ontracts. The marriage itself is an entirely different
thing. When a marriage is performed and consummated the parties have
changed their condition; they bear an entirely new relationship to
society, which, as represented by the state, acquires an interest in the
transaction, and all you can say about it is that whereas they were both
single before, they are married now, and that in the eyes of the law
their status has been altered to one as distinct and clearly defined as
that which exists between father and son, guardian and ward or master
and slave."

"Hear! Hear!" remarked Tutt. "But I don't see why it isn't a
contract--or very much like one," he persisted.

"It is like one in that its validity, like that of civil contracts
generally, is determined by the law governing the place where it was
entered into," went on Mr. Tutt oracularly, as if addressing the court
of appeals. "But it differs from a contract for the reason that the
parties are not free to fix its terms, which are determined for them by
the state; that they cannot modify or rescind it by mutual consent; that
the nature of the marriage status changes with the state and the laws of
the state where the parties happen to be domiciled; and that damages
cannot be recovered for a breach of marital duty."

"Do you know I never thought of that before," admitted Tutt. "But it's
perfectly true."

"It is to the interest of society to have the relationship orderly and
permanent," continued his partner. "That is why the state is so alert
with regard to divorce proceedings and vigilant to prevent fraud or
collusion. You may say that the state is always a party to every
matrimonial action--even if it is not actually interpleaded--and that
such proceedings are triangular and minus many of the characteristics of
the ordinary civil suit."

"I suppose another reason for that is that originally marriage and
divorce were entirely in the hands of the church, weren't they?"
ruminated Tutt.

"Exactly. From very early days in England the church claimed
jurisdiction of all matters pertaining to marriage, on the ground that
it was a sacrament."

"Did the ecclesiastical courts take the position that all marriages were
made in heaven?"

Mr. Tutt shrugged his shoulders.

"'Once married, always married,' was their doctrine."

"Then how did people who were unhappily married get rid of one another?"

"They didn't--if the courts ruled that they had actually been
married--bu