The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1901-08-16
Writes Letter tn Clerk Carr. of Clark
County. Clearly ExpIain-
ing the Law.
FEES LARGER THAN SALARY
COUNTY POPULATION 3i.s35; LIZ
CESsEs LAST YEAR 1,4s9.
Investigation of the Matrimonial De-
pot. where 'Squires Have
Become wealthy.

Immediately after receiving the report of
his deputy. Charles r. L~ockhart. concern
ing the way Jeffersonville's "Gretna Green
or marriage industry is being operated.
Attorney General Taylor sent a vigorous
letter yesterday to the prosecuting attor-
ney of Clark county. informing him of Mr..
Lockhart's discoveries and setting out the
provisions of the law relating to the man
ner in which marriage licenses may be Sc
cured legally and the penalties for obtain
ing them i'm any other manner. The letter
follows in full:
II send you herewith a copy OF a report
made by my deputy. Mr.. G. b. Lockhart,
respecting the wholesale marriage bust
ness conducted at Jeffersonville, and which
has been conducted there for several years,
as | am informed.
From the report 1T seems that last year
there were about 1,5O0 marriage licenses
Issued by the clerk of your county, and
that 80 per cent. of them were issued to
persons nonresidents of the county; that
justices OF the peace maintain elaborate
wedding parlors. to which strangers, land
ing az Jeffersonville from the ferry boats
running between your city and Louisville,
are attracted by signs, and that these are
open day and night, with runner and
agents continually on the outlook for
clipping couples.
This is not only a disgrace. but it is in
positive violation of the criminal laws of
Indiana.
Section 4 of the act of 1853 provides that
before any persons, except members of the
Society of Friends. shall be joined in mar
riage, they shall procure a license from the
clerk of the Circuit Court Of the county in
which the female resides.
Section , of that law prOVideS:
" Such license shall not be issued by the
clerk without the consent of the parent or
guardian, If there be any, IL the female be
within the age OF eighteen, or the male
within the age of twenty-one. When there
Is no parent or guardian resident within
the State. and the female has resided with
in the county where the license is sought
to b obtained for one month preceding
such application. the license may issue
These provisions are enforced by two
penal clauses Of the same law.
Section 2 makes Ii a misdemeanor for
the clerk to issue any license contrary to
the provisions of that act, and If he does
so ne shall forfeit to the State of Indiana
made the duty of the prosecuting attorneys
TO prosecute such cases; for which they
shall receive a docket fee OF so.
Section 10 makes il a misdemeanor for
any persons TO solemnize any marriage con-
trary to the provisions Of that act, and i'm
poses a fine not exceeding 500 for each
offense.
There were about five time as many
marriages sOlemniZed in your county last
year and the year before. as were solem-
nized in other counties of the State of like
population.
Every license issued to nonresidents of
the State is Illegal and the clerk who is
R0fE tI1 sfNiAAF eAAA AIA I'll " AAAAEN
who sOlemniZes the marriage is each liable
to prosecution for each case.
No license can be issued to nonresidents
Of the State.
- especially call your attention to the
following provisions of the law:
Il. The license must be issued only i'm
the county i'm which the female resides:
therefore, no marriage can be solemnized
where the female lives in a foreign State.
80. If the female be within the age of
eighteen, or the male within the age of
twenty-one. no license can be issued by
the clerk without the consent of the par
ent or guardian.
within the State then the female must nave
resided within the county where the license
is sought for thirty days preceding the
application therefor.
Il. The clerk is liable to a prosecution
for every offense and the magistrate or
minister who solemnizes the marriage is
likewise liable 20 prosecution for each Of
Tense.
From the report it would seem that
more than 1000 licenses TO marry were
issued i'm your county within this last
ever, and against the positive provisions
of the statute.
The clerk who issued these licenses
and the justice or minister who married
them ought to have known and certainly
did know that the licenses were issued and
the marriages solemnized in violation of
the law.
~ ask you to at once investigate these
charges. In the event they are found to
De true, your DUTY is plain.
MORE FEES THAN SALARY.
The investigation just completed by Dep
uty Attorney General Lockhart was
prompted by complaints which Attorney
General Taylor received several weeks ago
from Jacksonville. an account of which
was given in the Journal at the time. Mr..
Lockhart found that last year so per cent.
of the 1889 marriage licenses issued by
Clerk Carr. OF Clark county. were issued to
nonresidents. These licenses brought to the
clerk fees amounting TO over 1900, more
than the clerks salary, which is 81. 700 a
year. In addition to the legal fee of So. the
clerk charged nonresidents a dollar each
extra. which he is said TO have retained.
This extra fee is claimed To have amounted
Clerk Carr.
Mr.. Lockhart investigated the charge
that licenses have often been kept from
the public records until returns were made
upon them by officiating ministers or mag
istrates. which has been. in many instances.
months, and even years. after the license
was Issued. In explanation of this, Clerk
Carr said the practice In his office has been
TO record the ISSUANCE of licenses in a pri-
given out TO interested parties. and on the
5th of each month all licenses on which
returns have been made are entered on the
marriage license register. Mr.. Lockhart
says that the present clerk. Mr.. Carr has
stopped the practice of runners" or So
licitors making affidavit for the purpose of
obtaining a license IN a case OF doubtful
age.
The deputy attorney generals report in
cludes "A table giving interesting compari-
sons between the number of licenses Issued
in Clark and other counties OF about equal
population, also in counties having greater
population, thus showing the enormitv of
the license business i'm Clark county. The
table follows:
Licenses Is
county. reputation. sued in 1900.
Clark ..-...-....--..-..- S1,S5 1.4S9
Clay 342S5 100