[252] _Digest of Ark._ (1894), 680-83; _Rev. Stat._ (1838), 333. Incurable insanity appears as a ground in _Civil Code_, sec. 464, as amended in 1873; but it was dropped by _Acts_ (1895), 76.
By act of Congress,[253] certain general laws of Arkansas, including those of divorce, are extended to the Indian Territory; so the causes just enumerated are there in force.[254] Limited divorce does not exist in Oklahoma; but in that territory the district court may grant full dissolution of wedlock (1) when either person had a spouse living at the time of the marriage; (2) for abandonment during one year; (3) for adultery; (4) for impotency; (5) "when the wife at the time of the marriage was pregnant by another than her husband;" (6) for extreme cruelty; (7) for fraudulent contract; (8) for habitual drunkenness; (9) for gross neglect of duty; (10) for conviction and imprisonment in the penitentiary for a felony after marriage.[255]
[253] Act of May 2, 1890: _U. S. Stat. at Large_, XXVI, chap. 182, p. 81.
[254] _Ann. Stat. of Ind. Ter._ (1899), 324.
[255] WILSON, _Stat. of Okla._ (1903), II, 1119.
"Arizona, from 1871-77, in addition to six ample reasons for divorce, had an 'omnibus clause' in operation which is a marvelous piece of legislation." "Whereas," we are told, "in the developments of future events, cases may be presented before the courts falling substantially within the limits of the law, as hereinbefore stated, yet not within its terms, it is enacted, that whenever the judge who hears a cause for divorce deems the case to be within the reason of the law, within the general mischief the law is intended to remedy, or within what it may be presumed would have been provided against, by the legislature establishing the foregoing causes of divorce had it foreseen the specific case and found language to meet it without including cases not within the same reason, he shall grant the divorce." Well was this called, continues Richberg, "the 'seventh wonder' of Arizona's divorce code."[256]
[256] RICHBERG, "Incongruity of the Divorce Laws in the United States," _Publications of Mich. Pol. Sc. Association_, No. 4, p. 58.
For this act of Feb. 16, 1871, see _Comp. Laws of the Ter. of Ariz., 1864-71_ (1871), 303, 304. The other six causes referred to in the text are (1) impotency; (2) marriage of a female under fourteen without parental consent and not ratified by her after reaching that age; (3) adultery in either without collusion or subsequent voluntary cohabiting; (4) extreme cruelty, or habitual intemperance, wilful desertion for one year, or neglect to provide for the wife; (5) force or fraud; (6) conviction of either of felony after marriage. For the earlier law see the _Howell Code_, 232 ff.; and the amendments of 1865, in _Comp. Laws_ (1871), 297-303.