Omaha daily bee., 1902-03-21
LAW ON MARRIAGE RELATION
Supreme Court Rulss on . Question Lung in
Dispute.
STATE REVENUE FROM OIL INSPECTION
LineOln Excise Bosrd Fakes Up PIan
20 Double the Liquor License Tax
-Bank Statements Are
Called For.
From a star Correspondent,

! LINCOLN, March 70.-(speciai.)-I the
case of the University OF Michigan against
Mcouckin, which was appealed from Doug
las county. the supreme court has ruled
on q question Of Law that has long been in
dispute. II is the question what consti-
tutes the marriage relation. Commissions
Kirkpatrick In an opinion approved by the
court declares that the marriage relation
is only in a limited. qualified sense contrac-
tual. He declares II Is a social status for
the assumption Of which by persons Of the
requisite legal capacity, all that is essen
tial is their free consent. He says further
that the consent requisite to the creation
Of the marriage relation need not be ex-
pressed in any especial manner nor by any
prescribed form Of words, but may be suf-
~hciently evidenced by any clear and I'M
ambiguous language or conduct.
The evidence In this case was to the eff
feet that McGuckin and his nrst wife, and
bis wife's first husband, had some differ
ences which led to an appeal to the court.
While the divorce cases were pending the
woman went to the McGuckin home as a
housekeeper and agreed to marry McGuckin
as soon as the legal obstacle was swept
away by the granting Of the divorce. After
the way was made clear, however, the
promise was never carried out, at least
no marriage was ever performed.
The question Of law was thus brought I'D In
q controversy over the settlement Of an es-
tate.
Courts Discussion of the Point.
In discussing the matter the court says
that 1t Is true that In the beginning their
cohabitation was meretFicious, but that
after the obstacles to a legal marriage were
removed by the divorce DEGREES they con-
tinued to live together for years, enjoyed
the repute that appertains to the relation
and had FIVE children born to them. A
lawful marriage could have its inception
only In a promise to marry after the legal
obstacles could be removed, was the con-
tention OF the attorneys for the mortgage.
The court says, however, that an express
promise or agreement is not in all cases
indispensable. In law marriage is consid-
cred a civil contract, with the consent OF
the parties the essential element. The
statute expressly sets forth what is a mar
riage, and It is intended to negative the
idea OF ecclesiastical sacrament or that in
the eyes Of the law 1t is controlled by
mandates or dogmas or Is subject to the
observance Of rituals or regulations Of any
particular church or sect.
Consent, says the court, need not be ex-
pressed in any certain form. There was
SUFFICIENT evidence in this case to show that
after the divorce they assumed the status
Of husband and wife, and the proof of their
conduct was In itself proof Of their consent.
The ultimate fact Of the marriage is not
by any formal promise, but that they mu-
tually consented to the social relation.
At one time, after living together for a
number Of years. the pair separated, the
woman going to Council Bluffs. It was dur
ing the period OF her absence hat the
mortgage was executed, the university bsing
unaware Of the woman's claims. This does
not avail 1t, however.
q RevenUe from. InspectIns OII..
During his ten months term Of once
Ed r. sizer paid into the state treasury
$~6,63S.16 as the net revenue from the in
spection Of oils. He assumed the duties
Of chief inspector on May /, 1900, and re-
tired March 1. The total receipts Of the
department during the period thus covered
were sic, 467. so, and the disbursements
90 oaL a.