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HomeMy WebLinkAboutThe Huron News-Record, 1889-07-31, Page 2;he Norsk Motu* -noxi Ip 'V1 L Sile%, Every Wednesde.y Morning 'AT ritte` 8z 'Vet\d►, AT THEM POWER PRESS PRINTING HOUSE, Ontario Street. Clinton. X1.50 a Year—$1.25 in Advance. The proprietoraof THE tloDEiruOR NEws, having purchased the business and plant of TUE }Whorl RECOUP, will in future ublish the amalgamated papers in Clinton, under the title of "TUE Holton NEWS- ' tenon'." • Clinton le the most prosperous town in Western Qittario, is the peat of considerable manufacturing, and the centre of the finest agricultural section in Ontario. The combined circulation of Tun NEws• REcoan exceeds that of any paper pub- lished in the County of Huron. It is, therefore, unsurpassed as an advertising medium. sarRates of advertising liberal, and firnished on application. sarParties making contracts for a speci- fied time, who discontinue their advertise- ment, before the expiry of the same, will be charged full rates. 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'Phe man does not justice to his business who spe..ds less in advertising than he does in rent. -A. T. STEWART, the miltionaire ut-rchant of Neta Fork. Wednesday, July 31st, 1889 AMERICAN DIVORCE' IN ,CANADA. Our town totem. viewing `every- thing as usual through its bigoted partisan a.pectacles,'is, surprised that the London Free Press should ex -- prices doubt's about the legality of the marriage of Hon. Mr. Foster with Mrs. Chisholm, whose first husband is still living but from whom she obtained a divorce in Chicago, Whether the marriage was prudentror nut is open to quos• tion, that it is perfectly legal the following from the Montreal il''them makes quite clear. The effect of a decree of a foreign court dissolving a marriage solem- nized in Canada was discussed by Parliament in the Ask caeo, in 1887, ant has been the subject of two lawsuits before Canadian courts. In the Ash case there was an American divorce on the ground of desertion, whish decree was attacked, and as this sass is probably on all fours with the recent marriage of the Hon. Geo. E. Foster, it will be of interest to examine the statement so broadly made in the press that in Canada Mrs. Foster has no legal status. The highest authorities declare this to be entirely wrong. Mr. and Mrs. Chisholm were Cana- dians married in Canada. In•1884, through misfortnne or wrong doing, Mr. Chisholm fled the country. Mrs. Chisholm subsequently, in, 1889, appears in Chicago as an ap- plicant for a divorce on, the ground of desertion, and as an absolute decree was granted, it is presumed that valid reasons for it•wore estab- lished to the satisfaction of the court. Mrs. Chisholm and Mr. Foster are then married according to the forma prescribed by law and usage, includ- ing the rites of the Christian Church:° Mr. and Mrs. Foster come to live in Ottawa, the former's home. MRS. FOSTER'S STATUS. Now comes the question, are Mr. and Mrs. Foster man and wife in the eyes of British law t The House of Lords and the Judicial Committee of the Privy Council answer yes. In the appeal of Harvey ve. Faruie, in 1882, the reported summary of the decieiou is us follows :— • "The English courts will recog- nize as valid the decisio a come patent foreign Chrietian banal dissolving the marriage between a domiciled native in the country where such tribunal has jurisdiction, and an English woman, when the decree of divorce is not impeached by any species of collusion or fraud. And this although the marriage may have been solemnized in England and tnay have been dissolved for a cane whish would not have been sufficient to obtain a divorce in Eng- land." As Lord Selborne put it : ' "The Judge of the Divorce Court and of the Court of Appeal have beth held thtt the sentence of di- vorce, not being impeached by any species of collneion or fraud► wa,,ir the aentenco of a coria of competent jurisdictiol , not only efectual within that jnrir?dt"ctzon,but entitled to re- cognition in. the Courts of this coun- try plso.'t "1 should certainly say that the principles of private international law point in the direction of the validity of birch a sentence and of its recognition by the courts of other countries. When a marriage has been duly solemnized according to the law of the place of solemniza- tion the parties become HUSBAND AND WiFE and the wife acquires the domicile of the husband." The Lord Chancellor insisted that they