The Cairo bulletin. (Cairo, Ill.) 1???-1928, 1907-06-23
ANOTHER VIEW
OF DIVORCE LAW
JUDGE M'EWEN or CHICAGO
GIVES DIFFERENT RULING
FROM JUDGE BUTLER
OF CAIRO.
ON SECOND MARRIAGE
Of Divorced Persons Who Go Out of
Illinois to Wed to Evade
the Law.

IHH question has UefH THlSpu III
Cairo number Of times since the
new divorce law was passed whether
the marriage of divorced persons who
&C outside Of the state of Illinois with
of a second marriage is legal.
Judge W. n Butler of Cairo, gave a
decision recently out of court that
such marriages are illegal There
seems, however, division of opinion
among jurists on this point.
Judge Willard M. McEwen Of the
superior court at Chicago yesterday
declared that marriages thus solemn
lied We're legal.
Judge MeEwen, in making ruling
in the case of Laura C. Cummings
against Norman P. Comings, decided
hat in spite Of the fact thar they were
married within year Of the time
that Mrs Cummings divorced her
first husband, George Jochem, which
is contrary to the law Of this state.
the marriage was binding because the
ceremony was performed in Michigan
City, Ind, instead of this state. The
importance Of the decision lies In its
application to many other similar
cases, where persons living in Chi
cago have sought to avoid the statute
az limitation by going to another state
and entering into the bonds of matri-
mony inside of the prescribed year.
Ruling Sweeping in Effect.
II also means that after one of the
parties to the marriage contract has
secured a divorce either may go to
another state and remarry inside of
the length of time II requires to get
across the line, thus avoiding the in
tent of the state law. Judge McEwen
said yesterday after rendering his
decision, which establishes so sweep
Ing a precedent, that he believed that
a lawful union in one state should be
considered a legal marriage in all the
rest
There were large number of white
faced women in the courtroom, who
anxiously listened to every word of
the court, because of what his ruling
meant to them and their children.
They were women who had secured
divorces in Chicago and remarked
within the prohibited length of time.
Mrs. Cummings some time ago
brought suit against her husband for
separate maintenance Cummings
made the plea that his marriage with
Mrs. Cummings was illegal on ac-
count of the violation of the time
limit. Mrs. Cummings was divorced
from George Jochem4in Chicago. Dec.
II, 1905, her marriage to Cummings
taking place soon after that
Judge McEwen said that he took
cognizance of the fact that his deci-
sion would be far reaching in its
effect on persons married under these
conditions and children born of these
unions. He referred to decisions of
courts of other states and n England,
IN which he said questions of public
policy as well as morals were pre-
scented.
Legislatures Action Puzzles Judge
Marriage is regarded by law as an
institution whose sanctity should be
safeguarded by certain restrictions"
said the court ut is difficult to see
what the legislature was trying to ac-
compIish when il made the one-year
Limitation. II may have been consid-
cred hat in a year the parties con-
a "a
but in divorces which | have observed
a very small percentage Of the par
ties are ever reconciled
'1n case of this kind, and in view
OF the consequences. if | had any
doubts as to the law, / have resolved
them in favor of the marriage"
There was considerable interest
taken in Judge McEwens decision by
members of the bar, some of whom
believe that he acted within the law,
while others are OF the opinion that
bis ruling will be reversed by the su-
preme court
"The opinion of Judge McEwen
seems based entirely upon public
policy, but in direct opposition to the
express wording of the statute" said
Attorney Joseph w. Lattimer yester-
day. sIt will have a far-reaching eff
feet and will be a great encourage
ment to many persons divorced in
Illinois to ignore the statute in regard
to remarriage. Judge McEwen was
right when he said that 1t was diff
cult to see what the legislature was
trying to accomplish when il made the
enc year limitation. Possibly the legis-
lature was trying to accomplish re-
formatory objects, as Mayor Busse
with his bed stat"
The Cummings case viii be ap-