OCR Interpretation

The Helena independent. [volume] (Helena, Mont.) 1875-1943, May 15, 1892, Morning, Image 10

Image and text provided by Montana Historical Society; Helena, MT

Persistent link: https://chroniclingamerica.loc.gov/lccn/sn83025308/1892-05-15/ed-1/seq-10/

What is OCR?

Thumbnail for

States in Which a Decree Can Be
Obtained With Little
The Varying Terms of Residence
Before a Suit Can Be
Grounds for Divorce Are Defined by the
Statutes of the Different States
Specimen Complaints.
[Written for Tar HELEnan INDOaPErUNT.l
possible in many
IýjHO states to procure
S WFT 4 divorces except
for very grave
reasons, it be
/comes necessary
for those who
can no longer
live together to
seek those states
where the least
amount of time
and the slightest
causes will gain
the desired de
All the states and territories except Geor
gia, Louisiana and Delaware specify the
necessary length of time during which the
plaintiff must have lived in the state in
order to be able to bring an action for di
vorce. This period varies fromninety days
for Dakota to five years for Massachusetts.
Time, in these days, often means a great
deal of money, and that is why Dakota di
vorces occupy so much attention at pres
ent, and it is solely for this reason that she
has the advantage ever a number of other
states and territories.
A six months' residence will entitle the
plaintiff to sue for a divorce in Arizona,
Idaho, Nebraska, Nevada, New Mexico,
Texas and Wyoming. A large number of
states fix the term at one year. The best
of these are Colorado, Illinois, Kansas,
Missouri, Montana, Oregon. Rhode Island,
Washington and Wisconsin. Many of
these states make the threat that the de
eree shall be invalid if the plaintiff removes
there simply for the purpose of getting a
divorce, but the state pays no further at
tention to him after the decree unless there
is a vituperative defendant to follow him
up. Even then it is difficult to get positive
proof that he or she went to a certain state
for the sole purpose of obtaining a divorce,
since there are so many causes constantly
coming up which lead to a change of mind.
The successful plaintiff may move back be
cause he could not dispose ,of his eastern
business as he fancied, or the enterprise
for which he left his native state may have
failed to materialize, or parents may be
sick and send for him to return. A fertile
mind might be impelled to come baok for a
myriad of excellent reasons.
When the plaintiff has selected the local
ity which suits him best. he must not for
get to take with him sufficient proof of his
allegations to entitle him to a divorce un
der the laws of that particular state. This
evidence may consist of his own sworn
statements, together with the depositions
of some other witnesses, if they cannot at
tend the trial in person.
In Dakota the following reasons are
deemed sufficient ground for divorce: Mar
tail infidelity-which will secure absolate
divorce in every state and territory except
South Carolina, where divorce is not al
lowed for any reason-excessive cruelty,
willful desertion and neglect for one year,
and I abitual intemperance.
This is certainly a pretty good bill of fare
to choose from, and a person has no busi
ness to want a divorce unless some one of
these causes can be shown. If the plaintiff
starts for Dakota in the spring or early
summer, a ninety days' residence will not
prove unpleasant.
In the autumn and winter six months
elsewhere may offer more attractions. The
glorious climate of California is excellent
alike for the body and for divorce. Abso
lute separation is granted there for one
year's willful desertion, neglect, and for
habitual intemperance. Extreme cruelty is
also a cause, but the others are easier to
The courts of Arizona grant a divorce for
six months' intentional abandonment, for
cruel treatment, babitual intemperance and
negleet on the part of the husband to pro
vide the necessaries of life for his wife.
In Idaho a plaintiff may secure a divorce
for extreme cruelty, desertion, negluct and
Intemperance continuing for one year.
In Nebraska the sufficient causes for judi
cial separation are desertion for two years,
habitual drunkenness, extreme cruelty and
failure to provide for wife.
Nevada severe the marriaae tie for one
year's desertion, for gross drunkenneses, if
contracted since marriage, for extreme
cruelty, and for a year's noeglect on the part
of the husband to provide for his wife.
New Mexico dissolves thie marital part
nerehip for cruel treatment, abandonment,
habitual drunkenness and husband's failure
to urovide.
