The Saint Paul globe. (St. Paul, Minn.) 1896-1905, 1899-11-28


Husband the W11tsOf Habeas Cor
pus Asked Fora Says, While Not
Passing ON the Wisdom of the
Marriage at Suchgan Age, Its Lee
sality Seems Sustained.
A decision of wide interest and i'm
portant effect was rendered by the su-
preme court yesterday in the case Of
what is Familiarity known in Minneapo-
lis as the Scott child-bride case" Chief
Justice Start, writing the decision for the
court, holds that a marriage of boy or
girl between the age at which the com
mon law would make him or her COM
petent, and that which the Minnesota
law provides, is not void, although voida-
bic by judicial decree at the petition of
the party under the Rge of consent Alex
Scott married Sadie Lowell, aged thir-
teen Her father took her back to the
parental home by force. Husband Scott
asked for a writ of habeas corpus, but
the Hennepin district court denied it, He
appealed to the supreme court; and now
he Is entitled to the possession of his
youthful bride. The syllabus of the de-
cision follows:
State "a { o eX rel. Alex. w. Scott, in behalf
Lowell and Phil r Megaarden, re-
spOndents
/ Section 4769 General Statutes 1894,
t tting to age of competency for con-
tracting marriage. construed and held:
Ihat the marriage Of a person who has
not reached the age of statutory COM
petency, but is competent by the COM
mon law, is not void, but voidable only
by judicial decree Of nullity at the
electlon OF the party under the age of
consent, to be exercised at any time be-
Tore reaching such age or afterwards
if the parties have not voluntarily CO.
habited after reaching such age.
T. Such marriage being voidable, it
is treated as valid for all civil PURPOSES
until so set aside
.. Marriage emancipates a minor child
from parental control Accordingly, it is
held that where a girl, only thirtcan
her father has no legal right to restrain
her from living with her husband if she
so elects Start G T
In the opinion accompanying, the court
further says:
The wisdom of the marriage or the
propr1ety of the REALTORS (Scotts) con-
duct is not our province to discuss or
characterize. Moralize as we may, the
fact remains that the parties were mar
r1ed; hence we are simply to inquire dis
passlonately as to the legal status of the
parties. Was this marriage void or void
able, and If the latter, did it emanci-
pate the wife from the custody of her
father?
''The common law established the age
OF consent to the marriage contract at
fourteen years for males and twelve for
females. The statute of this state fixed
the ages at eighteen for males and fif-
teen for females, but the statute does
not state that marriage otherwise con-
tracted shall be void Such being the
~ ha
person who has. not reached the age
of competency, as established by statute.
but is competent according to the COM
mon laWs' 'ispnot void, but Noidab ley only
by a judicial decree of the nullity at the
election of the party under the age of
Legal consent, to be exercised at any time
before reaching such age eor afterwards.
If the parties have not voluntarily CO.
habited as husband and wife after reach
Ing the age of consent.
Marriage being voida BILE, it must be
treated as valid for all civil purposes un-
til annGled by a judicial decree. :sz
THE question of the right of the father
to restrain her from going to the hus-
band must be determined upon the basis
that the marriage is valid
The marriage of minor, even without
the parents consent, emancipates the
child from the parents control, for the
marriage creates relations Inconsistent
with the subsection to control of the
parent, parental rights must yield to the
new status of the child 49,.
Our conclusion is that the respondent
is not legally entitled to detairl his
daughter4if she elects to return and live
with her husband.
Therefore, it is ordered that Sadie
Scott is freed from the restraint Of her
father, the respondent, and that he sur
render her to the relator if she elects to
live with him as her husband "a
According to Mrs SCOTS parents she
was fourteen years old yesterday but
Mrs. Scott, while allowing that her par
ertS have more data than She as to her
age, believes that she is some years Old
err. The first intimation he had that the
court had decided IN her husbands favor
was when a reporter called at the home.
of her aunt, Mrs. George Lowelf 354S
Chicago avenue Although she had re-
tired. for the night she lost no time in
learning the news.
Papa had me scared" she said, when
she had read the order of the court He
told me the court would decide in his
favor, and l didn't know what would be-
come of me- I'll go back to Alex tomor-
row..
Scott was likewise in the dark as to
the decision until informed by reporter
He, too, had gone TO bed, but when told
that a decision had been rendered he
made the carpet on the stairs spit sparks
liant than his wife, and mad some
thoughts of going to tell her the news.
He finally decided to wait until today.