New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1900-01-22
COMMON LAW MARRIAGE.
WHY 1T SHOULD BE ABOLISHED IN THIS
STATE-REASoNS ADDUCED BY AS
sEMBLYNAN WEEKES.

A1fanV
,.,-,o1 lev marriage which has been introduced
n the Assembly by NIr Weekes, Of New-York has
attracted the attention not only or the legislators
2, Albany but also Of ali classes Of people through
out the state. This fact has been emphasized by
the many inquiries and letters which Mr.. Weekes
- 80 receiving since he introduced the meas
-. 4 hearing on the bill viii probably be given
- from tomorrow when its full purpose and
,o,e vii be explained before the Assembly Ju-
- Committee When asked to outline the
s-.ents which he will bring 10 bear on the
committee Nj weekes said to a Tribune CORE
spondent to-day:
7, the words OF an eminent English barrister. the
laws OF marriage celebration should embrace the
t e!IaTI ernbraces the maximum Of simpicjtv hut
bv no means the maximum of certainty. Indeed.
there Is no certainty whatever.
! boldly make the seem:ag pa-adoxicaI assertion
that bachelor may be a married man and mar
ried man may Be bachelor. without being aware
sary., except consent, the whole question as to
elected from witnesses who may may not be
IS found in the Domestc relations Law. Chapter
s Of the General Laws. 1t is therein provided
Mayors. Justices and other officials and also pro-
issuing Of marriage certificate and for the filing
OF the same in the clerks Office in the county
where the marriage is soemnized- But these pro
visions are not mandatory. and in spite of them,
marriage contracted simply by the verbal consent
70 make these provisions mandatory Neverthe-
In order not 10 depart TOO quickly therefore from
the maximum OF simplicity, II is provided in addi-
the parties. shall constitute legal marriage
COLONIAL SYSTEM CHANGED.
The colonial system Of marriage in this us county
required the ceremony to be performed by of1cia!s
This is substantially the law in practice in England
q New-York held that no formal solemnization OF
marriage was necessary, and that the consent OF
the parties without any form or ceremony was an
that was required to constitute valid marriage
courts. nevertheless became the law OF this state
and Is still the law to-day Thus the colonial mar
&C., ana license Of he Middle Ages Ours is
the Roman law. or Justinian. minus the element OF
parental consent. In Rome the bridegroom went
openly il the daytime to the house Of the brides
father and with his consent led her away to his
home. In the State OF New-York he may 60
consent or even the knowledge of her parents. and
ousIv and voluntarily agree 10 be husband and
wife they become such in law. marriage to-day
able The only evidence in many cases is hardly
more than the merest hearsay OF gossip 70
left in loose and uncertain condition in regard TO
The evidence OF its existence whereas other con-
tracts of a comparatively trifing nature are re-
ouired ~ the statute Of frauds be performed in
certain modes and TO be attended by prescribed
formalties is regarded as surprising Under color
Of secret common law marriages the qnscrupuIous
may enter into casual and vicious relations. may
marry and unmarry at pleasure Under the pro
as valid innocent women may be and are ruined lea,
nd he adventures operate
schemes Of matrimonial blackman.
HOW PRESENT LAW WORKS.
The present Law works both ways Often man
Is held TO have married a woman. where IN Iact no
But on the other hand 1t has been frequently held
that woman who supposed herself TO be legally
was adjudged by the trial court TO have been a
mistress. and not wife The case OF Badger vs.
for thirty-fve years had supposed herself TO be q
common law wife and yet II was adjudged by the
wife. She was lowered 10 dtshonor by the law
Indeed II is the exception in this State to-day
for a wealthy bachelor 10 die without having some
woman, alleged 10 be his widow, attend his funeral
an action 10 establish her right as ms common law
wife Her rights as the widow OF the deceased
gt+s 1900 nv rbe deceased and conveyed nv
him as an unmarried man TO innocent purchasers
IN the time OF the alleged marriage 1t is probably
ne O. " 100 criT15ai Il xIer no less thsn
three women claimed 70 be his widows All three
insisted on attending the funeral with all the out
ward signs Of grief and ,, subsequently brought
Il not infrequently happens that after man
has been legally married some adventures comes
this ground she threatens prosecution for bigamy
Realizing the uncertainty which he would encounter
with the adventuress and the possibility that with
per5ured testimony and by means OF her exhibition
Of grief her beauty and tears the jury might be
influenced II her favor and fearing the long I'm
ce-sfuI the victim would in ali probability pay
large OF money in order 10 avert calamity and
notOriety-
IN all European countries certain formalities must
be complied with. the marriage Is void In the
United States marriage license is required in all
the States with the exception Of Idaho N.WJersey,
w-York. South Carolina. South Dakota, New
Mexico and Alabama In Kentucky, unless certain
statutory formaIties compiled with the mar
rage IS absolutely void. The present state OF af-
fairs IS heartily condemned by all religious de-
noCain tons Furthermore IL is denounced by all
the standard writers law. After a careful
Ierusal OF nearly all the works on marriage
have been unable 10 find single word in favor
OF the common law system
TO STOP GAMBLING AT COUNTY FAIRS.