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Mi DEL LAWS FOR DIVORCE
Uniform Legation in All Etttei Cbj?ct
f New Mo Yemen t.
TAVORS STRINGENT REFORM MEASURES
k Cnnirresa nnd I.rarlalntnres
.till In Hrdnclng Evil Canard
by I. ox Kales In Many
States.
to
Congress nnd (hp legislatures of the dlf
f'M.nt states will be asked during- the
"In year to revise laws on the subject
of divorce In a general campaign for uni
formity In such legislation. The model for
all of the proposed changes will be taken
f'oni a form compiled by the National
Congress on Uniform Divorce Lnwi, which
completed Its labors on November 14 at
Phllndelphla, Famphlets covering; the work
of thla congress have Just been issued. The
publication comprises an address on the
subject to the president and congress, the
resolutions adopted at the congress and a
copy of model acts for congress and the
legislatures.
The principal one of these acts ts the one
velntlng to the regulation of divorces.
Along the same line Is another act provid
ing for a return of statistics relating to
divorce proceedings to be made to a dealg
nated state officer by the clerk of the
district court and a third relating to a
similar return of marrltige statistics to be
made by marriage license clerks. The pur-
pone of these two acts Is to provide im
terlal for the scientific study of divorce
statistics.
The committee on resolutions was com
posed ef attorneys and others who have
taken a prominent part In the agitation of
changes In the divorce laws of the different
states. The chairman was Walter Oeorge
Bmtth ef Philadelphia and Kalph W
Breckenrldge of Omaha was a member.
The general purpose of the divorce con-
gross ts set forth In the address to the
president and the national congress, whloh
begins as follows:
"Tlie great and constantly Increasing
number of dlvotves In the United mates
has aroused a general public interest which
has resulted In a widespread movement for
their restriction. As one result of the dls
OLD CROW
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.BEftl WHISKEY
AND "THE BEST."
ID CRO
i BOTTLED
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aT ittrHM
PURITY AGE STRENGTH
Look for tho word
Distillery!
Woodford Co.. K
ow
Dec. 20 to
Dec. 20 to 22, incl.,
THE ONLY DOUBLE TRACK LINE TO CHICAGO
North-Westerti Line Ticket Offices, 14014403 Far nam S
Union Station and Webster Street Depot
cuaalon of this subject, there Is a well
founded belief that a part of this increase
In divorces, attended with spcclul evils and
scandals. Is due to the lack of a divorce
law uniform throughout the nation."
Itemed? Lies In State lini.
The power to adopt such a uniform law,
In the opinion of the congress, has not
been committed to the federal government
and must be obtained through the medium
of the sta'-e legislatures. After quoting
from President Roosevelt's message and
discussing the preliminary matters taken
up by the congress, the address continues:
"The divorce congress did not deem It
advisable to attempt to regulate the mere
details of procedure In divorce actions,
and with a few exceptions such details
were not embraced either In the resolutions
or the uniform divorce law. Two of these
exceptions and the principal ones relate
to the open public hearings and to publicity
of records In divorce coses. Objection has
been made to these provisions, on the
ground of supposed Injury to public morals,
but after full consideration of the practice
prevailing in the different states, the con
gress concluded almost unanimously that
the advantages of a public and open hear
ing outweighed any of the dangers sug
gested, snd that In the public Interest such
hearings were necessary In most of the
states. In order to prevent a lax adminis
tration of the divorce laws..
The principal subjects covered by the
resolutions and the uniform divorce act
relate to the Important matters of: (1)
the causes of annulment and divorce; (2
the establishment of two kinds of dlvorc
limited as well as absolute. In those state
where the former does not exist; 131 the
adoption of a uniform rule governing the
acquiring of Jurisdiction In divorce actions;
and, as intimately connected with this last
subject. (4) the adoption of a uniform rule
covering the subject of the faith and
credit to be given to decrees of divorce
obtained In other states."
Aaaalnient of Marriages.
The causes for annulment of marriages
as distinct from the causes for divorce
recommended by the congress and now
recognised by some of the states are as
follows: Impotency not known at time
of marriage; consanguinity and affinity
within prohibited degrees; existing mar
riage; fraud, force or coercion and in
sanity not known to the Injured party st
the time of the marriage. In the last
two causes the marriage, If confirmed, by
the Injured party after the discovery is
not to be annuled. Another Important
cause added by the congress Is the mar-
IN BOND
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"RYE" in red on label.
