Evening star. [volume] (Washington, D.C.) 1854-1972, 1885-07-18

compliance Herewith "a necessary 70 make q
vada, New Jersey, Rhode Island and Vermont
| q celebrauon il probably unnecessary, still
these sta'es should be put in the doubtful
outside OF his district was not void in New
Jersey; nor. thought the court, any other In
words of nuility. but later in that state in the
absence OF all proof Of marriage ceremony
to establish a marriage.
In Vermont there are two decisions directly
contradictory OF each other the one to the eli
ITO be deemed us Valid to every intant as though
made before the altar" the other where the
court could not so regard such marriage with.
out virtually repeating the statute"
UNCERTAINTY ON THE PACIFIC SLOPE
In an Oregon case the United states court
held that the laws of that state and California
requiring marriages to be celebrated by some
authorized person and in the presence OF not
less than two witnesses, were mandatory I'm
their character and without the observance of
these specified formalties II valid marriage could
not be created. But this was not considered
law for California; and 1t is doubtful IL it would
entity now provides for just such marriages: so
also in Dakota. where marriage is to be solemn
lied, authenticated ana recorded, as the code
prescribes, but noncompliance with its provi-
sions does not invalidate any lawful marri-
age"
Perhaps, too, in Kansas where 1t is enacted
either as q civil ceremony or as a religious
sacrament, "but the marriage relation Shall
as provided by law"
Likewise IL Louisiana, where the law recop-
nizes only such marriages as are contracted and
solemniZcd according to the rules which it pre-
scribes. Here, in 1876, ali private and religious
marriages previously con tracted were declared
valid II Il recorded within two years, and the
illegal merely rather than invalid.
Whatever construction may be given to the
exist as to the law in Iowa, the code of which
state expressly declares that "marriages SOL
emnized with the consent Of the parties in any
other manner than that prescribed are valid:'
but the partieS their aiders and abe ttors forfeit
certain sum to the school fund.
1. In ARKANSAS Colorado; Florida, Nebraska,
either no direct adjudication or no adjudication
AT all upon tho topic under consideration, and
they must necessarily: be cl:tssed as doubtful"
II l., unnecessary to enter into u detailed
statement Of the cases in the twelve states not
yet considered, nameiS, Alabama, Georgia,
Illinois, Michigan, Minnesota Mississippi. Mis-,
souri,. New Hampshire, Ohio, Pennsylvania,
South Carolina and Wisconsin, because in each
OF thesc the law is long and well established in
riage by consent without the observance of
the prescribed forms and ceremonies Their
decisions are OF the same tenor, corresponding,
Folgcr, given above.
SUMMARY.
The following list OF states prepared after
careful Investigation, shows in which of them
marriage celebration is neces sary. and in
Which not necessary, and those where the ques-
ton Is still In doubt: Alabama, not necessary:
ARKANSAS, doubtful probably not necessary:
California, not necessary; Colorado. doubtful:
Delaware, Doubtful tprobably necessary) Con-
not necessary; Illinois, 10, necessary; Indiana,
doubtful probably not necessary; Iowa not
l,cc Kansas; doubtful tproIabiy not
necessary; Kentucky, necessary; Louisiana
not necessary; Maine, doubtful probably neces-
sarE;l Maryland, necessary; MASSACHUSETTS,
not necessary; Mississippi, not necessary; Mis-,
Nevada, doubtful tprobably not necessary;
doubtful (probabiy not necessary; New York,
not necessary; North Carolina, necessary; Ohio,
not necessary; Oregon, doubtful probably not
Island. doubtful probably not necessary CSouth
Carolina, not necessary; Tennessee, necessary;
Texas, necessary: Vermont. doubtful probably
oouDtlui; " isconsin, not necessary; Dakota,
doubtful District OF Columbia, doubtful.
WHAT LAWYERS THINK
There Is diversity Of opinion among mem
hers of the ba: In reference to the decision OF
Judge Cox in the Peck case. One of the lawyers
remarked to STAR reporter "that whether the
oi'ihion Is In accord with the bulk OF authori-
ties or not it is step i'll the right direction for
even the marriage ceremony itselfis too lightly
treated now. and something should be done tn
make the union of two parties an impressive
one" "The fact is" said he, "thcre are author
tiles on each side the subject marriage being
regarded apparently in some states rs simply u
contract, and in other states a. more than a
contract-an institution. Maryland whence
we get our law takes the high ground that it is
more than Il tract that 1t i, an institution,
this view having been derived doubtle,siy from
the Catholic cnurch's regarding it as q rite or
sacrament. Say what you will, the more solem-
nifty about the rite the be tter Il will he. I see
the correctness OF the decision OF Judge Cox il
questioned, and the decision Of Justice Strong,
October, 1877, is referred to- but with ali re-
snect do not think that decision OF Justice
Strong settles the question. This was the case OF
Mister agt Moore from Michigan. and doubt
l"ss in that decision the court leaned to the
authorities and practise of that state.
l;au; s"; hsd that unless the local
complying with its provisions shall be deemed
void the Informal marriage m ust be pronounced
valid. The question rs TO whether marriages
without religious ceremony are valid has been
before the highest tribunals both here and in
England. In the case of Jewell lesser agt.
, Jeweil in as4$. reported in 1st Howard 21o,
divided, ana In the following year the English
house III lords was divided on the question
be better Tor society to follow the old Maryland
laws, even though some OF its requirement.;
have gone into disuse in the District
Another member of the bar claimed that the
bulk of authority was Oh the side Of informal
marriages. Take the provisions of the Marry
land law; 1t Is absolute as to many particulars.
IL
simply contract TO execute, us any other bust.
ness matter: While there Is such diversity OF
opinion religfonsly, what Is the necessity OF
compelling parties 10 do what they do not be-
lieve In? What Is the use of imposing on them
an Idle form: The large the states now
take the coinInons nse view Of the matter, and
the couples get along just as well without q
minister as with one.
WHY THEY STAY HOME.
A Talk with a Railroad Ticket Agent
Clerks Who Are Afraid to Leave
Town, DC.
~ guess I'd better not. No, I'd better stay
The speaker stood leaning on the counter in q
railroad "iice, tracing out with longing ewes
the crooked black lines on the many folded
and gaiiy colored railway map that led to little
black dashes, called mountains, in one direc
ton, and group OF nymphs in bathing suits
marking the seashore, in the other. His cheeks
were pale and hollow, and his right shoulde,
hmm incl