The Richmond palladium and sun-telegram. [volume] (Richmond, Ind.) 1907-1939, 1911-07-26

States.
Remember the name-Doan's-and
take no other.
the subject or has other reason to be-
lieve that license should not issue.
In many cases it is pointed out, the
county clerk, when criticised for hav-
ing issued licence to an clipping cou-
pie from another county, merely an.
swers that the girl said she was a res
ident of the county, and that he took
her word for it.
Application for License.
Section 1868 of the statutes tells
what shall be contained in the appli-
cation for the marriage license. Both
the male and the female applicant are
required to give all the information
specified in this section. The section
reads as follows:
THAT no license to marry shall be
issued except upon written and veri-
fed application. Such application
shall contain a statement of the full
christian and surname, color. birth
place, occupation, residence and ages,
of the parties. whether the marriage
contemplated is the first, second or
other marriage, together with the full
christian surnames, residence, color
occupation and birthplace Of their par
ents, including the maiden name of the
mother, together with such other facts
as may be necessary to determine
whether any legal impeachment to the
proposed marriage exists. Such appli-
cation shall be recorded by the clerk
in book provided for that purpose.
which book shall be a public record"
This section does not require the
affidavit to be made by the applicants,
It merely requires a written and veri-
He'd application. The next section says
thaE the state board of health shall
provide uniform form of application
to be useH throughout the state. The
board prepared the form soon after
the passage Of the law. 1t contains a
line for the signature of the appli-
cant, and at .he bottom of the sheet
there is form Of affidavit to be signed
caused much trouble. If the applicant
held that this AFFIDAVIT to the truth of
the statements made in the applica-
ton may be made by a third person
instead of by the applicant for the
license.
Can Punish a Violation.
This feature of the law, also, has
caused much trouble If theapplicant
were required to make the affidavit
and it should be discovered that he
had made false statements he could
be punished for violation of the law.
But under the present system appli-
cants for license sometimes pick up
unknown loafers in the streets and
hire them to swear to the truth of the
statements made in the application.
If any question is raised as to the le-
gality of such application, the county
clerk generally takes refuge behind
the plea that he had no reason to
doubt that the entire transaction was
legal.
But a careful and conscientious
county clerk has ever faculty for Civ.
ing the marriage laws their full intent,
and he is in position to prevent many
illegal marriages if he wishes to do
SO. Section 1866 says that whenever it
is not made to appear that the par
ties have right to license the clerk
shall certify the matter to the circuit
court, which shall. without expense to
the applicants, proceed to hear the
case at the earliest convenient time
and determine whether a license shall
issue. But seldom. if ever is this Sec
ton Of the statute brought into action
by the county clerk
Persons who violate any provision
of the marriage laws are liable to pun
ishment. Section 1868 says: Whose
ever procures the issuance of license
to marry by any false statement, rep
or pretense shall be fined
in any sum not exceeding $500"
Under this section an applicant
who induces or hires third person
to make a false affidavit as to the
truth of statements made in an appli-
cation for a marriage license could
be prosecuted and fined. the same as
If he had made the false affidavit him.
self
Section $3.50 fixes the penalty for a
clerk who violates the law 1t says:
Every clerk of a circuit court who
shall issue any license contrary to the
provisions of this act shall be fined
in any sum not less than SIS nor more
than S1o0."
In the csse of Jones VS.. Layman.
1913 Ind. 2s7. the supreme court held
ii TO be presumed that the parties are
to contract a marriage I'M
til the contrary is shown. A marriage
entered into in good faith without a
license or solemnized is held to be
valid by the supreme court in Teter
VS.. Teter, 1O1 Ind. 1o9. But where the
parties violate the law under pretense
of complying with it they are liable to
prosecution for the violation.