The National tribune., 1906-06-28
PENSION DECISIONS.

Bounty Land widow - Revolutl0aaRy
observation-disclosures Repre-
Observation-Disclosures War
Fant-Legatee.
Where q bounty-land warrant issue
to the widow Of a Revolutionary soldier
after her death and for that reason wa!
subsequently Cancelled, her administra
tor has no legal right to obtain a du
plicate Of said warrant for her heir
or legatees without proof to show thu
existence OF such benehciarteS. The.
will not be presumed to exist. 81. 3
1906.
Division Of Pensions-Moral Character
Eviaeaee-special Exaninatien-Bur
den Of PFoOf-InteFroGatoxie to ID,
PrOpoandeA.
To entitle a. claimant to ene-half hel
husbands pension under the at o.
March 3, 1899, she must prove by {
fair preponderance OF affirmative fes
timony. among other things. that sh<
is woman Of good moral character.
Special Examiners should explain II
witnesses testifying as to good mora
character that by claimants reputation
for moral character Is meant the gen
eral opinion of the community In whici
such claimant resides as to such repu
tation and should inquire Cd how lonf
the witnesses had known such claim
ant. (2) whether they know her gen
eral reputation for morality in thu
community, and II they do ca what /!
that reputation, good or bad?
In claims under the first, second ant
third provisos of the act Of March 5
1899, Special Examiners should refrair
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
vOlved relates to unprofessional con
duct or extortion on the part of sucf
attorney or attorneys. IS. 3-26-'06.
Marriage-Chcrokee misunderstanding
DOmicile.
The evidence establishes a valid mar
riage between claimant and one B, IL
the Cherokee Nation, Indian Territory
prior to date of filing claim. Said Ma
ton is a distinct political community
possessing its own domestic laws. ant
said laws determine the validity Of {
marriage there contracted.
In said Nation marriage Is. as regard.
its vitality, civil contract. to which
the consent Of the parties legally com
petcnt SO to contract is essential, ant
no particular form of celebration Is re-
quired, the solemn declaration of sucf
parties made in presence OF officiating
each other as husband and wife being
sufficient. Sc. 3-28-'06.
Marriage - Michigan - Void Marriage
Tmpedimenf-AEe Of COnsent-Eyi
dence.
Claimant alleges that she was mar.
ried to one b. at Anchorville, Mich.
about 1855, when she was only IA Oh
Is 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 tn
have been understood that the mar
riage was invalid. Claimant and sol
der were married In the Catholic
Church at Anchorville. Mich, in 1862
Under the laws Of Michigan at that
time, IL either Of the parties was under
the age Of legal consent (Which was
then 16 years of age for females and
1S for malcs) and they separated dur
ing such homage and did not cohabit
the marriage was void
Held: That the best obtainabie evil
dence tends to show that IL the claim.
ant and B. were 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 q wife hv-
ing and undivorced 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 q Roman
Catholic priest, and lived with him fol
over 90 years. during which the validity
OF their marriage does not appear tC
have been called In question, she should
be given the benefit OF any remaining
doubt on that point. 81. 3-30-'O6.
Observation-Disclosures Mar.
Fsaye-Aet Of Asx. 2, 1854.
This claimant being q white woman
her marriage with the negro, in 1869
I'm Missouri. was absolutely void. as >,
specifically declared by the statute law
OF that State since 1885. 80. 3-30-'06
Marriage - AlaAana - boaIslana-Cere-
R0oy-Evidenee.
A marriage contract entered into
without formal celebration and by mu.
tual consent only. followed by coha bita-
ton. Is, as at common law, valid in the
State OF Alabama; and whether such
contract existed Is question of fac,
determinable from all the circum.
sumption Of law from the fact of CO.
.labitation and reputation alone.
In Louisiana ceremonial celebration
Is essential to the validity Of q marriage
in that State: and In establishing In
that State the existence Of marriage
he proof must show or tend to show
such celebration or such matFim onial
"ontract as constituted q valid marriage
in the place where the contract was
made. 100. 3-3l.0e.
Rgam~v R>lA-H>~A>N vr~>
II. Dayton, a chemist, living at 3137
California Ave. st. Louis, Mo-. accident
ally discovered mixture that made his
hair grow. He tried 1t on his bald