The courts of Texas give a divorce for
such ill-treatment as renders married life
unbearable, and for three years' desertion.
The laws of Wyoming declare a sever
ance of the conjugal relation for one years'
willful desertion, for extreme crnelty, hab
itual drunkenness, husband's neglect to
provide for one year, and for any tre :t
ment by the one whichl renders the life of
the other intolerable.
The above mentioned states and terri
tories exhaust the list of those allowing a
plaintiff to commence noaction after nasi
months' residence, Of course, when plain
tiff remove to a distant state they always
want an absolute divorce, not a limited one,
which is a separation from bed and board
only. It is well to note that Arizona. Cali
fornia. Idaho, Nevada, New Mexico, Texas
and Wyoming never grant a limited
divorce. After their decree, the parties may
marry a new love.
Among the states requiring one vear's
residence on the part of the plaintiff there
may be mentioned as the best Wasbinhton,
Colorado, Montana, Oregon, Illinois, Kan
p Missouri, Wiscqin and Rhode Is
O these, Washingto0 may be regarded as
the banner state for the sensible view her
courtstake of divorce. ufollcient calae
are cruel treatment, personal iniquities,
habitual drunkenness, refusal to provide,
one year's abandonment, and any other
canse peeming sufficilent to the court, and
when the court is satisfied that the parties
can no longer live together. Of course,
where the judge is given so much latituae,
it would be well to ascertain his peculiarit
ties before bringing suit, to ind out
whether he has been accustomed to grant
diorces for slight causes. Some judges
are always dead set against divorce, while
others favor them.
Colorado and Montana both grant
divorces for one year's drunkenness or de
sertion and extreme cruelty. The causes
in Oregon are cruel and inhuman treat
muent, personal indignities rendering life a
burden, and gross drunkenness contracted
since marriage. In Illinois it is necessary
for the plaintiff to show the existence of
extreme and repeated cruelty, two years'
deseetion, or habitual drunkenness for a
like period of time. The laws of Kansas
give a divorce for habitual drunkenness,
ono year's abandonment, extreme cruelty,
fraud in the marriage contract and gross
neglect of duty. Missouri will grant sep
trations fer indignities rendering the lifeof
the other intolerable and for a year's deser
lion or dunkeuness. Wisconsin has excel
lent laws, for they dissolve the bonds of
matrimony not only for a year's desertion
ar drunkenness and cruel and.iinhuman
treatment, but also when the husband and
wife have lived apart voluntarily for the
pace of five years. The statutes of Rhode
Island call for five years' desertion, unless
he court decides that a shorter time will
enswer. Habitual drunkenness, extreme
ruelty and refusal to p:ovide will also
nnul the marriage contract in her courts.
The government has recently made out
osme statistics which show that Connecti
iout has about eleven marriages to one di
rorce; Massachusetts, thirty; Ohio, twenty;
Ihode Island, eleven. Vermont, sixteen;
oew Hampshire, ten; Maryland. sixty-two;
Kanras, seventeen; Wisconsin, twenty-one.
It was impossible so compute the ratio for
he banner divorce states, owing to the fact
hat the record of marriages was imper
It is instructive to compare these figures
with those of various kingdoms in the old
world. Belgium averages 183 marriages to
Cne divorce; France, from 138 marriages to
1(; England, 718. In some years Catholic
Ireland averages over 20.000 marriages to
)ne divorce. Berlin, in 1885, had nineteen
marriages to one divorce; while Stockholm
or the same year had thirty-four to one.
n 1885 there were 470 marriages in Russia
o one divorce; in Switzerland, 22; in Bel
!ium, 138; in Prussia, 59. Italy grants her
vedded sufferers no absolute divorce.
The greatest individuality and desire for
reedom in the United States, as well as the
lct that she has no state religion forbid
ling absolute separation, would lead one to
expect more divorces. Besides, women are
acre more independent and able to make
heir way in the world.
