Honolulu star-bulletin. [volume] (Honolulu [Oahu, Hawaii]) 1912-2010, 1913-09-26
CLAIMS PASTOR
IS YIOLATOR
OF STATUTES
(Continued lfom page onel

IL
being an ordained minister he needed
no special license to preside at wed.
ldings.
Nevertheless, he did violate q ter
ritorial law, even though entirely I'm
Willingly, and should he return to
1.-The islands, could be prosecuted. The
penalty is plainly specified. For him
lit could be either imprisonment ct
hard labor in Oahu penitentiary for
not more than five years or a fine Of
not more than 1000.
@But nowhere does the law say that
such marriage shall be not binding
on the contracting parties. They
have done all they can do to make II
| a legal affair, and If the minister
| fails in his duty, that. is not their
| fault and they cannot be held liable
neither does it make the ceremony
void.
I'm reality marriage is not a con-
tract, in the ordinary sense OF the
word, but status. Unlike contracts.
lit cannot be cancelled by mutual con-
sent Of the contracting parties. It
receives cognizance from the state Of
inception, and In sundering Il the par
ties interested must return to the
state, through the medium Of the
courts. for legal sanction When they
have fulfilled the laws requirements
concerning the marriage license they
may be married, and It Is not abso-
lutely for them to have the services
Of man licensed by the state to per-
form the ceremony.
ut Is certain they will have such
man in the great majority of cases,
however, for the law proposes to pun
fish anyone performing the ceremony
without his own proper license
George Hoon Leong. who was mar
ried by Dr.. Rrodie to Miss Edna Tom,
of Honolulu, at the Beretanfa street
mission September 8, accordingly was
assured this morning that he is really
"a husband and the girl Is really his
wife, and that there need be no repe-
tition of the ceremony.
Act AZ of the session laws Of 1907,
amending section 2207 of the revised
laws, says:
"In order to make valid the mar
rage contract, it shall be necessary
that the respective parties be not re-
lated to each other nearer than in
the fourth degree Of consanguinity;
that the male at the time Of contract
ing the marriage shall be at least sew
enteen years of age, and the female
at least fourteen years of age; that
the man shall not at the time have
any lawful wife living and that the
woman shall not at the time have any
lawful husband living; and it shall
in no case be lawful for any persons
to marry In this territory without a
license for that purpose duly obtained
from the agent duly appointed TO.
grant licenses to marry in the judicial
district in which the marriage is to
be celebrated"
This is all the law requires of the
prospective bride and bridegroom.
There is another section, which Gre.
ated the disturbance in the present
case, but the attorney generals Of
flee holds it does not effect the two
couples. 1t reads as follows:
Sec. 2212. License to Solemnize
II shall not be lawful for any minister.
of religion of any sect whatsoever, or
any other person, to perform the mar
rage ceremony within this territory,
without first obtaining from the
treasurer a license to celebrate mar
the Al
The DO
ined, VIII
Alfred n
Robert ....,,,,,,-,,-2,,,.,,,.