Omaha daily bee., 1902-07-02
OLD LAWS.
Effective Means of Pr~eventinE Clan
destIne Unions. ID.
Portland

Portland oregonian.
A hundred years ago there was a statute
In full force in a number Of the original
New England colonies making a wide de-
gree of publicity prerequisite to marriage.
The hrst section OF the Rhode Island law,
which did not differ greatly from that In
some other colonies. required specific pub
location Of marriage Intentions. II made to
a civil oficer. It was his duty TO post a
written notice thereof in some public place
in the town "wherein the parties respec-
lively dwell:' IL to the minister. the bans
were to be published in church for three
consecutive Sundays This latter provi-
sion was a survival Of a good old
English custom. and might be revived
with profit, since its tendency Is to
place marriage upon a responsible,
dignihed basis. and recognize the In
terest OF society therein. Another point Of
some Importance In this old law was the
provision which required those who alleged
some impediment to the proposed marriage
to furnish their reason in writing to the
~oficers, and to give sureties to make the
objection good. thus guarding against merely
malicious prosecution. The whole intent
OF the law was to make marriage a respon-
sible, solemn and binding engagement.
OF course, a marriage made in the most
public manner may, and in point Of fact
often does, turn out unhappily. There can
be no legal guarantee against diversity OF
temperament or opinion, or against the
social and individual sins that wreck homes
and ill charitable institutions with worse
than orphaned children. But It can scarcely
be doubted that a law which prevents clan
destine marriages effectively, as this old
statute must have done disposes of some OF
the most conspicuous causes of divorces.
FnNN- Ia a --.NE Kill l.
the very general discussion Of the divorce
question. to consider whether or not an act
based upon the old law would be an ad-
vantage in these times. Mediums through
which matters OF interest are conveyed to
the public are different from those Of a
century ago; hence publication of intentions
In the newspapers, as other legal notices
are served, three weeks In advance OF the
date set for the marriage might
we'll take the place Of posting public notices
or crying bans from the pulpit. Society.
having largely to bear the consequences OF
hasty, ill-assorted, ineonsiderate marriages,
may we'll rise up in denial of the pompous
individual assertion Of the present day that
marriages concerns nobody except those who
enter into 1t. ut is our own business
say the bumptious youth and pert miss who
enter clandestinely or dehantly into mar
rage. And though the foolish and impu-
dent assumption is disproved in a few
years. when the young woman returns with
her children to her fathers home to be
cared for, or. failing in this retreat, seeks
the managers of baby homes or .children's
aid societies with a babe in her arms and
another ~clinging to her skirts, asking that
they take her children in, as "he has de-
serted her and she and her babes are home
less" the proof comes too late to protect
parents or society from the results Of ILL
advised, irresponsible marriage. In the
face Of this literally crying evil" legis-
lators would do we'll to consider seriously
an amendment to our marriage law provid-
ing that the intentions Of persons entering
matrimony be duly declared to the public.
with a challenge to anyone to present good
and sufficient reasons. properly avouched,
why the marriage may not or cannot law
fully take place.