The Idaho Republican. [volume] (Blackfoot, Idaho) 1904-1932, 1911-06-30
MANY DIVORCES MAY BE MADE
ILLEGAL

Recent developments may end In
causing as big furore among Idaho
Divorces as did the famous Haddock
decision of the United States supreme
court, which few years ago knocked
out about 5000 divorces.
The local complications involve all
divorces procured by means of ficti-
tious residence or granted by the
Judge at chambers instead of the open
court, and a number of wealthy PEG.
pie in other states, who came here ia
establish fraudulent residence, and all
those, whether from other states OF
bona fide residents of Idaho, who got
decres at chambers, may find them
selves still married to their FIRST
spouse.
This condition of affairs may be
Iprecipitated at any moment by COLI
test of any of these divorces, or by
legal proceedings involving property
or the rights of heirs. In event such
divorces are declared illegal, then the
issue of succeeding marriages by
either or both parties would be IL
|legitimized, and incalculable difficult
tiles would arise.
Such are the conclusions based on
legal opinions rendered by prominent
attorneys, following the sensational
opinion announced by Simeon E.
Baldwin, now governor of Connecti-
cut and former judge of one of its
highest courts and former president
of the American Bar association and
dean of the Yale law school, recog-
nized by the profession as one of the
greatest legal lights of his time.
The affair holds considerable local
Interest on account of the fact that
Simeon E. Baldwin agrees in detail
in his conclusions with the opinion
rendered two years ago by Attorney
Henry z. Johnson of the city, in a
divorce action involving wealthy east
ern parties of high social connections.
Fraud Oh the Court
@"Where a person came to Idaho to
live here six months and then file a
complaint day after the six months
expired, and then left the state when
the divorce decree had been secured,
such divorce is Illegal" said MIR.
johnson, in rendering his opinion in
the matter.
I'm event contest were brought
such a divorce would be declared IL
legal in my opinion, because the. al
LEGGED residence is merely fictitious
residence, is a fraud on the court, and
is not such residence as is -contem-
plated by the statute"
Judge Baldwin referred particular
Ily to what is known as Reno di-
vorces," declaring that all such d.
vorces secured in Nevada are illegal
and void. But the statutes of Nevada
and Idaho are similar. The last Ida
no legislature amended the law
that now one year, instead of six
months, is required before legal resi-
dence is established.
Many courts have refused to rec
ognize what is known as the. "SiouS
Falls divorces" or those secured in
South Dakota by persons from other
states. 1t is altogether probable, from
recent developments in Idaho and
Nevada, divorces secured by persons
from other states, will be held IL.
legal.
Decree on Default
In discussing this subject, Mr..
Johnson quoted subdivision II of sec
ton 1890 of the Revised Codes OF
Idaho, which, in stating what the
district court may do at chambers,
says that "he may enter defaults and
hear testimony thereon, and enter
Judgment in default leases where
there has been no appearance or plea
filed within the time required by stat
ute
1t appears that heretofore persons
from outside states, who desired to
avoid publicity and wanted to secure
a quick, easy and painless divorce,
have cole TO Idaho, lived here just
s'A months to establish alleged legal
residence and Lave secured decree
at chambers, the assumption being
that such residence was all right and
that the district judge had the dis
|cretion to grant divorce at cham
bers. The result has been that d.
vorces have been granted and the af-
fairs kept quiet. SO that no one but
the interested parties and their at
torneys and the Judge and clerk ever