Daily capital journal. (Salem, Oregon) 1903-1919, 1911-06-23
SAYI ARE YOU
LAWFULLY
MARRIED?

Much discussion and several per-
tinent questions have been inspired
by the new laws relating TO persons
authorized to sOlemnize marriage.
We are informed that a new interpre-
tation is placed upon the status OF
parties united in marriage by a per-
son who is unauthorized TO perform
such ceremony. Heretofore it has
been held that the parties we're le-
gally married but now II appears by
the new law that they are not legal
ly married and the person officiating
is personally liable for performing
the ceremony. The attempt in pass
ing the new law has been to guaran-
tee proof Of property rights and the
legitimacy Of children. That preach
ers may be guided in the matter of
registration, the attorney general has
been asked to give his opinion on
several points. His letters follow:
Rev. F. II. Todd,
Willamette University.
Salem, Oregon.
Dear Sir:-In compliance with
your oral request Of recent date. for
information respecting persons au-
thorized to solemnize marriages in
this state. l beg to say that chapter
PA, found at page 342. Laws of Ore
gon for 1911, amends sections of
Lords Oregon Laws, and section
3Ol9 OF said laws, as so amended,
provides:
Marriages may be solemnized BY
any minister or priest of any church
or congregation in the state any,
where within this state provided they
have recorded with the county clerk
in the county where the marriage is
solemnized satisfactory evidence of
their authority in a book by him
called Authority to Solemnize Mar
riage, for which he shall charge 10
cents per folio for recording and in
dexing. Said charge to be not less
than 20 cents. Marriages may also
be solemnized by any judicial officer
OF the state anywhere within his
Jurisdiction"
The statute also requires the per-
o solemnizing a marriage TO de-
liver to the county clerk of the
county where the marriage license
issues and the county where the
marriage is solemnized for record a
certificate provided for in the statute
and subjects the person failing to de-
liver such certificate to a penalty of
not less than SO, o more than $50.
You will notice the statute is some
what indefinite in the use of the
words church or congregation. that
is, whether they are to be taken in
the general sense of a denomination
or sect or in the limited sense of a
local organization. In my opinion,
however, in view of other laws in
reference to the solemnization of
marriages and the decisions of the
courts of other states. the term
church or congregation is used in
the broader sense, and one is a min
lster or a priest of a church or o n
.gregation if he is authorized by such
to preach, wen though he is not a
pastor of any particular church. AHy
one who has authority by the rules
Of the church to which he belongs to
perform marriage ceremonies is I'M
der the law competent to solemnize
marriages, providing such church
has an organization in this state.
You will notice, from the section
above quoted, that the minister or
person is required to have recorded
with the county clerk where the
marriage is solemnized satisfactory
evidence of his authority, said au-
to be approved by the county
clerk, etc. | presume the authority
would be the license issued to the
priest or minister by the church or
sanization if that is available, and if
not, any other evidence that is salts
to the particular county
that the minister or priest has
received such authority from the
church with he represents.
Very truly yours,
A. NJ. CRAWFORD,
Attorney General.
Rev. Z. H. Todd,
Vice President Willamette University,
Salem, Oregon.
Dear Sir:-Referring to our recent
conversation as to the manner of fur
satisfactory evidence to the
various county clerks of the author
.ty OF any minister or priest to SOL
emnize marriage ceremonies, and
it is necessary for such min
.ster to present his original certif-
cate to each county clerk, | would
call your attention to section 767 of