From the government "Report on Mar
'iage and Divorce" the following cases are
aken verbatim. They are given to show
hose who are fearful of being unable to
Obtain a divorce that there is hope for
hem. The original numbering is pro
"Cruelty, or extreme cruelty, or eruel and
nhuman treatment, when alleged, afford a
side field for jadisial discretion. In the
our ase of this investigation some of the
acts which have been offered as substantiat
ng these causes have been furnished the
lelprtment by its agents. The following
ire a few of the instances under these
euses where a divorce has been granted to
he wife.
"(7) Defendant does not speak to plain,
iff for months at a time, thereby making
ife a burden.
"(13) Defendant got drunk day after the
narriage, causing this plaintiff to conceive
Sviolent disgust for him. Divo:rce pro
reedings began on day after marriage.
"(19) Plaintiff says that when she was
ick in bed the defendant, for the sole pur
ose of harassing her, said he meant to sol
ride, and did then and there drink a bottle
ef paregoric, which said action of defend
nt sorely grieved plaintiff in body and
"(23) When defendant suffers financial
oass he lays it to plaintiff, and censures her
n bitter terms. He treats her as a child,
lanimin, the right to do so because of his
sge and sex.
"(27) Plaintiff says she is subject to sick
aeadaches that grows worse when she
mells tobacco, Defendant urea tobacco
nd thus aggravates her heandaches.
"(31) P'laintiff savra immediately after
marriage defendant began importuning htrer
o dead him her property, which said im
:ortunity caused plaintiff mental anguish.
"(141) Defendant threatened to knock
plaintiff 'cold as a wedge,' whereupon he
id clutch her by the throat and pound her
head against the wall.
"(38) Drfenrdant quotes verse from New
'estament about wives obeying their hues
bands. He has even threatened to mash
plaintiff and drew back his hand to do it.
In the decree granting the divorce appears
the following: "I find that whon plaintiff
was sick and unable to work defendant told
her the Lord commanded her to work; that
he was also in the habit of frequently qnot
ins Soriptural passages in order to show
her she was to be obedient to her husband."
"(4!)) Defenuant cut off my bangs by force.
"(iS) Defendant was cruel in this: lHe
caused a letter to be written, saying he was
dead. Plaintiff ordered a mourning garb,
and grieved a long time, but at last learned
the ltter was a fraud, and that defendant
waa not dead,
"(G1) W~ile defendant was confined to
his bed by lameness, he throw cups and
eeaucers at plaintiff and threatenel to run
his cratchl down hler thront."
"Tire followin inratanue." rays the above
re:oort, "shown the Interpeetation of courts
as to erueltr where this has been rilegoed
by the hrusband as coming from the wife."
in these cases thie husband secured his
"(8) Defendant violently upbraild.d
plaitiff and said to him: 'xua asr or man
at all,' thus causing him mental uffering
and anguish.
"(5) Rusband says: "My wife retaoed to
keep my clottlug in repair; she refused to
cook, and never sewed on rmy bUttonl.' A
witness testified that he had seen flaintiff
with only one button on his vast. Plaintiff
further alleged that his wife would not let
him go to see fires at night; that if he went,
she would keep him awake until three
o'clock quarreling.
S"(6) Defendtnt pulled plalptiff out of
bed by his Whiskrs. er
h"(12) Defeidant took all the covering off
the bed, leaving the plaintiff to shiver until
morning. On one occasion she jumped on
him with her knees and ran a knitting
needle four inches in his arm.
"(14) Defendant struck plaintiff a violent
blow with her boustle.
"(21) Husband says: 'My wife would
not walk with me on iundays. Onch In a
tantrum she heaved a teapot at me, ihe
hit me on the side of the jaw because I re
fused to be worked into a passion; once she
pulled out quite a qantity of my hair.'
Among the papers waseatuftof hair marked
'Exhibit A.'
"(30) Daring the last year the defendant
has siruok plaintiff with 'okers, flatirons
and other hard substances.'
Lest those in search of a divorce may be
misled by the above cases into thinking it
as easy as marriage, it is as well to remind
them that judges insist that proof of the
allegations must be forthcoming. It will
not do to allege sufficient cruelty to eall for
a divorce unless there is proof.
