The Barre daily times. (Barre, Vt.) 1897-1959, 1912-01-29
MARRIAGE LAW
STIRS CANADA
Measure Said to Be Due to Ne
Temere Decree
BEFORE PARllAME EN- 7
Constitutional Questionable Right of
Dominion to Legislate Disputed
Referred to the
Courts.

Montreal, Jan. 29.-The feeling excit-
Ell throughout Canada by the promulga-
ton of the famous papal decree, ne
tcmere, found vent last week in pro-
Commons that the federal authority pre-
scribe regulations respecting marriages
throughout the Dominion. Canadian poll
iticians fight. shy of religious eontro-
vcrsy, and Premier Borden took leaf
out of old Sir John A. Macdonald's book
when he proposed that action be de-
ferred until the courts decided as to the
respective powers of proyinciah and fed
eral parliaments in this matter.
Under the British North America act
the provinces make laws respecting the
solemnization Of marriage. The power
OF the Dominion parliament to legislate
respecting marriage is also claimed UNI
der the act It being argued that mar
riage is one thing and the solemnization
of it another, or at least only part of
whole. The right of the Dominion
parliament to grant divorces is not dis
puted. Divorce bills are put through at
every session.
While Premier Borden wanted to de-
lay action on the proposal which was
made in the form of bill introduced By
Mr.. Lancaster, Sir Wilfrid Laurier was
for disposing of the matter there and
then. He was opposed to the Lancas-
ter bill, and he argued also that there
was a case already before the courts
which could serve as a test. He re-
ferred to the Hebert case, now passing
from court to court in the province
OF Quebec, and destined ultimately to
the London privy council.
The ne temere decree, which has
stirred so much controversy both in
Britain and Canada, is reminder to
Catholics of the rule adopted by the
council of Trent respecting mixed mar
riages. Opponents of the church argue
that to prescribe rules as to marriages
il to encroach on the domain of the
civil power. 1t is argued that Do
minion law should define the conditions
under which man and woman should
be held to be man and wife. Uniform
ity throughout the country is advocat-
ed
In the Province of Quebec there is
no civil marriage and no absolute d.
vorce. All marriages must be performed
by minister of recognized religion,
and he must be of the religion of one
of the parties. Difficulties have arisen
from time to time, owing to disputes !
az to the church one or other of the |
couple belongs, and when these difficult |
ties have arisen some time subsequent |
to the marriage innocent persons often |
suffer Whether the Lancaster bill, If |
adopted, would improve the situation |
ia a question to which various answers |
are given. We seem to be entering /
another of those unfortunate controver-
sizes which tend to keep two classes of |
our people apart. A calm study of the |
problem would in all likelihood lead to
a satisfactory solution, but ealmness can
hardly be hoped for.
The mighty Henri Bourassa. in his
capacity of dictator of Quebec, has Civ
IN his approval to Sir Wilfrid Laurier, /
TO whose downfall he contributed last
September. He has condemned his friend |
Borden on this De temere question:
The logical thing would be for Messrs.
hOHks ItlIelltf anu NdHIeI TO resign
rom the Borden cabinet. But do not
,ount on that. Henri is dear, but office
IS dearer. Henri was very usefu during
The election campaign, but if he thinks
The compatriots he helped into the cab
net will step out to please him, he is
100 simple.
The latest story is that the ne temere
iecree is to be withdrawn, so far as
t applies to Canada. 1t is said steps
AVE been taken the success Of which
vii remove the question of the validity
# mixed marriages from the field of
PRACTICAL consideration in this country
1t is said decree will be issued by
he pope withdrawing the decree from
'peration in Canada-as was done in the
ase of Germany before the judicial COM
nittee of the privy council has passed
lpon the constitutionality of the Lam
4