The Anaconda standard. [volume] (Anaconda, Mont.) 1889-1970, 1897-12-09

marriages are held valid unless ex-
pressly declared unlawful or void by
statute. Hence, those persons who in
cur the penalty prescribed by section
Jag are legally married and are not
guilty of adultery. Neither are they
guilty of bigamy, for the reason that
decree of divorce rendered in this state
is, by section 131, made absolute and
the parties to that decree are restored
to the state of unmarried persons. 1t
follows, then, that even though section
146 be operative, persons violating tnat
section violate no criminal law, but
simply incur the penalty found in sec
ton 495 supra.
Section 146 is inimical to the best
interests of society. 1t strikes a blow
at the very safeguards of morality and
is vicious in it's effects and the legisia-
tive assembly recognized this evil ten
dency in repeating it. To me 1T seems
utterly ridiculous to say that persons
existing in a single state and VINO nave
arrived at the manageable age should
be forced to pay the penalty of impris-
onment because they should assume
that relation which is the very founda-
ton of good society and morality. As
expressed by Mr.. Bishop in his excel
lent treatise on Marriage and Divorce:
In divorce law we are to consider more
the interests of the public than of in
dividuals. And all punishment, for
whatever dereiiction, especially, there
fore, for a marital one, should be OF
a sort to benefit not prejudice. the
public So that a man who has been
unfaithful to one particular marriage,
if he is to be punished therefor beyond
having it dissolved, should be shut up,
not left at large under disabilities
goading his evil nature, after having
wronged one woman-to wrong as
many more as ne can seduce.
IF marriage is ever a protector of the
public virtue, it is especially such when
a bad man is held by the cords of
domestic affection from preying upon
the female part of the community
abroad. OF course, some argue that
liberty of marriage to the guilty after
divorce will induce those who are
weary of their marital connections to
commit offences for the hoped-for re-
lease, but experience shows that such
is not often the consequence; and no
high injustice is done If any innocent
person, bound to another who Will do
this is set free. All the feelings of hui
mainly, and all the dictates Of policy
suggest that the guilty parties ought
rot to be debarred from making amends
to social order by entering into matii-
mony To prevent marriage in such
case would be but to prolong the UNI
seemly spectacle of adultery, and to IN
fict bastardy on the innocent and help
less offspring.
From the foregoing / make the fol-
lowing deductions: First that section
JAG. supra. was repealed by house blll
No 142. Second, that If not repealed.
it is contrary to the best interests of
society to enforce it. Third, that even
though enforced. il would have no eff
feet whatever upon the validity of such
second marriages.
But suppose the law is operative
and should be enforced. what steps
could be taken? The statute provid-
inc he npn9Itv makes provision Tor
enforcing 1t and as the second mar
riage is not a crime recognized by the
law, it is Il serious question whether or
not the guilty parties could be pro-
ceeded against by indictment or 1nfor-
nation.
MY view is that the statute is, in
effect the same as if it provided that
in rendering a decree of divorce the
court should have the power to pro-
vide in the decree that neither party
thereto should marry any other person
within the prohibited period ana the
court should 50 decree.
A violation of that decree would
| then be only a contempt of court ana
| only punishable as such and only by
the court rendering the decree. There
fore, as the statute now stands. con-
ceding it TO be in force. ] think the
penalty there provided can be enforced
only by having the parties brought be-
fore the court rendering the decree up
on a charge of contempt. | do not
consider it the official duty of the coun-
ty attorney to bring these contempt
proceedings to the knowledge of the
court and especially 10 the notice OF
courts outside his county.
For the foregoing reasons / nave
heretofore declined and shall hereafter
decline to attempt to have enforced
the penalty once aimed at such second
marriages, and / advise you that II
| any person, not otherwise incompetent
to contract marriage. applies for a
marriage license, it is your duty to is
| sue it.
In conclusion / will say that if the
law authorized II. / would much pre-
fer to move against the old bachelors
for failure TO marry than against
| those who by the holy bonds of matri-
mony seek to strengthen the founda-
tons of society and the state