In summonng up the divorce statistics
for all the states the report says: "Our
eonurtes, instead of being careless in the mat
ter of granting decrees, weigh well the
cases alleged, and do not grant decrees un
less the allegations of the libellants are
fairly sustained. In about 30 per eent of
the cases of petition a decree has been
The judges are, however, compelled to
render their decisions in accordance with
law where the statutes lay down a slight
cause as sufficient. Whenever that is
proved to exist, the judges may grant the
divorce. D. E. Vonae.
Bucklen's Arnica Salve.
The best salve in the world for cute,
bruises, sores, ulcers, salt rheum, fever
sores, tetler, chapped hands, chilblains,
corns and all skin eruptions, and positively
cures piles, or no pay required. It is guar
anteed to give perfeot satisfaction, or
money refunded. Price 25 cents per box.
For sale by R. S. Hale & Co.
Master of human destiny am I,
Fame, love and fortune on my footsteps
Cities and fields I walk. I penetrate
Deserts and seas remote, and passing by
Hovel and mart and palace, soon or late
I knock unlbidden ones at every gate.
If sleeping, wake; it feasting rise before
I turn away. It is the hour of state
And they who followme reach every state
Mortals desire, and conquer every foe
Save death; but those who doubt or hesi
Condemned to failure, penury and woe
Seek me in vain ant uselessly implore;
1 answer not, and I return no more.
But fail ye not in this rsspeet,
Seize every opportunity to travel
Over the Chicago, Milwaukese I t. Paul
This is the advise of
Gae. H. Huaneo.a
General Passenger Agent, Chicago. Ill.
HELENA, Mont., May 1. 1892.
Notice is hereby given that the following
persons and property are delinquent for
special taxes for the opening of Lawrence
street, provided for by ordinance No. 123.
approved March 2. 1892. Unless said taxes
are paid before Monday, May 16, 1892, such
property will be sold at publie auction on
that day between the hours of 10 o'clock a.
ic. and four o'oloek p. m. at the city treas
urer's office in the city of Helena, in ac
cordance with the provisions of the city
Rodda estate, two-thirds lot 24, blk. 37, H.
Rodda estate, lot 26, blk. 37, H. T.
Hoback R., and Cannon C. W., lot 1, blk.
116. H. T., $35,5.94.
Cannon C. W., lot 8, blk. 417. H. T.,
Lockey R., lot 1, blk. 424, H. T.. $244.92.
Lockey R., lot 2, blk. 424, H. '., $223.73.
Lackey R., lot 3, blk, 424, H. T., $223.73.
Edwards D. I., lot 7, blk. 425, Allen,
Edwards D. R., lot 8, blk. 425, Allen.
Edwards D. R., lot 9, blk. 425, Allen,
Laughlin T. J., let 10, blk. 425, Allen,
Carter Louisa, lot 11, blk. 425. Allen,
Carter Louisa, lot 12, blk. 425, Allen,
Treasurer of the City of Helenn.
S500 Reward!
We will pry the above reward for any case of
Liver Complaint, IDypepsia. Sick headache, In
diaestion, Constipatitn or Costiveness we ran
aot core witih West's VeetabSle Live- Pills, when
the directions are strictly complie'l with. They
are purely vegetable, aun never ail to 5ive ratis
faction, Sugar C(ated. Largo boxes, 25 cents
Beware of counterfeits anl imitations. The
genuine sold by II. M. Parchen & Co.. ltelona.
A new and Cemplete Treatment, eonsisting of
ouppositorie,, ianttment in (apsrries, also in
Box and Pila Positive Cure for EIterral, In
ternal. Blind r Bleending, itching. C1hronic, Re
cent or meredilary Pileh. and mnro other die
eases and fomale weaknessese it is always a great
benefit to tia general health. T'he first discovery
of a medical core rendering an operation with
the kire unrr©eseary irerefter. 'I hi.e lemrdy
tao never been known to fail. 51 ter bra, 8 for
I: senct by mail. Wnhy saier from thi d terrible
diseslo wien a written snarant is roLi'ively
gieyn with t boxer, to refurd the money it not
ovrsrl. end tamo for free sampleo. (.taranttr
isued byl i. oerehesn & Ce., drelggists, see
agenta Helena, Mont.
