Evening journal. [volume] (Wilmington, Del.) 1888-1932, 1913-01-24

BREAK uP THE sECREcY.

wAr % have read with interest the bill drawn by J.
w A. Ellison, secretary OF the Wilmington Boagd
Health relative 10 tho issuance OF marriage licenses
FAn this city It contains provision which, we
ahink makes its defeat in the Legislature certain
nat is that II takes from the local magistrates, who
gre fee and salary officers the right 20 issue mar
tage licenses those fees into the treasury OF
The local Board Of Health and makes absolutely no
provision reimburse the magistrates for the serious
mecunary loss they would suffer the bill to be-
rome law It follows. matter Of course. that the
magistrates and their friends will the bill in
the Legislature One magistrate has said that II
necessary he will fight IT Ia the courts and have de-
clared TO be unconstitutional.
Disregarding. for tho time being, money interests
involved in the bin proposed it must be admitted
that II contains, features that would assist in
doing away with much OF the scandal that surrounds
our present marriage laws. One is that no license
hereafter shall be issued to nonresdents OF the State
by the Clerk OF the Peace Of any county, or by
Justice OF the Peace other person unless both par
tics the proposed marriage shall appear in person
when the application for the issuance Of such license
is made. Under the law it stands today, neither
party TO a proposed marriage is compelled to appear
in person We fall TO see however, why the personal
appearance requirement should be restricted to
residents Why make It apply to all applicants as
has done for years in New York and other progress
sive States7
Another commendable feature Of the Ellison bill is
that every person issuing a marriage license shall
make public by posting the names Of the persons
toned in the license in a prominent place in the
Office occupied by him. That section is defective how
in that it fixes time limit for posting the names.
The person issuing the license might post them months
aorward and yet be within the law as IL is set forth
IN that bill. Neither is there anything which pre-
scribes the number OF days they shall remain posted.
They might be posted minute and torn down the
next without violating the provision as it is writ
ten Those things should be remedied and there also
should be time limit for the fling in central place.
Of information relative to the issuance OF license
Penal provisions sufficiently drastic compel obedi-
ence Of the law also should be incorporated in it,
The aim OF Mr. Ellison is TO keep the public fully
Informed with respect to the issuance Of marriage
licenses thereby breaking up TO that extent the dis
graceful secrecy that has clothed many marriages in
Delaware. We think the public will approve Of that
aim. There is. however another and more important
end to f. That is to strengthen the existing law SC
will compel preachers to make returns marriages
within forty-eight hours after they have been con
summated and also compel the oustodians OF such
returns keep them they may be inspected by any
one who desires TO do BY that means both ends
or the secrecy that has given rise much scanda
an the past viii DC d0H7 away with and those whS
desire to be welded secretly will keep away from Del
aware There already is law that directs preache
make marriage returns within specified time, bu
II is violated repeatedly and the offending preache
Is punished. The arrest and prosecution Of on
two OF these clerical law vioators will put EN-
to an abuse THAI has become State scandal
All these things may be accomplished indepen
IDENTIFY OF the controversy that Is sure to arise be
Mr.. Ellison and the magistrates relative TO tn
marriage fees. II the Legislature will break up Ia
secrecy they will break up the abuse that now
scandalizing our State apart from that which Arise
from the comparatively few OF persons unde
the legal age who here be married and who oil
both the license and the services Of preachs
by Misrepresentation other means must be foun
to deal with those few