The Wichita daily eagle. [volume] (Wichita, Kan.) 1890-1906, 1895-07-16
DON'T OBEY THELAW
MANY MINISTERS CAREL ESS ABOUT
AVERY IMPORTANT MATTER
Judicial Ofhcers also Negligent Sometimes
Over One Hundred Marriages Not
Certified to and Trouble May Ensue-
Judge Myatt Wants to have the Law
Complied with but IL Appears there Is
erai Instances of Negligence In the Rec
ords OF the Probate Court of this County

No Penalty for q Failure To Do So-Sev-
erai Instances of Negligence In the Rec
ords OF the Probate Court of this County
Since Judge Myatt came into the Of
fee of probate judge he has discov-
cred that good many marriage licen-
ces have been issued for which no GER
| tificate OF the minister or officer per-
forming the marriage ceremony has
been returned.
Nearly a hundred such cases have
been found and the question has been
| raised whether such marriages are le-
gal.
A prominent attorney said last night
that the marriages were doubtless le-
gal in spite OF the mistake in case
they could be proven but that there
might come a time when they could not
be proven by living witnesses and when
| the records might be important.
Judge Myatt laughed and said that
the marriage Of prominent attorney
in this city had not been properly re-
corded and that since coming into
the office OF probate judge he had re-
corded the minister's certificate thus
completing the record.
When a marriage license Is issued II
Is given TO the party applying and on
the same sheet is a blank certificate
the marriage ceremony TO fill out and re
| turn to the probate court for record.
In this certificate the minister or off,
Ger certifies that he married the par
tines named and this recorded imme-
ties named and this is recorded imme-
completing the record.
1t is the custom now in the probate
court 10 record the license in a book
| of record when issued and then the
ministers certificate is recorded when
returned.
Instances were given where ministers
have married people and filled out the
certificate under the license and tore
IL off and gave il TO the newly married
couple and returned the license 10 the
probate judge.
In such cases unless the probate
judge takes the time to hunt up the
parties married there is no complete
record OF the marriage in the probate
court.
Judge Wyatt thinks II was the Gus
tom formerly 10 record the marriage Ii
cense and the certificate of marriage
all at the same time, the probate judge
leaving blank in the record in the
proper place and he thinks when that
custom prevailed that there were in
stances wherein neither the license nor
the marriage certificate have been filed
as there are a number of blanks on
some of the old records.
There are parties now living in Wich-
tia whose marriage licenses have never
been properly recorded because the
minister did not return his certificate.
When William Baldwin was probate
judge in 1872 he issued marriage IL
cense TO John Griffey and Alice Os-
born, and properly recorded the license
but the minister's certificate was never
returned.
John Griffey and Alice Osborn were
the first couple ever married in Derby
They lived there for a little time after
they We're married and moved 20 Texas.
The marriage was private and IL is
very doubtful if witness 10 il could
Def Ound in case Mr.. Griffey found IL
necessary to prove his marriage.
When William Little was probate judge
he issued a marriage license May q,
1874. to Ed Mahoney of Chicago, and
Lille Daniels Of Cowley county. Kan.
| The license was recorded but no GER
tificate was ever returned by minis
ter certifying that he had performed
the marriage.
On the page in the old record book
where this marriage license was re-
corded is an envelope from the insane
asylum at Topeka directed to the pro-
bate judge of Sedgwick county.
The boys in the office now surmise
| that some enquiry about the marriage
was made and that Judge Little laid
| that envelope over the certificate in
! order 10 remind him Of something.