Salt Lake evening Democrat. [volume] (Salt Lake City, Utah) 1885-1887, 1885-09-19
A MARRIAGE LAW.


cerning marriages themselves. A mar
riage law has always been deemed one-of
the most essential laws OF any civil
lied country, as the institution OF
marriage itself is one OF the most
important things in all civilized
society. Here any and all are au-
thorized TO solemnize the marriage
cremony, and no doubt the consent OF the
parties and their announcement OF their
intention to live together as husband and
wife, would be valid marriage. But
should there not be some Legislative con-
troll OF so important thing as the mar
riage relation when the importance OF
the relation and its results are consid-
cred? The intimate association OF a man
and woman as husband and wife is an
important thing OF itself, but it is not SO
important as the children who are born
OF them And the fact that the relation
of husband and wife is entered
into for the purpose OF bringing
children into the world, and that
the rights OF those children before the
law depend upon the legality OF the
formation OF the marriage relation is the
primary and the strongest reason for the
enactment OF marriage law. Ii children
are innocently born into this world out
side of the legal relation OF marriage, the
law gives them no rights and the world
gives them no charity. The innocent are
made.to suffer for the wrongs OF the
guilty Such should not be the case. Can
such condition OF this be in anywise
amended in Utah? 1t can. There should
be enacted a stringent marriage law
requiring that all marriages should
be performed by civil magistrate
who should be required to keep a register
of marriages. Whether marriages should
be allowed without bans is question OF
minor Importance, and one to be con-
sidered when the details OF marriage
law are considered. 1t should be made a
crime for anyone to perform the marriage
ceremony who is not authorized by the
law. and the solemnization of marriage
as a religious rite should only be per.
mitted after the ceremony by the civil
magistrate and upon presentation OF
his certificate. In connection with
marriage law there should be a law re.
curing all births to be registered, with
the names OF the parents. Ii any child is
born whose father is not known, or ii the
mother knowing the father OF her child
refuses TO diyulge his name, such
child should be taken by the
State and reared and educated
as q State ward. The mother OF such
natural child should not be allowed
to lay any claim TO any property OF
which it might die seized nor te
any portion OF its earnings. The name
OF the mother OF 4 nultius fiiui
should also be placed upon a public
registry kept for that purpose. All these
records should be open to puplic inspec
ton the same as records OF deeds, etc
Whenever the father OF a nalllias .hliis il
discovered, no matter after what length
OF time, he should be punished Grim
inally, and the expense that the State
may have been at 10 maintain his chile
should be made a lien upon any PROPERTY
whether real or personal, that be ma,
have at the time OF the discovery OF hi:
paternity of such State ward, or an,
that he may acquire subsequently
to such discovery Ii such father should
be man without family, the law should
give to his natural child an interest in al
his property and should deprive the faith
er OF the power to divest himself by deed o.
devise OF his property unencumbered o.
his child's interest, unless such interes
shall have been satisfied and the evidenc,
placed upon record To say when tha
interest has been satisfied should be tht
J duty OF court OF chancery, whose carI
a wards interest peculiarly is.
1t is very doubtful whether the loca
Legislature will pass any such measures
as are contemplated above, as all tn,
members of that body, save one, are be
levers in the illegal polygamic system o
! marriage which obtains almost univer
sally throughout Utah. 1t is for the yer,
purpose OF doing away with that unlawfu
system and the evils consequent thereon
that marriage law should be enacted
r That system brings into the world man,
children who have no standing beior,
the law which is q wrong that should b,