Ladysmith news-budget. [volume] (Ladysmith, Rusk County, Wis.) 1907-1927, 1913-11-28
MARRIAGE

fore by dramatic incident occurring
in the east not long ago. According
to the reports Of this incident, the
marriage ceremony was under way
and had proceeded to the point
where the bride had been asked by
the clergyman officiating, do you
take this man to be your lawfully
welded husband?" Il do" she an
sWered. Just then the groom dropped
dead.
We need not here speculate as to
the cause of this sudden demise; but
legal question was raised. The
question asked is: Had she not be-
come the wife of the deceased and
| is she not entitled to widows share
| OF his estate. It may be that the
question will be placed before a court
Of law and it is, therefore, rather
| bold to hazard an opinion as to what
! the decision will be. Some of the
principles Of law controlling mar
riage, however, may cast some light
on the probable outcome of the con-
| trOversy, and give information as to
! the legal status of the marriage cere-
fnony, in general.
In the first place, marriage is an
agreement between the parties-a
contract. But it is something more
than a civil contract; that is, the
contract of marriage is. The con-
tract of marriage must be carefully
distinguished from a contract to mar
ry. which is an entirely different
thing.
The contract of marriage is with
in the power Of the state to regu-
late The state has an interest in
the marriage, and society feels that
it must lend it's sanction by means
of law before a marriage may be rec
ognized as valid. Therefore a mar
riage is something more than a civil
contract since it creates what the
law terms a new status in society.
1t follows that to De valid a mar
riage must be performed according to
the requirements Of law, and that
until the formalities prescribed by
| law have been completed there is no
marriage. The law of the state in
which the marriage is contracted is
the law which must be observed, and
if the parties are legally married by
iIl. fInN
ceremony took place they are legally
married in whatever state they may
go, generally speaking, even though
the other states have a different law
regulating marriage. The principal ex-
ceptiOn to this latter rule is where
persons leave the state in which they
reside and are married in another
state under it's different laws for the
express purpose Of evading the laws
of their own state, which would not
allow them to be married. In such
a case their own state may refuse
to recognize their marriage, should
they return to it.
specify who may marry 1t is re-
Quired that the parties be above
1 certain age Under the old common
| law this age was fourteen for males,
and twelve for females; but most of
our states have fixed a considerably
| higher age by statute. 1t follows from
No r11 nat ic ri
that parties to valid marriage must
be Of sound mind, else there could
not be the meeting of the minds
which is essential to every contract.
Certain physical alternatives have
long been recognized by law as in
capacitating a person for marriage.
Until recently, however, the law took
no effective means to enforce it's re-
quirements as to physical capability.
4 Now, what are known as eugenics
laws are beginning to come into ia
Vor among the states, and persons
who desire to marry are required to
secure a certificate Of physical fit
ness from a physician.
1t is usual for the state laws to
require that a license be secured
from a designated officer before a
ceremonial marriage can take place.
In most states the law simply re-
quires license, but does not state
that a marriage performed without
one is void. 1t is in only in the very
few states whose law specifically de-
clares a marriage without a license
to be void that it is absolutely es-
sontial, though it should always be
secured.
Statutes regulating marriage usual
ly specify the Officers who may sol
emniZe the contract Regularly or
dained clergymen, justices of the
peace and other magistrates are usu-
ally designated. Usually no particular
form OF words is specified, it being
sufficient that the words used show