The Wichita daily eagle. [volume] (Wichita, Kan.) 1890-1906, 1895-07-28
q but who was ambitious to wed the

q, but who was ambitious to wed the
darling of mis- heart.
1t remained for ex-Judge w. c. Webb
of Topeka to expose the fact tnat Kan
sas has 10 such law, ana tnat, TOT all
these years. probate judges have simp-
w been casting stones and thorns in
the path Of true love on the unwarrant-
ed ASSUMPTION that some such statute
existed. Judge Webb has given TO the
press an article upon the question, IN
which he says:
1T is generally supposed that the
laws Of Kansas fix the age or consent
for marriage. males a I the age or Il and
females at the age o. Is years put sucn
is not the fact. BY chapter o. or the
general statutes. an act relating TO mi
ncrs, the period of nlatr1mony IN males
extends to the age of Il years, and in
females the age OF IS years, out That act
in no wise affects or relates to the max
ing of marriage contract Cnapter
81 OF the general statutes. an act IN re-
lation 10 marriage, does not, III any
manner, directly or indirectly, prescribe
or even suggest any age whatever with
in which certain degrees OF cOnSanSuin
ity 10 intermarry, and it also declares
il an offense for any person to know
lngly issue a marriage Incense 10 per-
sons who are prohibited by law from
intermarrying The same act author
ICES the probate judge, When ne is IN
doubt about issuing marriage incense,
TO administer oaths and examine VIII
nesses respecting the legal right OF any
party to enter into the marriage rela-
tons, but its provisions do not extend
TO the question of age. Tne act re-
lating TO crimes and misdemeanors pro
hlbitS bigamouS marriages, ana then
excerpts several cases from the general
provision defining bigamy. one or
the excepted cases is where such for
mer marriage was contracted by such
persons while under the age OF legal
consent and with the next sentence IS
the age Of legal consent as intended
by this act, shall be- of males, IS years,
and of females, y years. Now this IS
the only clause to be found in the pres
ent statutes of Kansas which defines or
is supposed TO define the age or consent
to enter into the marriage contract
MANY persons will doubles be sur
prised at the foregoing statements L,
too, was surprised when some years
ago / had occa sion 10 look up the Ques-
ton now discussed and discovered that
there was no law fixing any age within
which woman was not at liberty 10
marry without the consent or parents
or guardian. I was confident that the
laws OF Kansas had not always been
deficient in that regard, and L proceed
torial days down, and found I was in
the right. In an act passed in Febru-
airy, 1859, standing as chapter 14O of the
compiled laws of 1862, section thereof
contains the following clause:
NO judge, justice of the peace,
clergyman, preacher of the gospel or
other person, shall join in marriage any
male under the age Of q, or female I'M
der the age Of is years, without the con
sent of their parents or guardians. UNI
der whose care and government such
minor may be-
said act Of 1859 was revised and
amended by the legislature in F'ebru-
airy, 1867, In such revision section of
the act of 1853 was wholly omitted. and
by section IA of the act Of 1889, in rela-
ton TO marriage was repealed. The
act of 1867 was incorporated into the
general statutes in 1868 without change,
and no enactment since has been made
defining or attempting to define the age
of consent of either male or female TO
enter into the marriaget contract. 1t
follows, that since the year of 1867 the
probate judge is not authorized by law
to take or hear testimony or evidence
respecting the age Of any person apply
ing for a marriage license, or in whose
behalf such license is applied for, unless
possibly to ascertain that the man is
over 10 years Of age, and that the wo--
man is over Il years of age"