Pierre weekly free press. (Pierre, S.D.) 1889-19??, 1916-07-06
LICENSE NOT NEEDED
IN DAKOTA MARRIAGE,
SAYS SUPREME COURT
Marriage Is Valid Without It
Justices Mccoy and Pol
ley Dissent.

Pierre. 8, d, June 30.-"We conclude
that license is not an essential to a
Vaild marriage in this state" is the
holding of Judge Whiting in An opin-,
Ion OF the supreme court in the case.
OF Alma Svendsen vs. Ingar NJ. Svend7
over the former, who was the common
law VIE of Nels F. Svendsen, recently
deceased, in Turner county. In consid-'
erlng this special case. the court also
considers h matter in general as to
the state laws OF this state, and Judges
mccoy and Policy file a dissenting
opinion, IN which they are Of the opin-'
Ion that our statute law in penalizing
parties entering the marriage state
without license makes void any such
marriages. :
The opinion of Judge Whiting re-
verses the findings Of the trial court,
which held he license was necessary to
make the marriage valid Judge Whiting
u In writing the opinion: ut must
be borne In mind hat marriage Is a.
natural relation resulting from the in
stincts instilled into. and which are u
part of. all normal beings. While this
relation rests upon q law ordained by
the Great Law Giver OF the universe
and, therefore, Is not one subject to alb
solute prohibition by man himself, yeti
1t is the ~nndoubted right Of organized
society to regulate. as we'll as to pro-
tect. such relations; but, because 1t Is,
a natural relation in no manner found,
ed on human laws. no statute should
be construed to annul or forbid 1t be-
cause not entered into in accordance
with certain prescribed forms or under
certain prescribed conditions, unless
the language thereof will not fairly ad-,
NIT OF other construction, ETC." No,
46, c. c., provides: Marriage must be
solemnized. authenticated and record,
an an ArnVJHnH In fhtn o~f{n1o hut rn~-.
compliance with Its provisions does not
invalidate any lawful marriage . -.
and from this Judge Whiting says in
the opinion: We conclude that IL,
cense Is not an essential to a valid
marriage in this state" !
AS the major portion Of the courts
opinion is that OF Judge Whiting, the
ruling In the case will stand that mar
riages may be valid without license in
this state.
The supreme court has sustained
the trial court of Meade county in the
case Of South Dakota VS.. Edwin South
mayd, who vas held guilty of killing
his wife in that county. Other opinions
by the court are:
Frances Hall, estate of Frank Hall,
VS.. Dakota Mutual Life Insurance COM
pany, appellant, affirmed, Codington
county.
Frances B. Dewey. appellant. VS.. Co.
ID " ". ndiiioau LaWTeHCe
, county trial court affirmed.
Fl. G. Quackenbush, estate of Antoine
Metzgar, VS.. Karl L. Graf, Hughes
county, Graf appellant; trial court af-
flrmed.
Frank j. Reid VS.. J. K. German ct al,
Hamlin county sheriff, and w. S. Mad
den and Arthur w. Lenth, appellants;
Hamlin county reversed.
Chas. A. Stockwell VS.. German Mutu-
al Insurance association Of LeMars,
Minnehaha county, insurance company
appellants; trial court affirmed.
B. A. Eckhart VS.. Johannes Heller ct
al n j. B. Gundert, appellant; Ed,
munds county affirmed.
Writ II. Allison VS.. c., st. P. & M.
Railroad company; Minnehaha county
affirmed.