must recognize the law of the forum, that is, of the Court granting the decree. He concluded by examining the authorities and say- ing :— "The current of judicial opinion is in favor of regarding international principles upon this subject when you do not find ,the positive law of the country of the forum in coullict with those principlss." Lords Blackburn and Watson said they were "entirely of the same opinion," and the "whole stream of authority" being in favor of the validity of the foreign divorce and its recognition by British courts, the appeal against it was dismissed. OPINION IN THE SENATE. What did an eminent Canadian lawyer say on this points Hon. J. J. C. Abbott speaking in the Senate said: "The effect of a judgment in one country upon the judgmeut of a court in another depends upou the comity between nations and on this principle, that as, both nations, be- ing Christian and civilized, have de- termined etermined to treat the subject matter of a judgment as a fit platter for decision by their courts then out of as it were, international courtesy, they gave the judgment of a court of another country that considera- tion and weight involved in regard- ing it as prima facie a correct judg- ment. Yet Mr. Abbott held that a foreign decree of divorce did not claim 'that kind of consideration and recognition in Parliament which it would have before an ordinary Canadian tribunal upon a matter the jurisdiction of which was com- mon to both." Senators Power and Dickie wout further, the for- mer quoting Foote's International Jurisprudence, where it is laid down :— "If the court which decreed the divorce had jurisdiction to make such a decree according to the esti- mate formed by English law of that jurisdiction, it is certain that such a foreign judgment will receive full recoguitiun here as .conclusive and binding, whether in a suit between the sante parties or between strangers to the decree." Jeuator b)ickie, the most ex- perienced man in the Senate, stated tha principles of late to be as fol- lows :— "It is a well defined principle of international law that the decrees of a competent foreign tribunal are re- cognized as prima facie decisions that should bo respected in all couu- tries; this principle has been carried so for in England, in relation to divdree,'that the courts of England, to which we look for precedents, have actually recognized divorces, regularly granted in other ciiiintries, although the ground of divorce was such as would not be sufficient in England." HARVEY VS. FARNiE SETTLES IT. Mr. Dickie also said that the case of Harvey V8. Faruie was "entirely in point." He even quoted a stronger case where the party had obtained a divorce in Russia on the ground of incompatibility of temper only, yet so decided were the courts of England that they were bound to respect the discisions of court° in other countries, they recognized the divorce as valid in England. The upshot of all this was that Parlia- ment struck out anything Impugn- ing the velulity of the Americau divorce. Here then is legal authority, from the Lord Chancellor of England down, to warrant Mrs. Foster in saying: "Raving compli- ed .with the provisions of the law in Illinois a British court in Canada is bound to recognize my decree of divorce." Many members of the Senate took a contrary view, but it was a ques- tion with them of policy, not law, and drew fruttr the Hon. Mr. Kanl- bach the rem.irk "We are bound to recognize the decree of the Court of the United States ; it is binding upon us accord- ing to precedent and the principles of law, and the cannot sat ourselves up as superior to courts of law, and say we are going to judge of the merits according to our peculiar notions of right,, regardless of the law." As Mr. Foster is charged with disregarding the law, this is the Point : That the law by which Canadian courts are governed is entirely ou hie aids. The exemplary and moral aspects of the question are other matters altogether, but although Parliament ie above law and migh reject an American decree of divorce, yet the courts of law in Canada or Ungleudd are bqund 10 te- 0 nize it, NO On,e Of Course hoe c.g.. r r any right to asauw..pthat there was. any informality in procuring the decree ; the law assumes that• the foreign court was fully satisfied, unless subsequent evidence should show collusion or fraud. LEGAL LIGHTS IN THE COMMONS. Here is what £%l r, Davies, Q. C., M. P., said in the Ash case, assert- ing that a divorce