The Montgomery advertiser., 1902-11-20
"coMMoN' LAW MARRIAGES" !"
Reverse Way of Establishing These
 Matrimonial Alliances.


 An action for divorce brought by woman plaintiff against her alleged nus band is an odd way to establish mar riage. 1t would strike the mind or the average man and woman, too with whom is especially associated first a wedding ceremony" safd member of the District Bar to a star reporter today.
 While practictng law in New fork some years ago l had an opportunity 10 observe the practical operations of the principal way by which the so-called com mon law marriage was proved and estab- lished. The calendars of the courts were filled with these cases. They were begun by the alleged wife nling suit TOT al. two considerations being the principal reasons for the action.
 Of course in all suits for divorce the legal marriage of the parties must nrst the means of divorce proceedings to prove that a civil contract. or. in short . mere agreement of words, of marriage existed and adduced such testimony as she. could offer of other persons to substant'Ate tns existence of the contract. If she proved to the satisfaction of the court that such a contract existed by her own and cor roborativs evidence, even though no cere- rnony had been gone through with. the divorce would be granted and the mar ria.ge th1s established. If the case failed. as did a majority of the eases. for good iy proportion were blaokmail cases brought under the protection of the law, she would be fguratively. and to all In. tents and purposes. literally thrown oat
 ..The iaxity of the law in New York made the State. and especially New York city, the dumping ground fer these mere tricious actiona The Legis'aturs nas act reuuirinx e written contract signed by the parties and attssted by two Wit nesses as evidence of such a marria6c. Even this act as welcome as it must be to the bar and the people Of the Bmpre State, is not sufaoientiy restrictive. leav- ing the way still open to fraud, false sWearfnx, forgery and blackmail, though in much lessened degree.
 "One or two other States, notably Cali fornia, have also sought to do away with ture of California passed an act do'ne away with such marriages entirely, aa they had become a disgrace to the State Many of the suits there have. becsme the parties. It was q standing joke among the bar of that State that no wealthy man could de without having from one to i've alleged common law widows putting In . claim to the estSse 3,. true Indeed so many were these suits against the living and claims against the estates of the dead that wealthy men made direct avowals in their wills that they had never been married. 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 ceieere now impossible and will strongly tend to establish the sanc- tity of the marital bond.
 "As the common law in such States where it is recognized in this respect holds that the contract of marriage is a civil contract, q bona fde agreement of marriage is as binding, If established and proved, as any other 6ona fide agree ment It is upon this legal theory that these marriages were upheld in the States named. The legal responsibilities are so many and complicated. and the obliga- selves and society 50 great, that the strictest laws ought to be made and up- held in this, one of the most vital and important matters of human affairs"