Elmore County Republican. [volume] (Mountain Home, Idaho) 1910-1915, 1913-10-25

most states the law simply requires
q license, but does not state that a
marriage performed without one Is
void. 1t Is only In the very few
states whose law specifically declares
a marriage without license to be
void that 1t is absolutely essential,
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 usuaA
ly designated. Usually no particular
form of words Is specified, it being
sufficient that the words used show
the entering into the status OF mar
riage at the time Of the ceremony.
In the usual form Of the ceremony the
affirmative answer by. each party to
the question as to whether the other
Ia taken as a lawfully welded spouse
is the evidence of the meeting of
the minds that concludes the contrac-
tural element. Later the presiding
official.--be he clergyman or magis-
trate-authorized by law Of the state
to perform marriages, declares the
parties man and wife, thus adding the
necessary consent Of the state and
completing the union. Then and not
until then the parties are married
Thus in the case first stated, where
the bride groom dropped dead during
the ceremony, it would seem that no
marriage had been concluded because
the ceremony was not completed pri. 1
to the party's death, and therefore
the woman was not married and coul
not assume the rights of his widow.
When the ceremony of marriage
has been properly concluded under the
statute, both parties having entered
into the agreement with serious in
tent, the marriage is complete and
the parties are man and wife, moth
ing further being necessary to COM
plete the relationship.
There Is another kind of marriage
which is of more ancient origin than
| the ceremonial marriage designated
by law, and which is still recognized
as valid in most of the states. This
| is what Is known as the common
law marriage" Unless some state
| law specifically requires it, mo- particu
| lar ceremony Is necessary to conclude
a valid marriage. All that Is neces
sary, where common law marriages
are recognized by law, Is an actua
agreement to enter into matrimon
| ial relation at the present time, made
by parties capable of marrying under
the law, and followed by their living
together in the relation Of man and
wife.
In unfolding common law mar
| rlage Texas Judge recently said
Marriage was not originated by
human law. When God created Eve
she was wife to Adam; they Their
and there occupied the status OF hus
band to wife and wife to husband
When God turned the first pair Out
of the garden, He gave the command
Multiply and replenish (people) tht
earth-which was enjoined upon the
expulsion from the garden. Whel
Noah was selected for salvation
from the flood, he and his wife ant
his three sons and their wives wer'
/ placed in the Ark; and, when tn
j flood waters had subsidized and tn
families came forth, 1t was Noah an
his wife and each son and wife, an
God repeated to them the command
!, Multiply All Of the duties and OF
legations that have existed at an
time between husband and wife e.
|, listed between those husbands an
} wives before civil government wa
: formed. The truth is that civil go'
8 eminent has grown out Of marriage
. marriage by cohabitation, not by col
l tract, which created homes, and pop
= lation, and society, from which go
( eminent became necessary to settl
differences In matters Of private int
!. est, to protect the weak and to con
, serve the moral forces OF society,
the support of religion and free go
4 eminent.