Public Buildings, Churches and
Dwellings decorated in the Latest
Style. Tinting, Kalsomining, etc.
J0. 0. BoX 785, IIElEls NA.
- AND ,,
G0. General Book Binders,
No. 13 North Main Street No. 11 Jackson Street.
'he Most Fully Equipped in the Northwest
Comprising every modern facility for the
expeditious handling of work and its execution
n the highest style of the art. All kinds of
Artistic and Commercial Work.
- TRY US. -----
Binding and Blank Book Dept.
This branch of our business is replete with
he finest stock and best and latest machinery
hat could be obtained for its purposes. It com
PLETE PLANT between St. Paul and Port
and, and is capable of meeting aH demands
nade upon its resources. Blank books of every
lescription, portfolio, magazine, pamphlet
work, etc.
C., ST. P., M. & 0. R. R.
'The Noth-Western Line."
This is the only line making connection with
,very day in the year for Chicago and the East.
Leavoe Butte............... ..... 7:33 a m
Leave Helena....................... a1:10 am
Leave Great halls ............... 2:15 pm
trrive Minot ... .... ... 10:50 am
Arrive brand Forks .................... 6:20 p m
Arrive St. Paul...................... 6:55 am
Leave Batte.. ........... 12:25 pm 9:25 p m
Leave Helena ..... ....... 1:10 pm 10:35 p m
Leave Bozeman ........... 5:10 p m 2:25 p m
Arrive St. jaul.............. 12:15 p m 6:20 p m
Leave St. Paul..... 7:55 am 5:15 pm 8:05 pm
Arrive lMilwaukee.. 7:35 p m 7:25 a m 7:25 a m
Arrive Chicago..... 9:35 pm 8:00 a m 9:30 a m
''The North-Western Line" in the shortest line
in both distance and time to Chicago.
hor map folder of line address
General Passenger Agent, St. Paul.
Seconl Floor, Herali Blilling.
00KS Order
P'otice is hereby given that a joeeting of
the stockholders of the ,tan 4Mining & Milling
company will he he.d at. the office of tho com
pany, at 517 Knight street, in the city of Helena
state of Montana. on Friday the 10th day o,
trne, 1812, for the purpose of submitting to such
stockholders a proposition to inclease the capi
tal atook of the Mao Mining A Milliog compaay
to the amoent of tour hundred thousand (100.
8)0) shares of the par value of live dollar (95)
per share: the prevent capital stock of said com
pany being throe bhndred thousand (100.000)
shares of the par value of five dollars ($5).
By order of the board of Irustees.
J. C. McrANN.
Majority of Treatees.
the Fir udiadicia trict of the state of Mon
tana, in ad or the oonon of Lewis end Clarke.
Data Bron, plainiff, vs. Louis Brown, de
fe gat.
Te state of Montana sends greeting to the
above-named defepdant:
Yoare horet* required to appear in an action
brought agdinstyon by the above-named plain
tiffin t datr ict court of the First judioal
district c the late of Montana, Ia and for the
county of ~ewis and Clarke, and to answer the
compi it filed therein, within ton days (exclu.
slie of ie day of service) after the service on
you of thisemmon, if served within this county;
or. if served out of this county, but within this
district, within twenty days; otherwise within
forty days, or judgment by default will be tlake
atainety ou according to the prayer of said cont
The said sotion is brought to obtain a jndg
ment and deoree of said court dissolving the
bands or mat:imoy heretofore and now exiit
ing between plaintiff and yourself, upon the
ground t' at you did, on May 24, 1810, wilfully
and without cause and without the plainmtilf's
consent. desert and ahandon the said plaintiff
and live searate and apart from her, and that you
have continued so to do-without cause or rea
son and against plaintif's will and without her
con-ent, and for general relief, all as more ull r
ap peers from the complaint on its herein to
which reference is hereby had.,
And you ace hereby notifto I t'at if you fail to
appear and answer the slid con.plaint, as above
re"cired, the said plaintiff will epply to thecoort
for the relief demanded in the complaitt.
Given under my hand and the seal of thedistrict
court of the First nudic;al district of the state cf
Montana. in and for the county of e .wl and
(Cart.e, this 2d clay of ray, in the year of
our Lord one thousand eight hundred and ninety
t soAL.J JOHP BEAN, Clerk.