Distributers:
Riley Dros.'s Co., Omaha
-JaLso
THK OMAHA
Ch
"THE BEST OF EVERYTHING'
25 and
GOOD RETURNING TO JANUARY 7, TO ALL STATIONS ON
NORTH-WESTERN SYSTEM AND MANY POINTS BEYOND
Good 30 Days, to Far Eastern Points,
Toronto, Pittsburg and Wheeling
.In.-.. . I .. 1 i a -. .. . )
itiec vi a. Bl uuuri iv tji M unuri
18, which may be annul"d only at the
Instance of the Injured party unless con
firmed by such party after arriving at the
ages named. The address then continues:
"Limited divorces, or divorces from bed
and board, were unanimously recom
mended by congress and are provided for
by law, to be granted for the. same causes
as absolute divorce, at the option of tho
innocent and Injured party, whp Is not to
be compelled to ask for a dissolution of
the marriage. This option will, In some
states where the distinction does not
exist, extend the relief of limited divorce
to a large and Increasing class, who fn
account of religious beliefs, conscientious
scruples or other sufficient reason, would
not seek absolute divorce, and are there
fore, in the states where the distinction
does npt exist, barred In many cases from
a proper relief by legal or Judicial separa
tion. Tho congress recommended that
such limited divorces should be retained
where already existing and should be pro
vided for In states where no such rights
exist. One additional cause for limited
divorce on the part fit the wife (but not
adopted as a cause for absolute divorce)
is the hopeless insanity of the husband,
occurring after marriage. This relief was
not extended to the husband for the In
sanity of the wife, as It was recognized
that such insanity might sometimes re
sult from the physical effect uj-pn the
life of the marriage relation Itself, In
which respect the spouses are not by
nature of an equality.
Causes for Absolute Divorce.
The causes for absolute divorce are
thus summed up in the body of the bill:
(a) Adultery.
b) HlKamy, at the suit of the innocent
and injured party to the first marriage.
(c) Conviction and sentence for crime
by a competent court having Jurisdiction,
followed by a continuous Imprisonmnent
for at least two years, or In the case of
indeterminate sentence, for at least one
year, provided that such conviction has
been the result of trial In some one f
the states of the United States or In a
federal court or In some one of the terri
tories, possessions of courts subject to the
Jurisdiction tt the Vnlted States, or In
Rome foreign country (.'ranting a trial by
Jury, followed by an equally long term of
Imprisonment.
(d) Extreme cruelty, on the part nf
either husband or wife, such aa to en
danger the life or health of the other
party fir to render cohabitation unsafe.
te) Wilful desertion for two years.
If) Habitual drunkenness for two years.
Divorce from bed and board may be
granted for the Fame reasons and com
pute' divorce and for the additional one
of hopeless Insanity of tho husband. The
law makes stringent provisions regarding
service on the defendant and to prey H
divorce by collision. It provides a simple
default ts not sufficient to make a case
for the plaintiff, but affirmative proof must
be had aside even from admission of the
defendant. It also provides no divorce
shall be granted If such collusion appears
or If It appears that the plaintiff has pro
cured or connived at the offense charge!
or has condoned It or been guilty of adul
tery not condoned.
en Ice Rule la BtrlaKeat.
The proposed regulations regarding serv
ice on the defendant are stringent and are
Intended to Insure ample notice to the de
fending party where It Is possible for such
notice to be given. The sections relating
to service are as follows:
"Section I. For purposes of divorce, either
absolute or from bed and board. Jurisdiction
my be acquired by personal arrvlie upon
the defendant within this state under the
following conditions:
"(a) When, at the time the cause of
action a rope, either pert)- was a bona fide
I resident ut Ibis state, and baa cvnt'DueJ
DAILY - HEE: MONDAY. DEOEMHEI? 24. 1P0(.
ristm
29 to 31; inch,
so to be down to the time of the com
mencement of the uction; except that no
action for absolute divorce shall he com
menced for any cause other than adultery
or bittamy. unless one of the parties has
been frr the two yeais next preceding the
commencement of the action a bona fide
resident of this state. ,
"(b) When, since the rause of action
arose, ciilicr party has become, and for nt
least two years next preceding the com
mencement of the action has continued to
be, a bona fide resident of this state: Pro
vided, The cause of action alleged was
recognized In the Jurisdiction In which such
party resided at the time the cause of
action arose, as a ground for the same
relief asked for In the action in this state.
"Section 9. When the defendant cannot
be served personally within this state, and
when at the time of the commencement of
the action the plaintiff Is' a bona fide
resident of this state. Jurisdiction for the
purpose of annulment of marriage may be
acquired by publication, to be followed,
where practicable, by service upon or notice
to the defendant without this state, Or by
additional substituted service upon the de
fendant within this state, as prescribed by
law.
Service by Publication.
