The herald., 1897-08-15
GOOD MORALS
Judge Allen Decides Sea
Marriage Illegal
THE LAW is MANDATORY
THE RESULTS OF SUCH UNIONS
PLAINLY STATED
THE LAW is MANDATORY
Homer Norman Made to Occupy an
Anomalous Position-One OF
the Chinese Tong Cases

The back door to matrimonial felicity
has been closed and from now on along
the entire line of the Pacific coast, sea
marriages will be a a discount.
No better bit of judicial interpreta-
ton of law has been made for a long
time than that set forth by Judge Allen
Yesterday in his decision in the habeas
corpus proceedings of Janett Thomson,
the 15-year-old Duarte girl who eloped
with Homer Norman, and, as she and
her lover thought, were married at sea.
On several occasions The Herald has
sounded the note of warning against
these marriages, which even if they had
been technically legal and valid, are
mere evasion of the law, contrary to
public policy and good morals and ut
terly subversive of legal, not to mention
parental authority.
The only matter of wonderment Is that
a test case, has not been made ere this,
and in light of the numerous sea mar
riages that have taken place in Caltor-
mia, an explanation can be found only in
an amendment to- the law and the weak
ness of human nature. Previous TO 1873
a young couple going out on the high
sea to be married were, if they only knew
it, guilty of most farcical proceeding.
Under the law then existing consent,
followed by mutual assumption OF mar
ital rights, etc." sufficed to render legal
a contract marriage, and there was
therefore no necessity for any one leav-
ing dry land to get married. In 1870,
2 however, the legislature abolished the
contract marriage that had proved such
a scandal to the state. and from thence
forward a solemnization was made op-
+ ligatory. The sea marriages became
much less frequent, but with the opera
tion of the new divorce law an impetus
was given to this form of union that
promised a new industry to the small
seaportS.
SEA MARRIAGES UNCHALLENGED
However disgusted parents might be
at the action Of daughter in running
away and getting married CD at sea,
they were only too ready to guard the
foolish girls name from disgrace by
sanctionng the doubtful union Some,
indeed, were wise enough to insist upon
a solemniza tion, and in such case all is
WELL but to others the opinion of Judge
Allen will not be pleasant reading.
In the case Of the girl Janett Thomson
she was fortunate enough to have par
ents with a strong streak of Scottish
rgidity in their makeup. They had no
ambitious desire or designs for their
aHg aaaHHghSrf RfN0amHaao Rf0maoh hsE Is FHepGFsd 70 nave
said that if Homer Norman had been as
good a man as his father he would will
lingly have accepted him as son-in-law
and his being without means would have
cut no figure But not being regarded by
him as good in any sense of the word,
Mr.. Thomson refused to recognize NOR
man as the husband of his daughter and
challenged the validity Of the marriage
in order to save the girl from the future
misery that seemed bound to result
from her act of reckless disobedience.
THE WRIT SUED OUT
So the case stood when carried into
court. LIE Compte Davis. esq.,, had been
retained as counsel by Mr.. Thomson,
and Walter Haas, ESQ.,, represented the
young pair of lovers. All parties ap-
peared in court in obedience to the writ
of habeas corpus sued out by the father.
For an entire afternoon counsel argued
the pros and cons of the case and then
two days were granted to Mr.. Haas to
file his brief and one for Mr.. Davis TO
make answer. In the meantime A. M.
Stephens, esq.,, was joined with Mr.. Haas
as counsel and assisted in drafting the
brief that filled twenty-five typewriter
pages In it a mastery argument was
made in favor of valid as distinguished
from q legal marriage, and everything
that could be said was said in support of
the contention that on the high seas the
old common law must prevail in the alb
sence of any jurisdiction.
The brief filed by Mr.. Davis filled
thirty eight typewriter pages. He ap-
preached the examination of the ques-
ton from the standpoint of the Califor-
mia law, as exempified in the statutes
bearing upon marriage and the several
important cases involving the disputed
point which had been passed upon by
the supreme court. In rendering his
opinion Judge Allen followed in certain
particulars the trend of thought as pre-
sented by Mr. Davis brief.