Omaha daily bee., 1897-12-31
is A POSSIBILITY
New Code Of Iowa 0mits One Very Essen
tial Inhibition.
OF WIVES MAY BE INDUCED
IL n Man he Married to All mt One
and the Same Time He
fs Safe Under the
Law.

Can man be lawfully married to more
than one woman at tho same time? Justice
Ferrier says he can, and his views on the
considerable comment among the legal fra
ternity OF the city. There has been a gen.
eral scanning of the new code and as re-
suit good deal of doubt has been expressed
as to whether or not a man could be pros
ecuted in Iowa for polygamy, providing all
the wives were married at one and the same
tme number of different views are held.
Attorney J. j. Stewart says that he does
not believe man could be held criminally
liable for entering into a polygamous mar
riage IL the ceremony were performed under
the specifications laid down by Justice Fer
rier, but he is of the opinion that any court
would annul such a marriage as being con-
trary to public policy and the public morals.
w. s. Baird says the law does not cover
the point in question and that this is not the
only state in which there is the same legal
technicality He says 1t is fact, though not
generally known, that there are q dozen
states in which man could have a dozen
wives If he married them all at the same
time, and the law could not touch him.
l.. G. Scott does not believe that such a
marriage could under any circumstances be
valid. 81 do not think he said, that the
county clerk would issue more than one
marriage license to any one man. therefore
Ferrier is safe in his offer to solemnize these
polygamous marriages. The situation is pos
sible." Mr. Scott admitted that il the clerk
should issue plural number of licenses to
one man and a justice should perform the
ceremony that the individuals could not be
| punished under tha present law for bigamy
George H. Scott thought that the licenses
could be secured and the ceremony performed
! in Pottawattamie county. ANY single man
| or widower can secure a license and he is
single man or widower until he is married
He could ask for one certificate, pay his fec
| and then advance another fee for the second
certificate, and the questions in the appli
cation could still be answered satisfactorily
and another certificate secured, for the rea
son that the man is still single and legally
entitled to as many licenses as he cares tc
| call for. He could then have Ferrier per
form the ceremony and the thing would bt
done. l believe the marriage could be an
nulled.
H. o. Ouren says that although tn,
letter of the law is somewhat defective, thu
| spirit and intent must not be misconstrued
He believes that prosecution and punishment
for bigamy would follow one of these mar
/! riages.
Rev. r. w. Williams of the Reorganizet
Church Of Jesus Christ of Latter Day Saint
thinks that If the law is given the same in
depreciation by the courts as by the Council
Bluffs lawyers and the statute Is not changed
by the legislature, there will be a great in
fuX of Utah Mormons into Iowa.
Spencer Smith said he had heard Of thi
same discrepancy in other states.
j. J. Stewart says he thinks the experimen
will be tried. 1t will probably not be don
in this county for time at least, as G. G
Baird, deputy county clerk said positivel
last evening that there would not be NOR
than one license per man issued from tn
Pottawattamie clerks office until an orde
came from the courts.