obtained accord- ing to the laws of the United States should be recognized . here : "A woman is an honest Woman in the oyes of the law of the States, and we are askede to declar that if she crosses an imaginary line she loses her legal status, her position of honor. What does Lord .Justice Lush say 1 He says : "Now to hold that the Seotohman who was released by the law of his own country from the marriage tie should, as emu as he name over the border into England, be liable to be indicted for bigamy is something that shocks all one's notions of morality and public convenience." The only Canadian case involving the validity of an American divorce which has come before a Federal court is that of Stevens vs. Fisk from Montreal, and in that case Mr. Justice Gwynue wholly agreed with the principle laid down in Harvey vs. Faruie, and he was supported by the majority of .the Supreme Gout t. Mr. Weldon, Q. C., M. P., the leader of the New Brunswick Bar, expressed this opinion ; "I think we can deduce from Harvey vs. Farnio that if the foreign court have jurisdiction, although the cause for which the marriage is dissolved might not be one which would authorize the English Court to dissolve the marriage, it mikes no difference as to the validity of the decree," The Minister of ustioe, JSir John Thompson, agreed that if there was jurisdiction in the foreign court we must recognize the decree of divorce. So other opinions might be quot- ed, but sufficient are given to show that if the Illinois Court had juris- diction—and no one has any ground for questioning that—then Mrs. Foster occupies the same positionin the eyes of the law tor any other lady in the land. No reference has been here made to the case of McGurn vs. McGurn in the Ontario courts, for although there an American divorce was held to be invalid in Outario it was be- cause there was a want of jurisdic- tion in the foreign court as well as fraud in obtaining the decree for desertion, and these causes would,. of course,invalidate any judgment of a foreign court. OLD MAN ;LUNDSFORD'S FIGHT. TWO REMARKABLE OUTCOME OF HIS SCHEME' TO CAPTURE A 'FLOCK OF WILD GEESE. M.C. Kiser, solemn after the man nerof ainen brethren, and scrupul- ous in statement as the wary witness who testified that his name was " Abraham Jones or words to that effect," has yet this tale to tell, He says it was told him many years ago by a gentleman of character and reputation for veracity. " Old man Lundsford was out hunting one day when he heard the familiar 'crook 1 crook 1' of wild geese away up in the sky. Their keen eyes discovered a creek, and -down they came to a broad and deep pool made by a widening of the channel one hundred yards above. "Afraid to go within gunshot for fear of frightening then off, Lunds- ford sat still and thought the mat- ter over. As he did so his eye fell upon a stout piece of very large cord, the end of which hung out of his bunting bag. A happy thought "struck him and he pulled out the cord to eee if it was long enough. "Coiling the cord carefully around bis left arm, he crept cauti- ously to a bend of the creek where he was out of sight,,,,pf the geese. Quickly diveeting himself of hie clothing, he waded slowly up the creek, keeping well under the bank to avoid frightening the geese. The bend concealed him from theta until ho was within aboet thirty yards. "Through the overhanging foli- age he could just eee them sailing, diving, and cavorting about the pool. They were in high spirits, and appeared to be totally uncou- cious that they were watched. There were fourteen Deese and one big gander, who kept aloof and looked on at the sport as if it was a little too undignified fur him. " Lundsford had been a wonder- ful diver in his boy days, and now he prepared for a long swim under the surface. Dipping noiselessly in the water, he half swam half crawled, terrapin fashion, along the bottom of the pool till he got under the geese. They were disporting themselves about in a circle, and Lundsford slowly rose in the center till the top of his head appeared like a moss -covered rock above the surface. The geese took no notice of this, and he managed to get his nostrils above the surface and take a long breath. • "Then kc stink without reel og aouunpd tahnd deity! lonoenegoohsiea aCfodr another. The, otherr geese could not undexatand the queer capers of their neighbors, who seerliQd sod. dimly to be attacked with a fit of the St. Vitus dance, until, one by one, they found