Newark evening star and Newark advertiser. [volume] (Newark, N.J.) 1909-1916, 1913-07-07
ATTORNEY GENERAL
DECLARES QUAKER
WEDDING IS LEGAL
No Power in the Law to Prevent
Ceremonies Without Liz
CenSeS.
CASE OF LOCAL JUSTICE
BRINGS UP THE QUESTION
Decision Will Open Doors to
Runaway Marriages, 1t
Is Feared.

That there is nothing in the law to
prevent so-called quaker" marriages
is the gist of an opinion handed down
today by Attorney General Edmund
Wilson. The opinion reached the To-
cal authorities through Davis S.
South, State registrar of vital statis-
tics, who was asked some time ago
TO look into the question after local
justice of the peace had advertised
that he would accommodate any
couple desirous of being married
through this ceremony.
II is how feared that tn" city will
be overrun by so-called "Quakers"
who wish to be married without 60
ing to the trouble of getting out a
license 1t is feared also that it will
open the doors to runaway marriages
thing which the marriage law vas
principally designed to stop.
Common Law Marriages.
While he does not say so speclfical-
ly, Mr.. Wilson in his opinion seems to
hold thatthe so-called Quaker" mar
riages are nothing more. than common
law marriages, where both parties
simply agree that they are married
| Il the presence of witnesses.
He holds that in a real Quaker
marriage the ceremony is performed
by the society. In this instance q
| license must be procured otherwise
the society can be held for violating
the marriage law. Unless it is per-
formed by the Society of Friends, the
Quaker church title, there seems 10
be some doubt that it is really a
quaker marriage.
Some time ago. Richard F. Hopwood.
a justice of the peace with Offices in
Clinton street. was held to account
for so-called Quaker" marriage
which was performed in his Office, At
that tiy.e he insisted that he II ID
taken no part in the ceremony tl4at
the parties had married themselves
and that he simply acted in lne ca
pacity of a witness. 1t was later
found that the authorities had no
action against him. Now it seems
from Mr. Wilson's opinion that he re
CARDS such ceremonies as simply COM
mon law marriages which are valid
with or without a license.
Finds No Penalty.
II have examined the statute quite
carefully" Mr. Wilson says, "and
there is no penalty laid therein as
against any person, as you state It,,
inducing, aiding and abetting, either
by advertisement. use of his office or
acting as Witness to a marriage cere-
mony. The sole penalty, as I have
! indicated, can only he inflicted upon
the person or persons, or religious
society, etc. performing any marriage
ceremony"
He says further that it is not nee
essary for a witness to a common
before the ceremony whether or not
license has been taken out. The
| fact that no license has been taken
out, he holds, does not invalidate such
a marriage.
Concluding, he says: THE only per-
sons who are liable to a penalty are.
as | have stated such persons as
shall perform a marriage ceremony in
this State without first having had
] presented to them marriage license
issued in conformity with chapter 1893
of the laws of 1912. This likewise ap-
plies to religious society. institu-
tion or organization before whom a
marriage ceremony shall be per-
| formed"
Acting City Clerk Martin G. Bross
had no comment to make on the
opinion.