The times dispatch. [volume] (Richmond, Va.) 1903-1914, 1904-10-19

can be held valid here unless shown to
! have been under license and sclemni2ed
l under statute" Section 32l9 OF tlic Code
| provides chat when n minister OF any
religious denomination shall. before the
| court OF any county or corporation ~ tits
state. produce proof OF his ordination,
| and OF his being IN regular communion
| with the religious society OF which he is
| reputed A member, and give bond IN the
penalty OF $500, s,,cl, court may make an
order authorizing him to celebrate the
rites OF marriage
1t Is further provided In section 22a
"that the court of any county which
deems 1t exrcdient may arr6int one or
more persons resident In such county TO
celebrate the rites OF marriage within
the same. or n particular district there
or and upon any person so appointed Elv.
ing such bond as Is required OF an or
dnincd minister, may make q like order
authorizing him to celebrate the rites OF
marriage IN such county or district MS
the case may be- Any order made under
this or the preceding section may be
rcscinded at any future term" It will be
observed, ms MIR. Pollard In his article
points out, that the law treats marriage
simply MS civil contract. 1t is not in
law religious ceremony, although thcre
is nothing IN law to. prevent q minister
OF tile gospel from using religious. SER
vice In performing the ceremony.
1t will further he observed I hat the law
makes no distinction whatever between
a minister Of tho gospel, authorized and
licensed to perform tho marriage cerc-
.lnony, aud any other person 50 authorized
and nconsed. Each Is put under a bond
of $500 to discharge the duties Of his Of
fico and It Is provided thntsthe court may
resclnd the order of the appointment i'll.
either case.
Whether or not a minister OF the gos-
pei thus appointed by the court and
licensed and put under bond becomes in,
the ordinary sense nm officer OF the
court, is question about which lawyers;
seem TO differ. Mr.. Pollard takes the
ground that he does become an officer.of
the Acourt, Just as any other person so
designated, licensed and bonded and may
be compelled by the court to discharge
the duties or his office, IL office 1t be-.
Holding That position, Mr.. Pollard fur,
nher contends that 1t would be an
anomaly in the law IL an officer We're
allowed to refuse to perform an official
function when the person applying for
its exercise had in all respects compiled
With the law; that If a minister has a
right to refuse to perform the ceremony
because 10 do so would be to violate
his conscience or. to break the rules Of
the same right. unless the minister's
rights or conscience are more sacred than
the rights of any other citizen. If the
minister may refuse to marry persons
legally manageable" he asks, would
II not be equally consistent for the clerk
of the court. for the same reason to re-
fuse to issue the marriage license?"
II man and woman mutually agree
eligible in law to do so they have the
right TO apply for and obtain license
TO marry, and having obtained the license
it appears to a laynan that the law
must provide for them the means OF be-
ing lawfully joined together In wedlock.
1t Is true, as we have shown, that
"the court of any county" may desis-
nate some person other than minister
Of the gospel to perform this function,
but the question under discussion Is
whether or not the court may not com
pei minister of the gospel who has been
licensed and bonded to unite
in wedlock couple licensed TO marry.
One thing is sure. If such a minister OF
the gospel does refuse. the court may,
under the provision Of section 229o Of the
Code rescind the order of the appoint
ment and revoke the license.