"Section 10. When the defendant cannot
be served personally within this state, and
when at the time of the commencement of
the action the plaintiff Is a bona fide
resident of this state. Jurisdiction fir the
purpose of divorce whether absolute or
from bed and board, may be acquired by
publication, to be followed where , prac
ticable by service upon or notice to the
defendant without this state, or by addi
tional ubstltuted service upon the de
fendant within this state, aa prescribed by
law, under the following conditions:.
"ta) When, at the time of the ctuse of
action arose, the plaintiff was a bona fide
resident of this state, and has continued
so to be down to the lime of the commence
ment of tlie action; except that no nctl in
for absolute divorce shall be commence!
fcr any cause other than adultery or
bigamy, unless the plaintiff has been for
the two years next preceding the com
mencement of the action a bona tide resi
dent of this state.
"(b) hen, since the cause t,f uction
arose, the plaintiff has become, and for at
least two years next preceding the com
mencement of the action hns continued to
be, a bona fide resident of this state: Pro
vided, The cause of action alleged was
recognized in the Jurisdiction In which the
plaintiff resided at the time tlie cause of
action urose, as a ground for the same re
lief avked for In the action In this state."
The law also provides for o-n and public
hearing and the publicity of all records.
Decrees nisi are provised for In case the
court believes the evidence warrants them.
They are decrees which do not become
abs lute until aftrr the expiration of a
certain length of time. The period tlxed by
the model law is one year. Divorces from
bed and board may be unlimited or for
certain lengths of time. The law also re
quires full faith and credit to be iflwn to
fSfLr ADW1CK iff
Arrow If
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II m m. rubntitsco II
II N.ndll Ii4(mm1 M rtA MMrt. f I
as
d'-crees Issued In other states when the
Jurisdiction of the court Is obt lined sub
stantially as provided for In the act. A
limitation Is placed, however, that if any
inhabitant "f the state go into another
Btate or country for the purpose of obtain
ing a decree, the decree so obtained shall
be of no force under this law.
Iletnrn of Matlatlce Required.
The act providing for a return of statis
tics relating to divorce proceedings requires
the clerk of the court Issuing the divorce
to make a report to the proper state officer
covering the following points:
Tho record number.
Full names of plaintiff and defendant.
Ace of each
t'tlur of each.
Occupation of each.
Date of marriage.
Place of marriage.
Residence of eacu at time of marriage.
Dale of separation.
D'-ite f tiling the libel (or bill).
The alleged cause or causes for annul
ment or divorce.
Whether Intemjierance was a direct or
Indirect cause.
Kind of relief prayed for.
Residence of each at time of suit brought.
Manner of service or summons (or sub
poena). Whether the suit was contested or not.
Due of decree.
Nature of du?ree.
Flrnl disposition of case.
Whether alimony was asked and g.antid.
Number of children by tlie marriage.
Number of children affected by the decree,
if cross bill was filed, a similar return
relating thereto.
The thild model act provides the mar
riage license clerk shall report to the
proper state official the following facts
regarding each license Issued:
Record number and diite of the license.
Full names of the huxhnnd and wife.
J Residence of each party.
I The color of csch party.
I The age of each party.
i ne occupauon oi eacn party.
Date of marriage,
place of marriage.
Ry whom the ceremony was performed.
Number cf former marriigei snd dlvorc a.
Nan.es of parents or guardians where
either party Is under age.
ST. NICK WAKES WAIF HAPPY
Simla f lans (Joes to City Mission and
Picks Oat the Poorest
Child.
Bantu Claus visited the City mission In
broad daylight Saturday. It was about 11
o'clock In the morning that a strung. r
dropped In unexpectedly and inquire! for
Miss Magee, the superintendent. In a few
words he explained he desired to gladden
the Christmas of one of tho children of the
mission and he desired Miss Magee to select
the most unfortunate of all the youngsters
there. Miss Magee sought to find out where
he came from, but Santa t'laus had no
answers for such questli ns. lie Insisted he
was there for one purpose only, and could
not wait to be quizzed. Miss Mrfgee'w choice
fell on an illy-clad K-year-old German lad,
a child of very poor parents. In the after
noon Santa Claus culled at the mission
again, took the youngster up town give him
a l ath, provided him with a compl. te out
tit, a neat knickerhockcr suit, hat, gloves,
shoes and all, and led him back to the mis
sion. It was the happiest day in the child a
life and Santa said he felt happy, too. He
left tl with Mlsa Magee frr the work of the
City mission, and left, still refusing to
answer questions as to where he came
from.
In Use with the arr Food Lan.
