The Scranton tribune. [volume] (Scranton, Pa.) 1891-1910, 1898-01-06

1t was Judge Edwards field day,
yesterday. He rendered three import
ant, lengthy and very interesting opin-
ions I'm addition to passing upon a
number of minor matters.
one opinion decides that the failure
to take out marriage license does not
invaldate marriage although law
says no person shall be joined in mar
riage until a license is first granted.
In another opinion he refuses to strike
off the non-suit in the famous Felts-
Delaware, Lackawanna and Western
case, and in a third opinion he refuses
"A new trial in the case of Gavigan
against the Atlantic Refining COM
pany.
The opinion on the marriage license
matter was on the exceptions to the
report of the auditor in the estate of
Martha Biesecker deceased, and is as
follows
The testatrx died. leaving personal
property to the amount of about 500,
which she bequeathed to her four chill
dren. share and share alike. Her hus-
band, surviving her, elected to take his
statutory share against the will. The
auditor allowed his claim The except
error for the reason that there was no
valid marriage existing between Levi Bic
seeker and the decedent. 1t was admit
ted at the hearing and the auditor has so
found, that no marriage license was is
sued before the marriage was solemnzed
He also finds that the parties were mar
ried by minister of the Christian
church. in Lackawanna county. Pennsyl-
vania, in September 1894. His conclusions
nnpStiOp r
riage was valid and that the omission
to secure license required by the act of
June 23 1885 did not render the marriage
void. We are Of the opinion that the
auditor was correct and that the hus-
bands claim was properly allowed,
PROVISIONS OF ACT OF 1885.
The act of 1885, according to it's title
relates to marriage licenses and pro-
vdes for officers TO issue licenses for
parties to marry. Section / says that
NO person, within this commonwealth
shall be Joined in marriage until a IL
cense shall have been obtained for that
purpose" 1t then proceeds TO prescribe
the form of certificates, the method of
obtaining the license and of keeping the
records, the duties of parents and guar
dians and the penalties on officers and
ministers who fail to comply with the
regulation of the act. A penalty of one
hundred dollars is imposed OH the min
lister, justice or other officer who shall
solemnize marriage ceremony without
license having been first obtained by the
parties marrying. Nowhere in the act is
II stated that such marriage shall be
void 1t is true that according to the
1irst section no persons shall be Joined in
marriage without license, but this
phrase may refer to the act of the per-
son solemnizing the marriage as well as
n hal of
The expression is much too weak and
Insignificant to indicate a legislative in
tent to declare marriage invalid If
performed without "A license
statutes regulating the celebration of
marriages have been inyaria bly, construed
SO as to uphold the marriage relation
whenever possible. Bishop, in his work
ON Marriage and Divorce" Vol l. Sec,
IA, says: 1T has become established in
authority that marriage good at the
common law is good Notwithstanding the
existence OF any statute Oh the subject
unless the statute contains express words
OF nullity.' Justice Strong in the case of
Meister VS.. Moore, 96 L. s. &c. at the
conclusion of an elaborate opinion, SAYS:
IN the absence OF a positive statute de-
claflng that all marriages not estab-
lished in the manner therein prescribed
snail be void; any marriage regularly
made according TO the common law with
out observing the statutory regulations
is a valid marriage" Many authorities
might be cited which establish this same
principle, but we consider the question 80
well settled that further citation is nm
necessary.
VALIDITY OF MARRIAGE.
The exceptants make another point
touching the validity of this marriage
They claim that there was no legal proof
OF marriage before the auditor. that
the contract was not proven: that there
was no evidence of subsequent cohabita.
tlon nor OF reputation. 1t is shown in
the testimony that the minister who per-
formed the marriage ceremony was dead
the certiiicate of marriage was offered I'm
evidence, the signature of the minister
being proven, and two witnesses TESTIFY
who We're present at the wedding. This
Is prime facie proof OF valid marriage
The auditors conclusion on this question
is correct.
The exceptions to the report OF tho
auditor are overruled. The report 10
confirmed finally and distribution is or.
deTed In accordance herewith"
IN the Felts case the opinion il writ