themselves in the same predicament. Then they all knew they were tied, and their de- meanor became frantio. " But it• was too late, Lundsford had tied the feet of all fourteen of them, and fastened the ends of the cord together. Then he threw cau- tion to the winds, and rose euddeo- ly in the middle of a circle, with hie hands stretched out grasping the cord on opposite sides. "Alas for his temerity ! The old gander, who was free, set up a terrible ' croak 1 croak 1' The geese auswered in notes of despair, but the old fellow seemed not to have lost the courage of leadership, for he hovered within a safe dis- tance, and by a series of energetic croaks inspired them with a sadden and desperate resolution. " All at once the gander, with an unearthly crook that sounded to Lundsford like the wail of the damned, lifted his clumsy body and led the flight. With a tremendous flopping, and a succession of croaks that strangely resembled the 'Heave, ho !' of the negroee, they rose from the water and sailed away towards the eky, carrying Lundsford with them. Before he knew what was going to happen he was fiftv feet from the ground, and when he re- alized his perilous position he was too high to drop. He was in for the flight. He must migrate whether or no, and up under the edge of the clouds as the cool winds of the upper air fanned the perspiration from his brow, be had time to think over the situation. Where would he land and how far from home 1 Would the fool birds drop him in the ocean or the gulf 1 " He was ,passing over a town and he could see the people gather in clusters along the street and twist their necks to look up in the sky. It was a large town and the suburbs stretched away for nearly a mile. To his unutterable horror he re- membered that he had left, his clothes ou the bank of the creek. Even if he had had thein, it would have been impossib.e to put them on. This newfangled vehicle of his had no facilities for making toilets, and he had to remain as nature found him, without any of the superfluities of fashion. I1 was. an admirable flying costume, but was not appropriate , for a public performance. He was just con- gratelating himself that he was ,too far above those curious eyes for them to discover his costume, when he saw that oue group held some- thing in their hands. It was a long field glass. He bent his agonized face once more to the front. At least the) would not recognize him. "Jost at this time he noticed that the occasional.cronks began to grow .feebler, and that the geese appeared to labor in their flight. They were becoming tired aed most inevitably sink under his weight very soon. Then he prayed that the wings of the geese might be strengthened for a season. Ho was willing, even, like Jonah, to be cast into the sea ; anything rather than land in that - ,town. Then he clucked encourag- ingly to his fourteen winged steeds and gently jerked the cord as if he were jerking the reius of his horse, but still they labored. The old gander's hoarse ' crook 1 croak !' seemed to mock him in his despair, and his downcast spirit began to siuk. " All at once he heard something whizz by him,. and he saw a puff of blue smoke away down below. A second or two later he heard the sharp crack of a rifle, the sound having traveled slower than the ball. " His blood almost 'froze in his veins. Horror had been added to horror, and his spirits sank in the depths of despair. "But the darkest hour was just be- fore the dawn. Tlie whizz of the bullet and the report of the gun had frightened the geese and nerved them to renewed exertions. They made oue desperate effort to reach the friendly cover of the woods. Lundsford% Spirits rose as he saw that the geese •were likely to ac- complish their object. Now the croaks of the gander seemed more cheerful, and the breezes brought a grateful coolness to the man's fever- ed brow. He began to hear the solemn laugh of the forest as the suburbs disappeared and the sougs of the pines soothed him like an reolian harp. " A mile or so from town the gander gave a peculiar ' cronk ' at the sight of water, and the- geese began circling to descend. With an indescribable feeling of relief, Lundsford tightened his grip as his winged chariot swung round the circle, and he rocked not the icy coolness Of the pool into which he was plunged. " Having mads fast the end of the cord to a tree, he began to con- sidor,what he would do. Fortun- ately at this juncture he heard a dog bark, and following the friendly sound he soon came in sight of a cabin in a clearing. Concealing hiwasi 'i.n. the 'ender:1411eh, be shouted n. Blind l>ello. A women same to the ti'oor, looked around curiously and went back. hello 1' be cried agate. "Thea the man came to the door, and he recognized a former tenant. 