Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1903-07-25
MARRIAGE IN tTALY.
The Complications Of Church and State
Make il ar From Simple.

AT present the laws of Italy concern
ing marriage are a curious mixture of
excellent and defective provisions. 1t
must be remembered that the national
parliament makes all the laws there,
so that they are uniform throughout
the country. When the modern gov
eminent was set up only thirty years
ago. there was a confused tumble of
institutions to deal with, based upon
the fragments of kingdoms and duke
dOms. with the old Roman law under
lying all, Of course as modified by the
papacy.
Among other intolerablc conditions
was the marriage custom. There was
10 recognized marriage except that per-
formed by priest in accordance With
the rites OF the church. The result was
clerical eXtOrtion to such an extent that
among the peasant classes, in the rural
districts especially, poor people mar
ried themselves, as was the custom in
Cuba under Spanish rule, and Tor the
same reason. One of the first things TO
do thea WAS to correct this evil, and
the new parliament went to the other
extreme, ana formulated a law under
which no marriage has any force, or
carries With it any right or obligations
whatever, except performed by Il civil
officer and in a manner strictly provid-
ed. Thus marriage according to the
rites and usaGes of the church was not
| only discredited but legally abolished.
So at the present time the marriage in
| church gives no right of dover, 80 in
heritancc. and no Legitimacy to chill
dren. In fact. so far as civil rights are
concerned. it is an empty form and
void.
This. however lid not settle the CUES
ton from the popular standpoint. Nat
urally the church retorted by declaring
the civil marriage q mockery, and this
hostile attitude has had great weight.
Many priests will perform the mar
rlaSe ceremony when there mas been no
| civil marriage, and useless social per-
! plcXities result. The children of such
unions have no right, and cannot in
hert the property OF their own faith
erS as next of kin. There are thou
sands in this condition in Italy today.
Now while the government provided
for civil marriage as the only ordi-
nance in force. it failed to provide for
its dissolution. Upon this point the
|
Once married, always married-as
ruIei 1t is true that for certain rea-
sons a marriage might be annulled, but
| these cases are rare Then, too for
consideration. a very wealthy person
knew how to secure divorce by in
! fuence With the pGpal authorities, but
the government had no legal way to
settle q martial trouble except by a
| legal separation which did not I'M
marry the couple, and therefore gave
/ 10 right to contract second matri-
monial union. This condition Of things
| has led to endless trouble and social
decentralization. 1t is this evil which
the government proposes to correct by
| the new bill for divorce which has now
become the vital issue for the Banar-
deli cabinet.
| The existing law, which provides for
| separation, but without the right to
either party to remarry, stipulates as
| sufficient cause martial infdelity, vol
untary abandonment, excuses. cruelty
threats and grave injury sentence to
| prison or other confinement for
period of twenty years or more, when
| such sentence was not prior to mar
riace. The new divorce bill is en-
titled For the Dissolution of Matri-
mony," and provides, first, that when
Separation" shall have been granted
for the reasons now legal and shah
have continued for one year where
there are not children, and three If
there be children. then are party who
secured the separation may demand an
absolute divorce. and become as free as
If the consort were dead. The new law
provides for alimony for the wife, and
stiplates that the rights of children to
their inheritance shall not be affected,