River Falls journal. [volume] (River Falls, Pierce County, Wis.) 1872-2019, 1914-04-02
POPULAR TALKS ON LAW
BY Walter K. Towers, A. B., j. D., Of the
Michigan Bar.
Marriage

curing 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 Of
ficiating, "Do you take this man
to be your lawfully welded hus-
band?" II do" she answered. Just
then the groom dropped dead.
We need not here speculate as
to the cause of this sudden de-
mise; but a legal question was
raised. The question asked is:
Had she not become the wife of
the deceased and is she not en-
titled to widows share of his
estate. 1t may be that the ques-
ton will be placed before 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 control
ling marriage, however, may cast
some light on the probable out
come of the controversy, and give
information as to the legal status
of the marriage ceremony in gen
eral.
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 care
fully distinguished from a con-
tract to marry, which is an entire
ly different thing.
The contract of marriage is
entirely within the power OF the
state to regulate. The state has
an interest in the marriage, and
society feels that it must lend its
sanction by means of law before a
marriage may be recognized as
valid. Therefore a marriage is
something more than civil con-
tract since it creates what the law
terms a new status in society.
It follows that to be valid a
marriage must be performed ac-
cording to the requirements OF
law, and that until the formalities
prescribed by law have been COM
pleted there is no marriage. The
law of the state in which the mar
riage is contracted is the law
which must be observed, and ii
the parties are legally married by
the law of the state in which the
ceremony took place they are le-
gally married in whatever state
they may go, generally speaking,
even though the other states have
different law regulating mar
riage. The principle exception to
this latter rule is where persons
leave the state in which they re-
side and are married in another
state under it's different laws for
the express purpose of evading
laws of their own state, which
would not allow them to be mar
ried. In such a case their own
state may refuse to recognize
their marriage should they return
to it.
The statutes of the state usually
specify who may marry. 1t is re-
CURED that the parties be above
a certain age. Under the old COM
mon law this age was fourteen for
males, and twelve for females; but
most Of our states have fixed a
considerably higher age by sta
tute. 1t follows from the fact that
marriage is contract that parties
to a 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 infirmatives
have long been recognized by law
as incapacitating person for
marriage. Until recently, however,
the law took no effective means
to enforce it's requirements as to
physical capability. Now, what
are known as eugenics laws are
beginning to come into favor
among the states, and persons who
desire to marry are required to
secure 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
ceremonial marriage can take
place. In most states the law sim
ply requires a license, but does
not state that a marriage perform
ed without one is void. It is only
in the very few states whose law
specifically declares a marriage
without license to be void that
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