HomeMy WebLinkAboutThe Huron News-Record, 1889-07-31, Page 2;he Norsk Motu* -noxi
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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