Forest City press. (Forest City, Potter County, D.T. [S.D.]) 1883-19??, 1916-07-05
LICENSE NOT NEEDED
IN DAKOTA MARRIAGE,
SAYS SUPREME COURT
Marriage Is Valid Without II
Justices Mccoy and Pol
ley Dissent.

Pierre. S. ID. June 30.-"We conclude
that license is not an essential TO u
Vaid marriage in this state is tht
noioing OF Judge Whiting IN an opin'
ION or the supreme cour in the casY
OF Alma Svendsen VS.. lngar NJ. SNendi
sen ct al. being a case in controversy
over the former, who was the common
law wife Of Nels F. Svendsen. recently
deceased. in Turner county. In considS
erlng his special case, the court also
considers the 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 opini
parties entering the marriage state
without license makes void any sucb
marriages.
The opinion of Judge Whiting re-
verses he findings Of the trial court,
which held the license was necessary to
make the marriage valid. Judge Whiting
Jays, in writing the opinion: 1T must
be borne in mind that marriage - a
natural relation resulting from the in-
Stincts instilled into, and which are y
part Of, all normal beings. While his
relation rests upon a law ordained by
The Great Law Giver Of the universe
ma, therefore. 10 not n subject to ABB
yolute prohibition by man himself. yet
It Is the %undoubted right of organized
y00SsS " ASoAAoSOp 00 oo y "a
Iect, such relations: but. because 1t Is
; natural relation in NJ n found.
"a on human laws, no statute should
pc construed to annul or forbid It be-
cause not entered into in accordance
With certain prescribed forms or under
certain prescribed conditions, unless
.he language thereof will not fairly adj.
nit OF other construction. etc" No.
Is. c. c., provides: Marriage must be
tolemnised. authenticated and record.
I'd as provided in this article, but nom
compliance with it's provisions does not:
hvalidate any lawful marriage . -.
hnd from this Judge Whiting says I'M
PIE opinions: I'VE conclude that IL
tense Is not an essential Il a valid
marriage in this state"
AS the major portion OF the courts
opinion Is thai OF Judge Whiting. the
'uling In the case will stand that mar
nages may be valid without license in
his state.
The supreme court has sustained
lase OF South Dakota VS.. Edwin South
nayd. who was held guilty Of killing
lis wife in that county. Other opinions
" the court are:
Frances Hall, estate of Frank Hall,
IS. Dakota Mutual Life Insurance COM
,any, appellant, affirmed. Codington,
county. +,
Frances b. Dewey, appellant, VS.. c..
3. & @. Railroad company, Lawrence
tounty trial court affirmed.
H. c. Quackenbush, estate of Antoine.
Metzgar, VS.. Karl l.. Graf, Hughes,
bounty, Graf appellant; trial cour af-
tfrmed.
Frank j. Reid vs.. j. X. German ct all.
Hamlin county sheriff, and w. S. Mad.
den and Arthur w. Lenth, appellants;
Hamlin county reversed.
Chas. A. Stockwell VS.. German Mutu.
u Insurance association OF LeMars.'
county, insurance company
trial court affirmed.
s. A. Eckhart VS.. Johannes Heller ct
al and j. b. Gundert, appellant; Ed,
munds county affirmed.
Writ H. Allison VS.. C., st. P. & M.
Railroad company; Minnehaha county
Affirmed.