Wheeling register. [volume] (Wheeling, W. Va.) 1878-1935, 1891-01-26
WHEELING W. VA, MONDAY MORNING. JANUARY 26 1891
WHAT MAKES A MARRIAGE?
Surrogate Ransom's Decision in the Uamil-
ton Case Il New Rule of Law.

NEW YORK, January 25.-Thc decision
of Surrogate Ransom practically make:
a new rule of law here. For, stripped o.
its legal verbia9e, the decision asserts
that when man and woman live in {
publicly acknowledged relation OF mar
and wife, as Joshua Mann and the WON
an who called herself Eva Hamilton did
then they must be regarded in law rs
having actually entered that relation.
This will make New York State to some
extent what Scotland is, where a public
aVOwal OF the relation OF man and wife
is regarded Of itself marriage contract
which has been conSummated, provided
the parties live together.
This is farther than any OF our courts
have gone before. The highest court
had held that marriage can be proved
by association, repute, introduction and
reception among neighbors alike. In
other words, that IL is not necessary to
show a marriage certificate or 10 prove Il
marriage by the evidence of those who
witnessed IL or performed it. But the
court has not held that such proof Is ao-
solute evidence Of marriage. 1t was all
the proof that was offered in Eva Mann's
contest of Hamilton's will, and the sur
rogate has declared that it is sufficient to
esta blish matrimonial relation between
Eva and Joshua, and that, therefore,
she was not competent 10 enter into Il
marriage with Hamilton.
1t is hard to see how this decision can
be altered. 1t was made precisely as
the verdict Of a jury is made. The sur
rogate, in giving his decision, gave IL
not as Judge OF law, but aS a jury, es-
tablishing fact, and the jury's finding OF
a Il fact cannot be overturned by
higher court, excepting on the ground
of fraud or newly discovered evidence.
The result of this decision may be
very far-reaching, and while it is un-
doubtedly just and is supported by pub
lie sentiment, it may give rise to COM
plicatiOnS hereafter of the utmost i'm
portance, both as to the standing of
families ana as to the distribution of
property. fit should prove Salutary
warning to impetuouS and needless
young persons so that they would be
restrained from covering up immorali-
ties by pretending TO be man and vile,
of course the result would be OF benefit.
But there are Il good many cases oc-
curing where men who have once had
relations OF this unconventional sort
with women have subsequently married,
become good citizens and brought up
happy families.
If il is to be the law that public an
by hotel registry or by in
PRODUCTION Of the relation OF man and
wife when no legal marriage has taken
place is sufficient to constitute two per-
sons man and wife, then what is to be-
come Of those families in case the first
woman asserts her marriage?
Within month two cases OF this sort
have occurred in the State. One was
that of wealthy brewer, and the other
that OF a retired merchant in Brooklyn,
and no year passes without a rev
elation of this sort. If il is 10 be
held permanent law what Surro-
gate Ransom yesterday decided in
the Hamilton case, then there is
danger that innocent women who sup
posed themselves legal wives and the
mothers of legitimate children may have
a horrible awakening. On the other
hand, the tendency of our courts has al
ways been to protect an honest woman
who has been persuaded into entering
into the relations Of man and wife on
the assertion of the man that public
declaration that they are man and wife
is sufficient. Some OF our lawyers are
inclined to 90 to legislature. so that by
clear statutory provisions this compli-
Gated matter may be permanently eS-
tabliShcd.