Evening star., 1901-05-04
"COMMON LAW MARRIAGEs.v
Reverse Way of EstabIishfnr These
Matrimonial Alliancen

"An action for divorce brought by a
woman plaintiff against her alleged hus-
band is an odd way to establish a marri-
age. 1t would strike the mind of the ayera ee
| man. and woman, too. with whom Is es-
pecially associated first wedding cere-
| mony," said a member OF the District bar
to a Star reporter today
while practicing law in New York some
years ago 1 had an opportunity to observe
the practical operations of the principal
way by which the so-called common law
marriage was proved and established The
calenders of the courts were filled with
these cases They were begun by the al
legged wife filing suit for divorce alimony
and counsel fees, the last two considera- :
tions being the principal reasons for the
action
"Of course. in all suits for divorce the
| legal marriage of the parties must first
| be proved. The alleged wife would take
/ the means Of the divorce proceedings to
prove that a civil contract or. in short,
! a mere agreement of words of maria 90
! existed. and adduced such testimony as
| she could offer of other persons to SUBJ
| stantiate the existence of the contract
If she proved to the satisfaction Of the
| court that such contract existed by her
own and corroborative evidence, even
| though no ceremony had been gone
| through with, the divorce would be grant
| ed, and the marriage thus established. If
| the case failed, as did q majority Of the
| cases. for a goodly proportion were black
| mail cases brought under the protection Of
| the law, she would be figuratively, and to
all intents and purposes. literally thrown
| out Of court.
| THE laxity Of the law in New York
made the state. and especially New York
| city, the dumping ground for these mere
| tricious actions. The legislature has finally,
| after years OF agitation, passed an act
requiring. written contract signed by
| the parties and attested by two wit
| nesses. as evidence Of such a marriage.
| Even this act, as welcome as it must be
| TO the bar and the people of the empire
| state, Is not sufficiently restrictive leaving
| the way still open to fraud. false swearing.
forgery. and blackmail. though in much
! lessened degree.
| "One or two other states, notably Cali
fornia, have also sought to do away with
| the common law marriage. The legislature
| Of California passed an act doing away
| with such marriages entirely, as thew had
| become disgrace to the state. Many of
| the suits there have become celebrated bv
| reason of the prominence Of the parties.
| 1t was a standing joke among the bar of
| that state that no wealthy man could
| die without having from one to Ave al
legged common law widows putting in a
claim to the estate Of the deceased, and
| this was practically true. Indeed so MANY
| were these suits against the living, and
claims against the estates of the dead
| that wealthy men made direct ayowals in
their wills that they had never been mar
ried. or had been once or twice married.
as the case happened to be. giving the
dates OF the ceremonies and the names
| of their legal wives. This legislative act
| will make these causes celebre now Inn
possible. and will strongly tend to es-
! tablish the sanctity Of the marital bond.
LAS the common law in such states where
| 1t is recognized in this respect, holds that
| the contract Of marriage is a civil con-
tract, a. bona fide agreement of marriage
| Is as binding, IL established and proved.
as any other bona flde agreement. It Is
upon this legal theory that these marriages
were upheld in the states named. The
plicated, and the obligations the contra ct
| ing parties owe to themselves and society
so great. that the strictest laws ought to
be made and upheld in this. one of the
most vital and important matters of hu-
man affairs"
Della" said Mrs Wanterby who bad