Fy H. R. ToxMPRON, Deputy (:lc.ck.
F. N. & S. H. ltCINTIRat, Plaintil's Attorneys
cution in my hands, iesued out of the dis
trict court of the first Judicial district of the
state of Montana. in and for the county of Lewis
and Clarke. in thesuit of Brace Wilson against
David Kirby. duly attested the l21st day of April.
A. D.. 18, I have levied upon all the right
title and interest of the said i;avii Kirhr in and
to the following described property, situated in
Lewis and Clarke county, Montana. viz.:
An undirided halt (hi) interest in tee Monte
Christo mining claim, located in Ten Mile, nu
organize . mining district, Lewis and Clarke
county, dontana, about one-half mile south of
the -- of Clarkson and west from Ruby creek.
This location is 1,500 feet long by 600 feet wide.
and its boundaries are distinctly marked upon
the ground by stakes or poets as follows: Eegin
ning at discovery and running 1,100 feet eate:ly
to a poet markted "1 asat-bnd canter:" thence 30O
feet south to a post marked "2 southeast cor
ner;" thence 1,500 feet westerly to anpost marked
3 aout lchwest corner;" thence 801 feet north to a
Itost Lar.kod "'t northwest eorur:;" tlhience 1.00
feet east to a post marked "5 northeast corner;"
thence 300 feet south to a poet as arked "1 east
end. center." A notice of location of said claim
is recorded in book 2 of lodes, page 162, of
the records of Lewis and Clarke county. Mon
Notice is hereby given thaton Tuesday, the 24th
day cf ti ay, A. D. 1091. at the Ihour of 12
o'clock m. of said day, at the front door of the
court hoouse, in the city of Helena
coty andel state aforesaid. I wil sell al
the right, title and interest of ItI said'flavid
Kirby in and to tno enid anovo described prop.
erty, to the highest bidder for rash In hand.
Given under my hand this,. the .d day of
Maiy, A. D. 18a.
CHARIES M. JEFFlltS., Sheriff.
Our Stationery Department.
Is always complete. Fine Writing Papers
and Envelopes, Office Stationery, Typewriter
Supplies, etc.
Wall Paper Department.
We have just received a carload of all the
latest styles and designs in Wall Paper and
Room Mouldings.
Art Department.
If you want a Fine Etching, Engraving, Water
Color or Pastel, or a picture frame, call on us.
The largest stock of picture mouldings in the
city. Frames made to order.
Book Department.
Books in fine bindings in sets. All the latest
and popular novels received daily.
(T. E. Cratcher, R. C. Garland)
Attorneys at Law.
Reem 7 and 8, Bailey Blook.
Mlining, corporation and real estate law epeealI
lee. Will practice in all the state coourte, in the
United State. supreme court and before .all the
iepartena in Washington city, in connection
rith Hon. A.L i. Garland. late attorney general.
Attorney and Counsellor at Law.
Masonic Temple, Helena, Mont.
Attorney and Counsellor at Law.
Will practice in all courts of record in the
state Office in Gould Block, Helena, Mont.
Civil and Mining Engineers.
U. S. Deputy Mineral Sorveiors. Mineral pat.
ents secured. Rooms 12-18, Atlas Building,
Helena, Montana.
Physician. Surgeon, Acconuher, Oculist, Aurist
Member of Ban Francisco Medical Society,
also Nevada Stato M dical Sooiety. Office on
Main s rout, over titeinmetz Jewelry Store.
Diersees of Women and Children peclal
Helena, Montana.
Office: First National Bank Building.
Telephone No. 1M.
_DR. C. K. COLU.
Offce: First National Bank Building.
Telephone No. 168
"Henry's Specifics"
No matter from what cease. Contains an mis
erals. Price $1, Wholesale and retail druggistl
supply the demand.
Depoeitoy fno: the United States and Caned.
13 last 'lThitieth street. New York.
The Specdfil can he sent by mail mOaled on M
seipt of moaer.
No. 101 South Main Street. Corner of Wood Street.

xml | txt