In re Lum Lin Ying

• Decision Date: 02 February 1894
• Docket Number: 3,666.
• Citation: 59 F. 682
• Parties: In re LUM LIN YING.
• Court: U.S. District Court — District of Oregon

59 F. 682

In re LUM LIN YING.

No. 3,666.

United States District Court, D. Oregon.

February 2, 1894

B. B Beekman and G. W. P. Joseph, for petitioner.

Daniel R. Murphy, for the United States.

BELLINGER District Judge.

It is admitted that the person claiming to be the husband of the petitioner is a merchant doing business in this city. Is the petitioner his wife? He testified that she was betrothed to him at two years of age, and that six months ago the marriage was solemnized according to the laws of China. He further testified that he had never seen his wife until her arrival here. Upon this last statement, I concluded to remand the petitioner, without further inquiry, but deferred to the urgent request of her attorneys to be heard as to this alleged China marriage, and as to the bona fides of the marriage transaction.

The only authority cited as to what constitutes the solemnization of marriage under Chinese laws is an article in the Encyclopedia Britannica by Prof. R. K. Douglas, professor of Chinese in King's College, London. According to this authority, marriage in China is an arrangement with which the parties most concerned have nothing to do. The duty of filial piety is said to be the final object of Chinese religious teaching, and, under its influence, parental will is a supreme authority, from which there is no appeal. Marriage therefore, is not the result of acquaintanceship. 'The bridegroom rarely sees his betrothed until she has become his wife.' The preliminaries are entirely arranged by professional go-betweens with the parents and families of the respective parties. The correspondence between the two, thus conducted is in writing, and is of the briefest character. If the arrangements proceed satisfactorily, the particulars of the engagement are committed to writing upon duplicate cards. These are sewn together, and the ceremony is complete. The bride journeys to the home of her husband, who may then see her for the first time. This is the system under which the marriage relied upon in this case is claimed to have taken place, and is consistent with such marriage. The fact that such a marriage did take place, as testified to by the parties, is not contradicted, and is consistent with all the circumstances appearing in the case.

If the parties were married according to the laws of China, such marriage is valid here. Parsons on Contracts says that 'it seems to be generally admitted,...