for
80 years and, until his death. under
claim OF formal marriage. record OF
which is unprocurabie because of loss
by fire, 1t is presumed that they were
lawfully husband and wife, and said
presumption isnnot. overcome by slight
evidence of cohabitation. of an uncer-
tain chara cter, IL existing at all. OF
either with other persons, prior to the
commencement of such apparent mat
rimonial relation between themselves
The claim should be further speci-
fcaliy examined as to the cred1Diiity
and personal knowledge concerning the
facts stated. of the witnesses. and as to
the material facts in the case as herein
pointed out. 109. 4-30-'06.
Death Cnuse-Deafness-Ne
Soldier. totally deaf in one ear and
severely deaf in the other. was crossing
a vacant lot in a village by footpath
He was reading newspaper. and was
knocked down by a runaway horse at
tached to wagon, whose approach he
did not hear.
Held: That being not on the high
way or other place Of danger. but in a
place supposedly safe from danger ne
was not guilty of contributory negli-
gence; that his death was result oil
pensioned cause, and affords his widow
title to pension under the general law.
10. 4-30-'06.
MarriaEe-Arkansns-
ment.
Claimant married soldier in Arkan-
sas in 1878. In 1880 they moved to
Texas, where they continued to cohabi;
as husband and wife until his death In
1895 At the time of their marriage
soldier had a living undivorced wife
who died in 1888. 1t is presumed. In
the absence of proof to the contrary
that a good statutory or common-iaw
marriage arose after the death of the
first wife. Claimant Is consequently
the widow OF the soldier according to
the law OF Texas, where the right OF
pension accrued. III. 4-3O-'06.