The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1893-04-09

An Institution That Reflects on the Morals
of Society and Should he Abolished.
New York Recorder.
''Common-law wife" IL Q term which has
found it's way into print 90 often and so
c~onspicuously of late that people outside
of police and divorce courts are asking
each other just what Q "commOn-lsw" wife
is-what is her legal status and what are
her social olaimsf
1t Is not for me, q lsyman. to decide the
legal point. when every case concerning the
rights of o "common-law" wife that Is
brought into court involves the attorneys
for plaintiff and defendant and the Judge
in an almost hopeless muddle.
Under the law OF the State Of New
York q marriage ceremony Is not neces-
sary to make woman q wife; but an orig.
inal contract Is necessary. This contract
may be- only verbal; and right here the
trouble begins, when o man snd woman.
after having assumed the marriage rels-
tion under the common law, tire of each
other and seek to be separated. If thu
woman tires first and seeks to rid herself of
the man. the case generally ends there.
But II the man tires u seeks to rid him.
self of the woman the solution of the diff
Guilty 10 not 80 easy. The woman being do
pendent upon the man for support. natural
~ clings to every right the law allows her.
She brings the case into court, claiming
that there was An original contract. He
admits the Relationship. but denies the
original contract. The contract cannot be
produced In evidence. because it has been
verbal and without witnesses. The case
must, therefore. be decided on corrobora-
tive evidence in the form of acknowledge
ment of the woman by the man as his wife.
This may consist of intr0ductions to friends
or aoquaintances, the making out of her
bills. the permission 20 use his nam In her
dwelling place. or any other thing bearing
upon the point at issue.
All such evidence. however, is only cor
roDorative. for all of it would not make q
wife unless there was an original contract
to enter into the marriage relation.
There must ave been q definite agree
ment not merely to live together. but to
live together az man and wife. The dis
t~inction here is very fine. 1t 10 not enough
for the man to say. will you be minef"
and Tor the woman TO consent. but he must
say, "Will you be my wife7" or words to
tina effect. and she must answer that she
will be his wife.
AS near as / can make it out this is the
law. and q very absurd and evil law it is.
Marriage is not only an honorable, but q
sacred institution. 1t is the corner stone
of our socIal structure. and as such should
be guarded with the most jealous care. In
other words, If marriage Is worth going into
at ell. it should be Roneinto with every pre-
caution to preserve 1t. Some civil or re-
ligious form should be observed. it matters
not which. and public record should be
made of the fact.
All rIght-mInded people will unhesltat-
Ingly agree to this proposition. No man
who respects q woman would ask her to
become his wife in any other way. No
woman who respects herself would con-
sent to become q wife under other condi-
lions.
Why, then, should this common law
rs to marriages be allowed to exist Why
should it not be swept away "a speedily as
possiblef
As it stands now it is only an instru-
ment for levying of blackmail on weak
mon by unscrupulous women, or an aid for
designing and dissolute men TO crafty
their passions at the expense of contiding
women. 1t is the greatest promoter of Sc
ductlon, illegitimacy and ~blackmail in our
social economy.
But, even when there 10 no dispute as TO
the original contract. and NO disagreement
between the contracting parties after the
marriage relation hos been entered into,
the lot of the Law" wife is o pitt.
able one. She IS q legal suspect, and. whore
the circumstance of her marriage are
known. she Is a social outcast. The world
regards her not as the wife,. but as the mis-
trees of the man che calls her husband, and
80 true Is this that the term common law"
wife has become q synonym for mistress.
The philosophy that produces or even
countenances such o condition 10 both false
and prurient. 1t encourages immortality by
disregardiag the forms of morality. Ii
makes marriages a thing TO be put on or off
st will, so long az the interested parties
woman. IL dwarfs every noble instinct.
and tends TO drag humanity down to the
level OF the beasts Of the field. IL has no