The citizen-Republican. (Scotland, Bon Homme County, S.D.) 1???-19??, 1916-07-06
LICENSE NOT NEEDED
IN DAKOTA MARRIAGE,
SAYS SUPREME court
Marriage Is Valid Without i
Justices Mccoy and Pol
ley Dissent.

Pierre. S. D.. June 30.-''We conclude
that license is not an essential to
valid marriage in this state, Is nv
holding of Judge Whiting IN an oplnt
Ion Of the supreme court In the cas-
or Alma Svendsen VS.. lngar NJ. SNenG'
sen ct al. being case in controVefs
over the former, who was the conme
law wife of Nels f. Svendsen, recentli
deceased, in Turner county. In conslai
erInS this special case, the court alsl
considers the matter In general as To
the state laws of this state, and JUDGE
Mccoy and Policy file a dissenting
opinion, in which they are of the opln'
ion that our statute law in penaliz1ni
parties entering the marriage stau
without license makes void any suci
marriages.
The opinion of Judge Whiting re,
verses the findings of the trial coura
which held the license was necessary II
make the marriage valid. Judge Wnltlni
says, in writing the opinion: 1t mus,
be borne in mind that marriage is d
natural relation resulting from the in&
stincts instilled into, and which are q
part of, all normal beings. While TN!
relation rests upon a law ordained bj
the Great Law Oliver of the universd
and therefore, is not one subject to aba
solute prohibition by man himself, yel
1t ls the undoubted right of organized
society to regulate, as we'll as to pro-
tect, such relationS but, because it ID
natural relation in no manner found+
ed on human laws, no statute shouli
be construed to annul or forbid it be-
cause not entered into in accordance
with certain prescribed forms or undet
certain prescribed conditions, unless
the language thereof will not fairly ad,
nit of other construction, etc. No,
As, c. c., provides: Marriage must be
al n,
ed as provided in this article but non-
compliance with its provisions does nor
lnValidate any lawful marriage "
pnd from this Judge Whiting says in
the opinion: I'VE conclude that liz
sense is not an essential TO a valid
marriage in this state.'
AS the major portion of the court'a
opinion is that of Judge Whiting. tho
ruling in the case will stand that MARI
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 was held guilty of killing
his wife in that county Other opinions
BY the court are:
Frances Hail. estate of Frank Hall,
rs. Dakota Mutual Life Insurance COM
Pany. appellant, affirmed, Codington
county.
Frances B. Dewey, appellant, VS.. c.,
3. d Q. Railroad company, Lawrenca
county trial court affirmed.
II. c. Quackenbush, estate of Antoine
Metzgar, VS.. Karl L. Graf, Hughes
county Graf appellant; trial court af-
6rmed.
Frank ]. Reid VS.. J. K. German ct al,
Hamlin county sheriff, and w. S. Mad,
fen and Arthur w. Lenth, appellants !;
Hamlin county reversed. {,
Chas. A, Stockwell VS.. German Mutu-,
hl Insurance association of LeMars,
Minnehaha county, insurance company
appellants; trial court affirmed
B. a. Eckhart VS.. Johannes Heller ct
Fl and j. B. Gundert, appellant; Ed,
munds county affirmed.
Writ H. Allison VS.. c., ST. P. & M.
Railroad company; Mnnehaha county
affirmed.