The record-union., 1898-03-06
ARE CERTAIN MARRIAGES VOID?

A law of the State of California pro-
hibits parties divorced under the laws
of this State from contracting marriage
again within one year after the, grant of
the decree. To avoid, Or cheat this law,
divorced men and women with new
partners run over the line into the State
OF Nevada and are married there. AT
Reno, regular Gretna Green in these
days, the business of marrying these
people has become large. and lucrative,
and We learn that there is considerable
not competition among parties author
lied to perform the ceremony.
OF course this is scardaIous; of course
the best citizenship Of Reno abhors it.
But while it IS deplorable, the question
arises whether these marriages are
legal? We are prone 10 believe that they
are not only Illegal but are absolutely
void, and that children born Of such
unions are illegitimate, and that parties
living in such apparent marriage rela-
ton are actually living in, adultery.
A Well known lawyer being consulted
upon the subject gives his opinion to the
Record Union" as follows:
The Supreme Court of Oregon in a
recent decision held that a marriage by
a divorced person within the period al
lowed for an appeal fromsa decree of di-
vorce is void (McLennan VS.. McLen-
nan, % Pac. Rep. S02.) This decision is
based upon a statute which declares that
such MARI iage is void, and it was so
held, notwu uhstanding the fact that the
subsequent marriage was solemnized in
the State off Washington. The California
Legislature amended Section 81 of the
Civil Code in 1897, declaring a marriage
by divorced person void If consum-
mated within one year eafter the decree
IS made. The Supreme Court of the
state Of Washington in the matter of the
Estate of Smith go Pac. Rep, 1059) held
ander similar statute that there was
no marriage where the same had been
ccnsum mated within the period pro-
hioited. The same rule was affirmed by
The Supreme Court of Kansas in Will
hite VS.. Willhite (21 Pac. Rep, 173).
The courts construe these statutes as a
aimita ton upon the effect of a decree of
divorce, and hold that the disability of
the former marriage is not removed un-
I'll the expiration of the time prescribed
py tae statute. great many divorced
persons have gone to Oregon and Ne
vaGa from California and there have
contracted new marriages under the i'm
precision that the law of this State does
not affect such unions. Under the rule
in the Oregon case these. marriages are
illegal and void. The children of such
xx-fTf y.
property and other rights of the parties
growing out Of the marriage relation
Will be imperilled.
Ii this is not good law 1t ought to be-
1t Is uncommon good sense at least.
But we believe it is the law. The inten-
fion Of the Legislature was to put an ex-
plicit limitation upon the parties di-
vorc'sd as a prerequisite TO availment of
the benefits of the decree dissolving the
marriage bond. 1t was not the intention
merely to prohibit remarriage in Cali
for1ia alone of those obtaining DEGREES
in cur courts. Such intention as that
would have been childish, and valueless
TO society.
Those who flee to Nevada and Oregon
to avoid the prohibition OF the statute,
we do not believe escape its penalties.
They are not divorced in fact until the
expiration OF the year specified in the
law, and which as q part and parcel OF
The decree, is notice to and binding up
on the parties praying for the decree.
These accept it under the law of the
State and in common reason they should
be bound by it until the full time of
limitation has expired and the decree
has become fully effective.
test Of the soundness of the posi-
ton taken is found in considering the
duty of every person justified in licens-
ing or solemnizing the marriage. Thar
imposes the obligation TO know that the
parties presenting have the legal right
10 marry. The authority to license or
solemnize the marriage of one who has
been relieved Of prior marriage obIiga-
tons. must reside in the decree Of di-
vorce freeing the party. That decree
containing limitations and conditioned
under the law so that it becomes ef-
fecaye fully only upon the the expira-