Evening star. [volume] (Washington, D.C.) 1854-1972, 1911-11-29
MARRIAGE invalid
Justice Wright Lays Down Rule
in CotteriII Case.
ATTEMPT TO EVADE LAW
Ceremony May Be Binding in Mary.
land, He Says, and Not Necessa-
rily So in District.
TTEMPT TO EVADE LAW


Holding invalid In this District the
marriage of a guilty" party against
whom divorce has been granted
when that party Without acquiring
citizenship elsewhere consummates the
marriage in another Jurisdiction for the
purpose OF evading the local statute
Justice Wright OF the District Supreme
Court today dismissed the suit for alb
solute divorce brought by Charles 4.
Cotterill. local newspaper man.
against his wife
At the hearing Of the case il developed
that Cotterill had been divorced by his
former wife for the statutory reason, ana
that Mrs. Cotterill had also been divorced
for a cause not disclosed. Both ad-
mftted they were residents OF the District
and knew the law which allows only the
innocent party in divorce proceedings TO
remarry. On the witness stand Cotterill
declared they went to Rockville to evade
.he statute, and there undertook to SOL
emnize a marriage. Within three hours
they returned to this District and have
resided here.
Not Legal in District.
The court held that the marriage at
Rockville was illegal in the District.
and the parties. never having been mar
ried here, could not seek a divorce in
this Jurisdiction.
The marriage may or may not be
valid within the state of Maryland" said
the court. Maryland must be accorded
the right TO determine that question for
herself: and for this sovereignty the
same right must be not only conceded
but sustained. and 10 my mind there is
no conclusion save one-that this mar
riage, prohibited by the law OF this
sovereignty, undertaken Dy two of its
citizens to be consummated in n foreign
sovereignty in denanCe OF those Jaws,
cannot be given sanction nor validity 10y
these courts.
IF one should go from here. and.
q abandoning mis- citizenship. acquire a cit
|i-enShip elsewhere. and tie. eater, csc
where, marry against thesC 4a"s, and
alterward come here again, that mar
riage might be good, do not know,
the question is not now at the bar. But
that two citizens while retaining their
citizenship and domicile can 20 for an
hour or two outside, expressly To evade
law which prohibits Their marriage,
and then straightway come bach again
lawfully married in spite OF that law,
unheSitatingly deny.
The hearing in the Cotterill case was
had in chambers, the public being eN-
Guided female detective was the
She told of engaging a room in the
same house with the wife. being intro
duced to her and accompanying her to
several restaurants. The name OF "A
member of Congress was injected into
the case by the female detective, who
said she and Mrs. Cotterill met him Oh
Pennsylvania avenue, and after buying
them drinks the representative TOOK
them to a moving picture show.
At the conclusion of this testimony
" At,,h
sprung a sensation by moving the dis
missal o. the proceedings on the
ground that the marriage was not
legal in the District.
Would Admit Polygamy.
Attorney E. L. Gies. for the husband.
combated this proposition OF law on the
principle that a marriage lawful where
celebrated Is lawful everywhere.
In his opinion. rendered today. Justice
Wright admits the decisions are about
equally divided on the proposition OF law
commended for by Mr.. ~des. The justice
comes to the conclusion that Mr.. Gies
principle of law is not good one and
gives an example OF condition that
would arise If it be blindly followed.
That 1t is not good principle Is
demonstrated" says Justice Wright.
by a single illustration: suppose that
a citizen of the District of Columbia
should journey abroad to Turkey or
to some land where polygamous mar
riages were good and carry along from
here a caravan Of women. and there
marrying himself to each one Of them
bring them all back again; would IL
be tolerated by our people, that those
marriages being lawful in the place
of their celebration should be so held
by the public and the courts here in
the District of Columbia? If the prin-
ciple be carried to its last results. IL
would sustain this; that all people of
the District when they sought to
marry might go outside to marry in
defiance of its laws, marry against its
laws and then come back again. all
lawfully married even against those
laws. This is a notification of the
power Of the state or sovereign to de-
termine for its citizens rules and regu-
lations for the domestic status.
IF thought and reason are TO have
place and sway in the determination
of this question, the single illustra
ton above made shows the futility OF
the claim that marriages valid by the
laws of the place where celebrated are
valid everywhere, and there is no
proposition save this that those cases
rest themselves upon"