The National Food and Drug act which
takes effect January 1, 1S07, does not af
fect Chamberlains Cough Remedy in any
manner. No special labels are required on
this remedy under that Act, as It Is free
from opiates and narcotics of every char
ax tar, making It a safe remedy for mother
to use with their children. This remedy
has been in use for so many years, and
its good qualities are so well known, that
uo out need beattale to use it wbeu
troubled with a cvugu ti cold.
VIA
and Jan
THE
including Buffalo,
nfi&N
FUMHOUSER BILL IS READY
Gai Commissioner Cidinacca Will Bs I" re
sented Tnefdty Nieht.
REPRESENTS WORK OF MANY MONTHS
Z I miu n ii Aids Funkbouser In Com
piling; Measure front Wbat They
Consider Rest of Other
Rills.
Councilman Funkhouser, chairman of the
city council lighting committee, has his gas
commissioner ordinance ready for intro
duction at the next council meeting. The
ordinance as It now stands represents the
work of several months of investigation
and is quite a comprehensive document,
covering six pnges of typewritten ma:t r.
Councilman Zlmmnn has assisted In the
work of getting together what Is bcllved the
best features in vogue in other cities.
The ordinance specifies what kind of a
test gas used in Omaha must puss to be
declared merchantable. The powers and
duties of the. gas commissioner are out
lined in detail nnd various features to pro
tect consumers of gas are incorporated in
the ordinance.
j One of th" provisions of the ordinance is
. that for illuminating purposes gas shall
test not less than tweny-three candle power,
j that Is. of such quality t.iat thi burr.er
shall give a light of not etn than twenty
three stmdrd siierm c indies. The reit
Ing value of the gas shall not be less than
60) British thermal units per cubic fo- t.
For an all-coal gas the minimum shall be
eighteen candle power. The quality of the
g'la Is to be determined by a monthly aver-.
age of weekly tests made by the commis
sioner. Mains must be adjusted so that II-
INDIA AND
G7j
There is no Ruenswork In buying Tetley's Tea. Every housewife who
baa tried it knows that It Is superior to all other packet teas.
McCORD-BRADY CO., Wholesale Agents, Omaha.
FINE ORIENTAL RUGS
We have the finest collection of Persian Ruga from the cus
tom bonne. Alto a large collection cf Brass Work from Duniat
cui. and genuine Turkish Towels and Bath Robes from Brouasa,
Turkey. They are Imported direct. Prices reasonable Come
and e them.
Tamlnosian-Cregory & CO., 216 McCague, Block, Omaha. Neb. Tel. Doug. 5327
WK Ol'KKK AT F.U: f oil A l.iM 1T2CL l KHInIt.
7H Viild) BOXDS B Ul'AKAMKLI) STOCK
With bonus of stock In three subsidiary coinpnlnlea.
tex rta cr.T ran am stum ona.BAJtTi.XD it rotra bihi
on stock we are new t'fferlns at 10 txn's a share In a dividend paying p ro
le tt. Write ua for full detail. .1
AMERICAN FIKAXCE AND DEVELOPMENT CO..
(Representatives Wanted)
4.
If
ii
BBaMhesto
lumlnatlng power of the gas must, within
a radius of one and one-hnlf miles, be at
least 92 per cent of the Illuminating power
of such gas when It leaves the holders.
Weekly Tests Heqnlred.
The gns commissioner will be required
to make weekly tests at gas holders and
at some place or places not more than a
mile anil a half from location of gas
works. He shall ascertain the quality and
Illuminating power and make an average
at the end of each month, r porting his
findings to the gas company.F'or the pur
pose of such tests a room will be titled
up with apparatus. T,he present Idea m
to have a room In the city hall set aside.
In his tests the commissioner shall de
termine whether the gas contains more
than firtecn grnlns of sulphur In IPO cubic
fet of gas, which must be free from an
Impurity known as sulphurated hydrogen.
The gas commissioner shall be required
to make tests of gas supplied to consum
ers; shull, from time to time, test the pres
sure at different points In the mains and
also make monthly tests of the street gas
lighting to determine whether the contract
with the city is being observed. The com
missioner Is given all reasonable access to
the works nnd mains of any gas company
operating In Omaha.
Most Pay Gradnnted Forfeit.
It is provided in the ordinance that the
gas compuny shall pay the city consumers
a graduated forfeit in cases where the
gas has been tested b'low standard re
quirements. For Instance, In the case of
other than all all-coal gas falling to test
to twenty-three cnndle power the com
pany shall lie required to pay one-twentieth
of the bill for each candle power the gas
tested below standard.
Any person continuing In the manufac
ture or sale of gas below standard re
quirements, after having been notified by
the commissioner, shall lie subjected to a
fine of $100 or imprisonment of ninety
days.
CEYLON
X.OS ATOBJ.r. OAaV
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