Cortland Evening Standard, Tuesday, January 20, 1903.
NOT LEGAL RESIDENCE.
Six Months Stay in Dakota Not Sufficient
IN ORDER TO SECURE DIVORCE.
Justice White of the Supreme Court Declared a Dakota Divorce From a Massachusetts Woman Invalid—Justice Holmes Had Given Same Decision in the State Court.
Washington, Jan. 20.—The supreme court has again passed upon the validity of divorces granted in South Dakota to non-residents. The case involved a question of property rights of a woman resident of Massachusetts whose husband had secured a divorce in South Dakota after remaining there six months. The Massachusetts courts held that the decree had been fraudulently secured. The opinion affirmed that holding on the ground that the husband's residence did not constitute a legal domicile.
In passing on the case Justice White discussed at some length the question whether the federal constitution is involved in any way in the case.
He held that this could not be for the reason that the general government never had any power over marriages to delegate, control over marriage always having been vested in the states and never parted with by them. Hence there was no power that congress could exercise to regulate or prohibit divorces, and it must follow that unless the several states were permitted to control the subject of divorce among their own citizens the subject would be entirely uncontrolled in which case the absolute destruction of society must be the result.
As the complainant in the proceedings had been a citizen of Massachusetts the courts of that state had jurisdiction and not the courts of another state.
It was evident, he went on, that the husband's six months residence in South Dakota had been taken up for the sole purpose of securing a divorce. The temporary change of residence did not amount to domicile or to a change of citizenship. For this reason he held that the South Dakota court was without jurisdiction in the divorce proceeding and its decree wholly void.
Justice Holmes took no part in the decision for the reason that as chief justice of the state of Massachusetts he had delivered the decision declaring the Dakota decree invalid.
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| George Gray. |
COAL STRIKE COMMISSION.
Chairman Gray Thinks Boys Should Be Kept From the Union.
Philadelphia, Jan. 20.—The examination of Colonel R. A. Phillips of Scranton, general superintendent of the mining department of the Delaware, Lackawanna and Western Railroad company, took up the greater part of the session of the coal strike commission. Superintendent Phillips told of conditions in and about the collieries owned by the Lackawanna company.
Colonel Phillips went on to say that the plan of the miners' organization will have to be materially changed or the union will not last long in the anthracite fields. It will have to eliminate the boys, who have a voice in the organization. Each boy has half a vote, but he often casts a full vote.
Chairman Gray interrupted to remark that an organization like the mine workers' union should be composed of mature minds.
The witness said there were more cases of insubordination among the men now than there were prior to the strike of 1900. The minimum wages of inside laborers, who require no skill, he continued, is $1.77 a day, and $1.38 for outside laborers.
In reply to Commissioner Clark, the witness said he personally thought the men could bring in a third party to arbitrate in case the employes [sic] and the company failed to agree on some disputed points. If the company brought in an outside person to plead its case, he thought the men had an undoubted right to do the same.
Just as Colonel Phillips was about to leave the stand W. W. Ross of New York, counsel for the Delaware, Lackawanna and Western company, asked him if his testimony regarding the right of calling an arbitrator was not only his personal view and that if he were asked to give it officially he would have to first consult with the president of the company. Mr. Phillips replied that the opinion he gave was a personal one and was not the official view of the company.
"Do you want to dissent from Mr. Phillip's view of the matter?" asked Chairman Gray.
"I do to a certain extent," was Mr. Ross' reply.
Dr. J. M. Wainwright of Scranton, a physician, testified that the occupation of mining, so far as heath is concerned, compared favorably with any other occupation.
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| Theodore Roosevelt. |
PRESIDENT MADE SIGNS.
Conversed With Red Men in Language of the Woods.
Washington, Jan. 20.—Tbe president delighted ten Indians from the Blackfeet agency in Montana yesterday, when he talked with them in the sign language. The Indian tribes have different languages, but there is one sign language that is universal. The president learned it while on his Western ranch and proved to his visitors that he had not forgotten it.
The Blackfeet were introduced by George Bird Grinnell.
TO BURN THE MORTGAGE
Which Indicates the Clearing up of the Homer-ave. M. E. Debt.
There will be a social and supper at the Homer-ave. M. E. church on Wednesday evening, Jan. 21, under the auspices of the Ladies' Home Missionary society. There is no fixed price for the supper, each paying what he wishes. The proceeds are to be used toward making up the deficiency to pay all the church indebtedness. Supper will be served from 5 to 7 o'clock, after which the following program will be rendered:
Music, Choir.
Prayer, Pastor.
Music, Orchestra.
Address, Church Debts, Oliver Jennison.
Recitation, B. A. Nichols.
Address, Church Enterprise. How Financed, Theodore Schiele.
Music, Orchestra.
Burning of Mortgage by Trustees.
Music, Choir.
Benediction.
Death of Mrs. Stebbins.
Mrs. Margaret Stebbins, widow of Franklin Stebbins, died at her home, 52 Grant-st., Cortland, yesterday morning from a complication of diseases. Her age was 61 years. The funeral will be held from the home tomorrow at 1 o'clock, p. m. Burial in Homer.
Mrs. Stebbins leaves two daughters, Mrs. E. I. Woodward and Miss Lillian M. Stebbins, both of Cortland. She is also survived by a brother, Mr. George Johnson of Binghamton, and by three sisters, Mrs. Erastus Jones of Homer, Mrs. John Sears of Messengerville and Mrs. C. O. Potter of Patterson, N. J.
Death of Chester E. Smith.
Chester E. Smith, aged 20 years, 9 months and 11 days, died at the home of his brother, W. A. Smith, 69 Groton-ave., Cortland, at 7:30 o'clock yesterday afternoon. The funeral will be held from the house Thursday at 11 o'clock, a. m. Mr. Smith was a son of Mr. and Mrs. E. L. Smith. He is also survived by a brother, Fred Smith, of Taylor and by two sisters, Mrs. William Bort of Cortland and Mrs. Bird Hyer of DeRuyter.
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| Historic Edward Hill Brewer House, Winter Park, Florida. |
ORANGES AND GRAPE FRUIT
Just Received from E. H. Brewer's Florida Grove.
Palm brand oranges and fancy grape fruit from E. H. Brewer's grove at Winter Park, Fla., just received at H. B. Hubbard's. This fruit is the finest consignment of the season. [Paid ad.]
BREVITIES.
—Two drunks were discharged in city court this morning.
—The attendance at Sundayschool [sic] Sunday at the Congregational East Side Mission was eighty-two.
—The John W. Vogel Minstrel company arrived in Cortland this morning in its own private car and will entertain at the Opera House this evening.
—The hook and ladder trucks of the Cortland fire department were taken today to the Ellis Omnibus & Cab Co.'s shops to have new truss rods placed under them.
—On account of the revival meetings the Fortnightly club will postpone its meeting this week until Saturday afternoon when it will meet at the usual hour with Mrs. George P. Hollenbeck, 10 Church-st.
—New display advertisements today are—A. S. Burgess, January clearance sale of clothing, page 8; New York store, Bargains, page 8; M. A. Case, Bargains in coats, page 8; A. B. Boyce, Painting and paper hanging, page 5; G. H. Wiltsie, Clearance sale, page 7.
—The Men's club of Grace Episcopal church will meet tomorrow evening at 8 o'clock at the residence of George L. Warren, corner of Railroad and Greenbush-sts. The annual election of officers will occur. The speaker of the evening will be George A. Oldham of Cornell university, and his theme will be ''Brotherhood Work."







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