Evening star., 1938-12-29
Couple Already Wed,
New Test Of Marriage
5 -
Curb 10 Be Sought Z
Arlington Writ Petition
Loses Stonding After
Prince William Rites

Prince WitIiom Rites
A group of Arlington County, Va.
attorneys planned today to seek an
other case to test legality Of the
county's ban on quick marriages,
after the principals in test case
argued yesterday went on to Prince
William County and were married
last night.
Their marriage nullified the petit
ton for a writ of mandamus pend
Ing before Arlington County Circuit
Court Judge Walter T. Mccarthy.
The writ had been sought to force
the Arlington court clerk to issue
an immediate license to the New
York couple.
Judge Mccarthy had delayed a
decision because he did not want to
give a "hasty' opinion in view of the
marriage situation prevailing in
Arlington and all of Northern Vir-
ginia"
Rather than wait for outcome of
the legal battle, the couple bringing
the test suit, obtained a license at
Manassas, Va, last night and were
married at Bristow by Father John
Smith OF the Catholic Institute.
They were Michael Romaine of
Brooklyn, N. Y, and Catherine
Kreitsek of Astoria, N. Y.
Will Seek Another Test.
Their petition had been brought
before the Arlington court by IL
prominent attorneys who do not
believe the clerk has authority
to withhold issuance of marriage
licenses, under present Virginia
laws.
When the court convened today
it was informed of the marriage of
the two principals, which killed any
future action on this particular case.
Judge Mccarthy said the issue "re-
mains moot question" until a mo-
tion for dismissal is made by one of
the attorneys.
1t is not regarded as likely that
such motion will be made. and the
suit Is regarded as dismissed case.
Technically, such cases not dis
missed remain on the docket for
two years, when they are auto
matically stricken from the records.
The young couple, who were
among many to apply for-and be
refused-a license within the last
week, had agreed to the attorneys S
request they serve as principals in a
test case.
Previously, Col. Christopher B.
Garnett, practicing. attorney of
Washington and Virginia, had
drafted petition for a writ of
mandamus and a court order re-
quiring the clerk to issue the license,
with only the names and dates left
vacant. When Mr.. Romaine and
Miss Kreitsek yesterday agreed to
the court action, their names were
inserted and the attorneys prevailed
on Judge Mccarthy to hear the
testimony. -
Signers of the petition as counsel
were Col Garnett and the following:
Allen Adams, Arthur c. Stickley, I'd;
Philip F. Herrick, Emery N. .Hosmer,
William C. Cloth, William C. Cloth,
tr; l.. A. Verzi, C. T. Jesse, Frank
L. Ball and j. Foster Hagan.
Duties of Clerk.
Argument in the petition claimed
there is no legal impeachment to
prevent the couple from marriage.
Notwithstanding these facts, the
clerk has failed and refused" to is
sue the license without warrant or
legal justification, the petitioners
alleged.
In arguments before the court yes
terday Col. Garnett said the clerks S
duty is purely ministerial one
and not discretionary"
Mr.. Douglas cited as authority, for
the clerk to Withhold a license, sec
tion 5088a of the Virginia Code Col.
Garnett pointed out that this section
was titled marriaeogf habitual
criminals, insane persons and mental
detectives" and could not be ap-
piled to normal persons and in any
case would not apply to persons
from outside the State.
It was on this section OF the code
that Arlington, Alexandria and Fair
fax County authorities have thus far
relied to authorize the clerks of their
respective Jurisdictions to delay the
licenses.
Yesterdays arguments centered on
the technical point of whether,
under existing laws, Virginia clerk
may use his own discretionary
powers, or If he is compelled to
issue licenses Immediately to all who
are apparently legally entitled to