1" Hello, Goddard !' he cried. "' Hello yourself ; but why don't you come out of the brush 1" "' Because I uiu't fitten.' " Ain't fitten 1' "' No, I haven't got any clothes,' "' Who aro you, anyhow 1' "'Come a little nearer and I'll tell you.' " The man was a little skeptical and came out cautiously, with his gun in his hand. "' Who are you now 1 he called out when thirty steps off. "'Sam Lundsford.' "' Sam Lundsford in that fix ! Well, I reckon I'll have to help you out.' And he went in and got the best snit of clothes he could spare and flung them over in the bushes. Sato jumped into them and then sheepishly came forward and told his story. " Goddard's eyes- opened wide as he listened, and he evidently thought Lundsford was off his balauce, but when he went with him to the creek and saw the wild, geese tethered to the tree he no longer doubted." g9Itr,. LOVE'S COURIERS. Hark ! there's a little wind coming, Coming across the way. - Hush 1 heart, and listen, and little wind hasten With a.meesage from him to -day. Ah ! little wind what say you. Haat a message from him to me— Listen—"He's coming—to-night in • the gloaming Coming, coming to thee." Stay 1 there's a star -beam gleaming From its heaven of ;far -away blies, It calls through the darkling with happy sparkling "He hastens to Claim thy kiss." Wait 1 sighs ,the dusk down falling And veiling a glad, blushing face— "o'er the red blooming clover here cometh thy lover To claim thee in happy embrace." FOR OUR STORY -READERS. A PAIR OF ROGUES. A STIRRING ROMANCE OF NEW YORK IN OUR DAY. (Oopywrighted, 1889, by S. S. McClure) CHAPTER III. JACK ASKS A QUESTION. It was long after midnight, and the floor of the ball -room lase so crowded that dancing was more of a task than a pleasure, and to be shunned by alt the wise virgins who thought that new frocks de- manded a kinder fate than to be torn into ribbons by clun►sy parte ne.rs or reckless "dancing men." It was not, however, a distaste for a surfeit of waltzing which has caused the pretty young girl to whom Jack Houston is talking to sit out this particular dance snugly con. sealed behind a tropical looking arrangement of palms and ferus, which cunningly marks a quiet little nook in one corner. It is Mies Grace Nugent's first ball, and she has recited little of silk or lace as she has floated through each number of her programme with a succession of partners,good, bad and indifferent; she has danced in fact for pure love of dancing, and now, with the beet dancer in the room, the leader of half the germane during the past half dozen seasons at her side, she is Bitting idly plucking her bouquet to pieces. But then Jack Houston is more than a good dancer in her eyes; he is her old playmate- and friend, who has romped with her and bullied her, according to the pleas ant habits of school -boys, and has finally, as she well knows, fallen in love with her and is only waiting to declare that love in words. Miss. Nugent makes a pretty picture as she sits there beneath the palms. A more -girl iu years, her figure is thoroughly rounded and well developed, though the beautiful shoulders and bust which rivals her low•cut corsage in whiteness are healthily firth enough to avoid the tnenace of future embonpoint. Her face ie an attractive one, with liquid dark:eyes,a1nose full of character and decision, and a mouth a trifle large perhaps from the standpoint of classical beauty, yet tender iu its curves while its full red lips denote the presence of passion as well as determination. Her broad white brow is crowned with a wealth of dark silky hair ("such a nuisance 1" Miss Nugent is wont to rebelliously and ungartefully observe; "I never cab get a hat to fit me, and it's always coming down at the wrong time"), and this dusky -crowned head is sot ou a neck of suck per- fect form and grace of line, that, according to old Stafford, the painter, it forms her chief beauty. Jack Houston, who an hoar or two before was talking to his friend Proudfoot with fatuous audacity, as though iie had but to toss his hand- kerchief to this lovely young creature and she would tueekly 'hle etnaet ',, Pew + it4 #owoe- iug.,at hair Oe tongue-tied ..e sn 'U Ain 'WO* the