The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1906-05-29

! shall not attempt to give, today, a
summary of the marriage laws of Ha-
wall. They are very diverse in their
operation, affecting the Board of Health
and the probate courts as well as the
minister who performs the ceremony.
1t has been my purpose to call atten-
ton only to those specific sections of
the law which pertain to the ministry
that we might intelligently cooperate
with the laws requirements.
The sections of the Territorial law
law last in order that we may have be
fore US all the necessary requirements.
Section 2212 defines the persons to
whom license can be given as follows:
sit shall not be lawful for any min
lister of religion of any sect whatever,
or any other person, to perform the
marriage ceremony within this territory
without first obtaining from the Treas
urer license to celebrate marriage"
1t is a curiously worded law A min
lister of any sect or any other person -
who can secure license from the
Treasurer of the Territory can "per-
form the marriage ceremony The
only limitation placed upon the charac
ter or other qualifications of the per-
sons asking for this license is the
- will OF the Treasurer. Nothing is
said anywhere about any magistrate
that such loose condition of things is
capable of being very culpably misused.
A careless Treasurer could easily grant
such authority to people of thoroughly
bad character. The Territory is to be
upon the care taken by
its Treasurers in this matter.
In Section 302s there is the following
provision concerning false PRESERVATION:
''Any person who shall perform the
ceremony by falsely represent
ing himself to be authorized by law to
perform that ceremony, shall upon con-
viction be punished by imprisonment at
hard labor not exceeding five years and
by fine not exceeding one thousand
dollars.''
This clearly means that any one per-
forming the ceremony pretending to
have a license from the Treasurer is
subject to this punishment.
Section 2213 says:
"The marriage rite may be perform |
ID and solemnized by any person duly |
by law upon presentation to |
lin of license to marry as prescribed !
~ Section 2207; who may be at liberty |
o receive the price to be stipulated by !
he parties or the qualification rendered |
o him. -
This guards the minister from per-
corning a marriage ceremony without I
laving before him the permit to marry
he persons concerned. He must have
his permit as well as his own license.
Section 1164 specifies the next duty
f the minister:
'sIt shall be the duty of every per-
on legally authorized TO perform the
marriage ceremony, who shall at any
ime perform the marriage ceremony to
report each such marriage
0 the registrar of the district in which
uch marriage takes place, and state to
i'm the full names, the age, the resi-
ence, the nationality and the full name
f each of the parents of each of the
arties to such marriage.
This section is very we'll understood
nd it's provisions fully carried out by
le wise pastor.
Section 2214, however, makes obllga-
ory two duties which ministers some
mes overlook A minister must keep
is own home record as well as send a
mort to the Board of Health, and must