New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1900-03-14
COMMON LAW MARRIAGES
MR.. WEEKES'S BILL ABOLISHING THEM
PASSES THE ASSEMBLY BY
A BIG VOTE
Try TELEGRAPH To THE TRIBUNE. ]


FsSempiy this morning passed Assemblyman
Weekes's bill aboiishing common law marriages in
this State Only votes recorded in the neg
atlVe. An amendment was presented by Mr.. Fish,
OF Madison County. which he acknowledged was
submitted to kill the measure Mr. Fish is chair
man of the judiciary Committee. TO which the bill
was originally referred. The eight men who upheld
the hands of Mr. Fish in seeking to defeat the
bill were Assemblymen Rodenbeck, r. Gardner, c.
j. Gardner. Patton, S. F. Hyman, Holster Glea-
son and J. ]. Fitzgerald One hundred ard seven
teen members voted in the affirmative.
In defending the BILL Mr.. Weekes first explained
lis provisions He said:
This bill provides that marriage shall henceforth
be based upon a contract duly acknowledged and
to be written and signed by both parties, stating
ne PLACE of RESIDENCE of each and the date and
with the Town Clerk within six months after the
This measure does rot at all affect the existing
law relating to the soemnzation of marriage
the Regulations Of Hf Tesous society Put to
which either party belongs is valid if this
Of N ,b;s i is fact M Speaker pat the people
oe 81 bh wbe a s the most b solemn re-
OF the human race are utterly lax and imperative
AN IMPORTANT CONTRACT
That contract of such infinite consequence to
social order and the rights of property has been
Of compare lively trifling nature are required by
the statute of frauds to be attended by prescribed
cover Of secret common law marriages, which, ac-
cording to the present law require only the CON
into casual and vicious relations. may marry and
unmarry at pleasure. Under the protection of the
existing law tho adventures may and does operate
her schemes Of matrimonial blackmail.
The present law works both ways. Gentlemen. I
tel you. you do not know whether you are mar
b be or not II one Of you be weahy and On the
be that some adventures will appear shortly after
adduce perjured evidence of former connection
which in truth never existed, but which, because
n her fnnr hnr Nlo in
the jury. Here, then, Is an opportunity for black
mail which all OF us who are lawyers know 10 be
Another opportunity fer the schemes of the ad
bachelor. She win appear at the funeral in the
deepest of mourning and subsequently bring an
action TO establish her right as his common law
that a woman, who had long supposed herself to
e Be a mistress and rot Wife " he case Of
Badger agti Badger, IS y. Y, 49, was case where
welded wife for thirty-hvc years, but finally
were illegitmate.
PROPERTY RIGHTS.
The possession of property rights is also men
aced by the present law. A man may have bought
ana s9q i0r Of Th ad
may have always thought him to be unmarried
Claims to be his wife. and Who Claims dover
right from all these innocent purchasers Nine
by her tears and pleading
This bill vas originally drawn mp by myself.
lnittee I submitted it the Bar Association of
New-Ycrk City As It now stands amended byTthst
yers and jurists of this State.
Mr.. Fish made attack the bill because it
might permit TO make a marry
him at the point Of pistol All that the woman
could then show for what had been done would
be her word whereas the could produce the
written contract He then attacked the last section
Of the bill, which reads:
No marriage claimed to have been contracted on
or after January J. 1901. within this State. other
wise than in this article provided shall be valid
for any purpose whatever provided however. that
be invalid, nor shall the validity thereof be in any
way affected on account Of any want of authority
divisions 1, and of Section II of this article. if
consummated with a fun belief on the part Of the
were lawfully joined in marriage or on account of
any mistake in the date or place of marriage in
marriage solemnized under subdivision of said
section.
But this very section interrupted Mr.. Weekes
lis 20 protect the woman. 1t is to prevent fraud
1t is TO prevent man marrying by
ploying impostor. and then dsclaiming the
marriage on the ground that it Illegal
MR. FIsHs ATTACK
Mr. Fish still continued his attack and said that
the last section permitted people 10 be married by
inlpostors and by mock ceremony He added
sanctity. 80
III is not the law that is made binding" he con-
cludeQ, but the credulity of the woman"
s. f LYMAN, of New-York opposed the bill on
the ground that it made marriage less easy The
fewer barriers there were to this relationship he
Mr.. Phillips and Mr. Trainor spoke in favor of
established some safeguards 10 Society. where now
there were none. He, would favor even a more
preserve the integrity Of the home and the virtue
of woman.