Eiebee -mac er; finally plucking up, hie courage he ventured on an origiuel obae.rvation- "l,t's awfully hot, ibn't it, Mee Once?" . Now Miss Nugent, was noted, young as sho was, for the absolute honesty and downtigbt sincerity of her speech. ShP had a horror of small talk and truisms, and usgally cams to a point with a delightful frankness which oaused the young men of her acquaintance to declare that the "rich Mise Nogent was heaps of fun," while their sisters sighed over "poor Grace Nugent's naivette." On one occaeign, how- ever, she seemed ss embarrassed aa her compauion, aud,without raising her head, she answered shyly. "Yes; it ie, indeed, Mr. Houston."' "Mr. Houston ! You u -ed to, call me .Tack." "Did I 1 But then that was when we were children." "h only wish ice were children still," groaned poor Jack, in des- peration. "How nilly you aro, Ja-1 Prean. Mr. Houston. Why eu earth - should you wish we were children 9" "Because then you used to call me Jack," • "Well 1 can call you 'Jack' with- out our being 1 mean -1 mean— and her treatment of the unfortun- ate nfortunate bouquet became almost savage in her confusion. "Do you kuuw though what people would say if you were to call mo Jack 1" "Why," with a fine utfectatiou of woudernu+nt, "what would they say 1" "That—that we were engaged." "Of course I can't help people being foolish, Mr. Houston, so ae you say, perhaps it is better that I should not call you Jack at all." "Oh how you torment me so, Grace 1" said poor Jack 0 ben he found himself thus adroitly cornered "Don't you eee what I am trying to say—don't you know how I love you t" Miss Nugent stopped picking her flowers to pieces, and for a moment, which seemed a nionth at • least to Jack, she did not reply, then she said, so softly that none but a lover would have heard her "How can I know when you've never told mei" Insignificant as the answer was it: was enough ,for Jack. a "Oh, Grace, my darling." he buret out, "you must know that I. loge you with all my heart and soul. And you 1 Can't you love me just a little bit 1" Then the womanliness of Grace's • nature asserted itself. She looked np with th'e boldness of innocence, and with the brightness of her dark eyes deliciously softened, and said' kindly, as she placed her hand in his: "I love you a great Boal, Jack deer, and I think I always have ;" and for the next 'ten minutes the two sat there, perfectly contented, though not an intelligible word. was spoken. Then Jack was struck by a happy thoeght. "By Jove," said he, suppose, we, go and tell my aunt;" and together;. her arm laid lightly on hie, though - he alone was couscioua of the barely perceptible pressure which seemed to say; "I am )ours,' and I am so happy," the two lovers wandered through the crowed ball -room amid the shimmer of silk, the rustle of auzy skirts, the blur o trumpets and the sighs of violins, as, much alone as though they had been in a desert. Only a good-looking old lady who sat among the dowagers said to herself as she saw them approach: '"So he Has spoken at last. What a handsome couple they make!" The old lady Was Mrs. Van Der - veer, Jack's aunt, and one of the most popular women in New York She was in fact moreof a mother than an aunt to Houston, for his father, her only brother, bad started on business to the West a year after his marriage. and just before the poy was born, and had never re- turned. It was supposed that he had volunteered in one of the Western regiments during the war• which broke out a month or two after his departure, and had been killed in action, for not the slight- est trace of him could ever be diecovored. His wife had died in; giving birth to Jack, and the baby was thus left entirely to Mrs. Van. Derveer, who, childless and a wid• ow, lavished all her affections on him, and had it not been for the natural sweetness of his disposition would infallibly have spoilt him.• Only once could she be brought to, say that her darling was in the wrong, and that . was when he had insisted on settingup:for himself a bachelor establishment and studio in Washington square. Even in this she found extenuating circum- stances, for her own house ,was in the lower part of the avenne and he might, she said, have gone up near the park, or to some "horrid. place like Harlem," which to her was as. far out as another city. It was while he was an inmate of this. old fashioned house near Clinton place that Jack had first known Grace, who, a straggly gawky Bort of a girl.• 1