New-York tribune., 1901-01-27
COMMON LAW MARRIAGES.
RENEWED EFFORT TO ABOLISH THEM
IN THIS STATE-WHAT ASSEMBLY
MAN WEEKES SAYS OF BILL.

Albany, Jan. % (speciaD.-The bill abolishing
common law marriage, by providing for a marriage
contract in writing signed by the parties and duly
acknowledged. which was introduced in the Assem-
bly, by Mr.. Weekes. of New-York, up for
final passage in the lower house Tuesday. 1t is
expected that the bill will extended discus
sion and opposition An objection to the
measure will be raised by those who contend that
If such a law is enacted, any courtesan can file
fraudulent contract and thereby claim marriage.
Mr.. WeeSeS says that this argument would seem
to imply that in making an important agreement
to prevent fraud. such contract should be verbal
and not in writing. He says the fallacy OF such an
argument is apparent Another objection Is that
such law would make 1t possible for a man to
have meretricious relations with a woman without
danger to himself, and consequently the law would
encourage such relations. In rebuttal Mr.. Weekes
says, in the first place. that a man can carry on
meretriciOus relations with woman under the
present law with absolute safety by simply obtain
Ing from her letter that marriage is contem-
plated. anG in the place the very fact that
to-day there Is always the possibility of woman
being able to substantiate a common law marriage
causes many woman to lead life of shame. in
hopes that later she may be able prove herself
a wife.
When the bill was debated in the Assembly last
year an objection was also made that the measure
would permit man to compel woman to marry
him at the point OF pistol and that all the woman
could then prove would be her word. whereas the
man could produce written contract. This does
not seem 10 De a Vdllu ODJecUOn TO the Dill. MT.
Weekes said to-day. for Section l743 of the Code
OF Civil Procedure expressly gives relief to a
to annul a marriage in case of duress
This bill. which was introduced last year by Mr..
Weekes. passed the Assembly by a vote 1O7 to 8,
was voted out Of the Senate Judiciary Committee
by vote of to 3 and failed Of passage in that
house because 1t was not reached on the calendar
in the final rush Of the session. In speaking of the
measure Mr.. Weekes to-day said:
a marriage at the present time in this State is
To be lV
Inc only evidence in many is hardly more
tract OF such infinite consequence social order
and the rights of property has been left in loose
of its existence. whereas other contracts of
If Of fr6 ds m mature are REQUIRED by the stat
ties. is to be regarded astounding. Under color
may enter into casual and vicious relations. may
aa6n ana an a at pleasure Under the pro-
as valid. innocent women may be and are ruined.
scnemes of matrimonial backmaiI.
The present law works both ways. Often man
Is held 70 have married a woman where. in fact no
marriage was ever contemplated by the parties.
woman who had supposed herself to be legally
married. and had brought up family of children
mistress. and not wife. In the of Badger
against Badger @s New-York 456) woman who
common law wife was finally adjudged by the trial
She was lured 10 dishonor by the law, which rec
ognlzes the validity OF a marriage that could not
Indeed. il is the exception in this State to-day
for wealthy bachelor 70 die without having some
neral in the deepest of mourning. and subsequently
common law wife. Her rights as the widow of the
deceased having been established, actions are then
estate owned by the deceased and conveyed by him
as an unmarried man to innocent purchasers in me
in the recollection of many that not long ago.
three women claimed to be his widows All three
insisted on attending the funeral with all the out
tions 10 establish their alleged rights:
been legally married some adventures comes for-
ward who claims a common law marriage on this
azing the uncertainty which he would encounter
in jury trial brought by her TO establish The
perjured testimony and by means Of her exhibitions
ne6ded G5 ge hf In Ber vor and fearing the long i'm
prisonment that would await him Were she sue
large sum OF money to avert calamity and scandal.
married man a bachelor without being aware of
except consent. the whole question as to whether
in fact there was marriage or not Is ieft TO traI
witnesses who may or may not be truthful @ The The
Relations law. Chapter IS OF the General Laws. II
is therein provided that marriage may be SOL
ofHciais, and also provides for the entry of the
in RS9 o % Sr 5 he o b ot m he
Office in the county where the marriage Is sol
datory, and in spite OF them marriage contracted
simply by the verbal consent OF the parties is stil
legal II is now proposed 10 make these provisions
mandatory. Nevertheless the step is too great TO
be taken all at In order not to depart too
quickly therefore, from the maximum OF simplicity,
It IS provided. in addition, that marriage con
acknoWedged FIGs wi Shall Constitute legal marriage
The colonial system Of marriage in this county T,T
and license to he obtained and a record kept. kept
ans h5 is togR BUT IN 1909 chanceor Kent CHIEF
Justice Of NewYork. held that no form of solemni-
zation of marriage necessary, and that the
consent OF the parties, without any form or cere-
riaUP
the American courts, nevertheless became the law
colonial marriage system destroyed and there
introduced into our law much or the ihse-
Ours is the Roman law. or Justnlan minus k,I me
element Of parental consent In Rome the pride.
the brides father. and with his consent led her
away 10 his own home. In the state or New \ ork
off, without the consent or even the knowIedge OF
her parents and H. in the course of the proceed
to be husband and wife. they become such In law
In all European countries certain forInailtles
the United States marriage license is requlred IN
all States except New-York, New-Jersey, South
Idaho In Kentucky unless certain statutory Tor
malities are complied with. the marriage Is abso-
lutely void The present state OF anairs Is hTaIy
it is denounced by all the sta4dard are VT ba
associations OF the State.
on Legislation of the Bar Association of the City
of New-York in a letter 10 Mr. Weekes In regard
the bin, says:
trust you may succeed in your effort 10 abolish
common law marriages. so called. which have been
a fruitful means OF promoting fraud ana fraudu-
lent claims and perjury in this State
HER ESCAPE FROM MASSACRE.
on Dpn yCNTAN