Evening star. [volume] (Washington, D.C.) 1854-1972, 1894-05-07
MARRIAGE LICENSES
,-'
Nearly Two-Thirds Are Not Re-
turned by the Clergymen.
NO PENALTY FOR this FAILURE,
Nor is the Time Limited for Their
Use.
WHAT CLERK YOUNG SAYS

The other day young woman rushed in
to the clerks Office at the city hall, and, ex-
planning to the clerk that she was a mar
ried woman, stated that she wished to OBJ
tain certificate Of her marriage. She had.
she said, been married here three years ago,
and the minister never having given her a
marriage certificate, she desired one from
the clerk Of the court, the minister having
since died. An examination Of the marriage
records in the office disclosed the fact that
on the date given by her a license for the
marriage Of her husband and herself had
been issued, but the records also disclosed
the fact that the officiating minister had
never made a return of the marriage to the
office. as required by law. So the young
woman was told that so far as the official
records showed she was legally an unmar-
ried woman. She was told, however, that
II her marriage had been witnessed, the tes-
timony Of those witnesses would be COM
petent evidence of the marriage The young
woman found no consolation in that, for the
reason that the marriage had not been wit
messed by any person now living. She
therefore left the office in tears, explaining
that she had been most anxious for the GER
tiicate for the reason that children had re-
suited from the marriage.
Nearly Two-Thirds Not Returned.
That little incident, and not by any means
an infrequent one, so the officials of the
clerks Office say. led Star reporter to
make an examination of the marriage rec
ords. for the purpose of ascertaining to
what extent ministers fail to make returns
Of marriages celebrated by them. He found
that from the 9th of September last to the
oath of last month 1.54S marriage licenses
were issued by the clerk of the court. In
but $50 Of them, however, had the officiat-
ing minister made the return required by
the law, leaving 962 marriages without the
der them a legal fact. The examination of
the records also disclosed the fact that min
listers of the Catholic Church seldom, If
ever, make a return to the Office OF mar
riages performed by them. An interesting
fact developed was that while the ministers
OF the colored churches, as a rule, certify to
oil marriages performed by them, the mar
rIages OF many prominent people have never
been certified to by the officiating ministers.
Law ON the Subject.
Prior to the 18th Of June. 1870 no return
of marriages was required by law. and un-
til then the records merely recited the
names Of the parties to whom the licenses
were issued. On that day. however. pursu-
ant to sections 7ls. no. 10. 721. I'D and 723
of the Revised Statutes relating to the Dis
trict OF Columbia. far different procedure
For the purpose Of preserving the evil
dence' of marriages in the District Of CO.
lumbia, every minister of the Gospel APP
pointed or ordained according to the rites
and ceremonies of his church. whether his
residence be in the District or elsewhere In
the United States, or its territories, may be
licensed TO celebrate marriages In the Dis
trict Of Columbia"
BY the provisions of this section 1t will
be observed that only ministers of the
gospel are authorized to perform marriages
here, no judge. justice of the peace, or
other official having that power conferred
upon him. although such officials do pos
sess that authority In many OF the states.
Section 40 declares that marriage licenses
shall be issued only by the clerk Of the
Supreme Court of the District of Columbia.
and the next section provides that the
licenses shall be in the following form:
The Marriage License.
To any Minister of the Gospel Authorized
to Celebrate Marriages in the District
of Columbia. Greeting: $685..
You are hereby licensed to solemnize the
rites of marriage between:..-....... of
no lawful impeachment thereto; and, having
so done. you are commanded to appear In
the clerks office Of the Supreme Court Of
said District, and certify the same.
Witness my hand and the seal. of said
court this............day OF ..''.'...::., 1873 :.
..'-............:" Cierk;
(Seal) By.................., Asst. Clerk.
1t will be observed that the license is an
excellent thing so far as it goes, but 1t
or the law authorizing it, is sadly de-
ficient, for the reason that the law fixes no
period in which the officiating minister
must return his certificate of the marriage
licensed. nor does the law provide any
penalty for a failure to return such certifi-
cation of the marriage. Hence, the failure
to fix a time limit and the absence of any
penalty practically nullifies the law. That
is. although ministers are commanded to
make returns to the court they cannot be
proceeded against II they omit or refuse to
so do.
The ClcrEyman's Return.
By the provisions of section 72l the clerk
Of the court Is required to provide a record
book at his Office, wherein Is recorded a
record Of ali licenses issued by him. These
record books contain blank forms similar
to the form of the licenses, with this ad-
ditional blank certificate, provided for by
section 100:
i. ................... minister of..............
Church In. ........ hereby certify
tenor as the foregoing. l soemnized the
marriage of the parties aforesaid on the
.................d day of................., 1S9 ,
at................... In the District of Co.
lumbia.
........................
Evidence of Marriage.
Section 723 is. perhaps. the most import
ant provision Of the law. 1t is to the eff
feet that a copy Of any license and certif-
cate recorded in the record book of the
under mis- hand and the seal of the court,
H. l.