The sun. [volume] (New York [N.Y.]) 1833-1916, 1905-05-21
BUNCH OF VOID MARRIAGES.
LAST SIDE IN 4 TiNGkE or FOR-
GOI9EN AUSTRIAN Law.

Ar" L'hel! u hultlp.y Arc NlL NpIlHhs
A Who'll, lot of Ieoplo on the East Side
vino s,Ioposed until this week that they
were uappy, married couples have awaltel
y, the fact that they aren't married at all.
snd husbands who have grown tired Of the
ma,ri,nc NAL game are getting ready to
Nv the coop. Tho constant theme of gossip
aI.,n. Pitt street and Sheriff street and
Ridge rect is whether Jacob is going to
stav with Rachel. or whether Morris and
Rosi, are going to go before an American
Justice and begin all over again, In many
cases tho cards are shuflied for new al,
For it appears that many Austrian Jewish
married couples in New York are not mar
red by any law which prevails this side
Of the water.
Magistrate Barlow of the Essex Market
court and Rosey the Lawyer collaborated
In this discovery. Rosey was attorney for
Samuel Schlosser whose wife was suing
him for support. The Schlossers were
married in Austria five years ago by an
unregistered" rabbi Rosey put on the
stand Leon korybski. an Austrian meri-
can lawyer to prove that the marriage
was not legal. In his enthusiasm he an
pounced that Mr.. korybski was special at
tornay for the Austrian Consul. This led,
later. to reproaches and explanations be-
tween Mr. Korybsh and the Austrian Consul
General. and note to all the newspapers in
which Mr. korybsk discaimed the title of
wver-iI chief TO the Consulate.
On the stand Mr.. Korybeki read a section
Of the Austrian law. which says that a
marriage performed by an Unregistered"
Jewish rabbi is not legal. Mrs. Schlosser
Was asked if the rabbi who performed the
ceremony was registered. She was not
sure she remembered only that he was a
holv man, but she produced the certificate
It was in liddish. a language not recog-
njzed as legal in Austria, and it lacked the
seal of the empire. On the ground that a
marriage in this State is not legal unless
legal under the laws Of the country in which
IT was performed Mrs. Schlosser' case was
thrown out of court. Whether this would
hold in case the parties had held them
selves out as man and wife here from a
time antedat,ng our contract marriage law
NAV not be so certain.
The Peoples Law Firm" Of which Mrs.
Mary Grace Quackenbos is attorney.
harpens to he long on East Side abandon
ment suits just now. Many Of them are
AUSTRIAN anu whSh t'i' S'o1 'iNhhSo
Of freedom were passed up and down the
ghetto among the chatting husbands, Mrs.
Ouackenhos started to investigate Austrian
law The further she went into the situa-
ton the more tangled she found it, Here
Is the way matters stand
In every large Jewish community OF
Austria there Is rabbi authorized by law
to perform marriages. The great majority
Of rabbis, however, have not this authorize
ton Marriages by such rabbis may be
made legal by getting license from an
official equivalent to a County Clerk in the
United States. As q matter Of fact, few
Austrian Hebrews get such license. 1t is
said that about 30 per cent. Of the Jewish
ghetto marriages In Austria are illegal.
althou Oh recognized by the Jews as perfectly
proper and binding
The Austrian Government. recognizing
this situation. has very elastic laws and
customs regarding Jewish marriages In
the first place. any such marriage may be
made perfectly legal by getting license
later, even though twenty years may have
elapsed after the ceremony. Neither is
the consent Of both parties necessary for
such license. Either husband or wife
may get 1t. There is a case Of record on
Tic huSLIldu hN NHclc lile WIG
In such a marriage had great deal OF
property. She bound it over to her husband
They lived together for many years and
had several children. The husband died
inoestate before either had got license;
the children were. therefore, Legitimate,
and could not inherit from their father in
default Of will The courts nevertheless
decreed license to the living wife and the
dead husband. In other cases the father.
after the birth of each child, makes legal
declaration that it is his and is entitled to
. part in his estate.
In the abandonment suits on Mrs. Quack
enboss private calendar, the wronged wives
would have only to send to Austria for a
license were it not for another thread IN the
t.ngs man IN may Ssss not fsa a5rI egay IN
duty TO the Empire. He must have pre- !
scented himself three times before the regu- |
lar recruiting officers for examination, and,
If not disqualified, must have been enlisted. !
Many ghetto Jews in Austria marry young, |
before the period of military service. This |
explains why so few persons married by |
unregistered rabbis ever take out licenses.
great many Jewish immigrants come
b this country largely to eyade the hated !
military service If any of these should |
appended to their certificates they would |
prob ably find themselves up against it.
Those who lived here as husband and |
wife before the act of two years ago abolish
ing the com ron law ma RIA &c in New York
State are probably tight and fast in matri-
mony. The new act, which makes no mar
riage Legal short of an agreement registered
by notary. seems to rule out such un-
registered Austrian ghetto maria ges as
cannot ho sanctioned by license. |
The charitable and legel organizations
OF the East Side are all worked up on tie
subject and the Essay Market Rar Assoc
citation exrrcts n great rush of business.
How many couples OF the East Side ara in
this category no ono can say just now.
They must run up into the hundreds at
least.
a. this respect the laws Of Austria ere
far feAird even those Of Russia ard Tur-
key rid David Ilauhcm Of the Jewish
FducH'io7al Altar CO Yesterday. In Rus
STA ard Turkey marriage performed by
= regularly ordaincd rabbi is legal without
further fornalty. The Austrian law in
this roca-d ia relic Of the Middle Ages.
We i'terd Ia bring this matter to the at
tentior Of i0fucr tial Jews in Austria, ask
ing them TO DO what they car toward hav-
ing tnis law revised In Austria, custom
sNd rrf ciSe favo made il a dead letter.
This is new development which Austrian