Anti-National Phases of the State Government [pp. 85-102]

ANTI-NATIONAL PEIASES OF STATE GOVERNMENT. 9I
absolute divorce was rendered in her favor in I874, and in the
following year she married one C. H. Murray. After the entry
of the judgment of divorce Baker also contracted a second marriage, marrying one Eunice Nelson within the State of New
York. He was then indicted in New York for bigamy; he
pleaded in defence that the divorce in Ohio having terminated
his first marriage, left him free to marry Eunice Nelson. It was
conceded that the judgment in Ohio was regularly obtained in
accordance with the laws of that State, and that it was unquestionably valid in Ohio; but, on the ground that the defendant
was domiciled and actually resident in New York, and did not
appear by attorney in the divorce suit, the Court of Appeals
held that the divorce was not binding on Baker or on the courts
of New York; the divorce was held valid as to the wife, Sallie
West, but a nullity as to the husband, Frank M. Baker; by virtue of it the wife became divorced from her husband, but the
husband did not become divorced from his wife; Frank M.
Baker continued to be the husband of Sallie West when he married Eunice Nelson,- and hence he was guilty of bigamy, and
was sentenced to the State Prison for five years, and there he
probably is to-day. The anomalies involved in this decision are
very striking. If Sallie West, now Mrs. Murray, should move
with her husband, Mr. C. H. Murray, to New York, she would
have two husbands here no, the subject demands the utmost
exactness of language she would have only one husband, but
two husbands would have her as their lawful wife. Mr. Baker
has never been deprived of her, altho Mr. Baker is to her no
relation, for she was divorced but he was not. Sallie, having
been legally divorced, had a right to marry Mr. Murray, was
legally married to him in Ohio, and the validity of Mr. Murray's
claim to her must be recognized even by the courts of New
York. Regard the matter now from Mr. Baker's standpoint:
Suppose that he had married Eunice Nelson in Rhode Island
instead of New York, and had gone to Ohio upon his wedding
tour; the courts of Rhode Island accept the Ohio divorce as
valid, and Eunice and her husband consequently set out on
their journey a legally married couple; in crossing the State of
New York Eunice ceases to hold any lawful relation to her hus
band, whose New York wife is Sallie West; and, on reaching