Indiana State sentinel. [volume] (Indianapolis) 1841-1853, 1846-12-24
SENATE.
OEN A 1 Z. ~
FainAY, Dee. Is, 1916.
The House adjourned

FRiDAY, Dee. is, 1876.
The Senate met. 4
received from the House Of the passage Of
certain bills therein named.
The President of the laid before the Senate
municaon lem the Stale Pnte; laid upon the table aud
go copies ordered TO be printed.
Petitions Presented.
By Mr.. EdmonstOE, Of Mr.. wm. d. KelsO referred TO
select committee.
By Mi bowers. of certain citizens Of Ripley county re-
ferred. 70. ss.s--~
Reports from Standing Committees. :.
By MT. 9th, making the following report from the
miitee on the Judiciary. Mr. Osborn dissenting.
Mr.. Presiden-rhe Committee the judiciary to whom
referred the petition Of Cshane Vekory and others
praying Tor Divorces have had said petitions and Tire uhc
divorces generally unde, consideration, and after
have instructed SAID petitions back
TO The Senate aud TO recommend that further legislation on
the subject is altogether inexpedient
Your committee have great doubts to the constiuonaf
power of the Legislature 10 interfere with the marital lights
Of any individual Indeed maj1ty OF said committee be-
the language Of the Constitution clearly pnhbits
Legislature fOm mpairng the validity Of connac from
judicial functions attempting ascertain whe-
Their has been violated and then to proceed de-
clare il null and Of no force.
admitting the power be in the Legislature, its
else is inc xpedient and unnecessary.
The Courts of Justice open alike TO all our ehaeh,
and ample power long since been sen the Courts by
law to grant divorces in almost every case. r.
So extensive is this power Of the Courts that take il
upon that injustice be done to in
dvdua by compelling him TO resort TO Courts Of Justice for
relief. 81. -, ,., -.
Our action here may AID no doubt oen does pfoss ele
cIious the tights Of individuals An PdTfs apficaiion
u
reputation and integrity Of individuals, and frequently
without testimony and without suffering The other paIlS it,
eresed in decision appear and these chsg
called upon TO enter decree for divorces without
settling in that deeiee single one OF the many rights
tainIrg 10 the marriage state
But suppose give notice the opp site patty have w
summoned appear before acn in the double
capacity Of Judge and Juror proceed adudcse
the rights Of parties tigau-whf not in that event ex-
tend usdic TO all other CONTROVERSIES that cOgn
in the Courts OF the State We have the right
TO try an act Of eecnent decree in Chascey
upon the varied aud conflicting rights OF our CITIZENS as to
adudcate in matters Of divorce II We act udeisly in
case, why not in eveTf CAPE =, ,
Suppose however for the sake 81 Argument iha, we as-
The power 10 act Ia any judicial capacity aud By
possibility decree. hs is the
be corrected The Constitution provides for Supreme
Court but t5ee Is no provision By which case can be
pesed from that any other cout Of final
Without extending this report, and adding many other
that might be assigned against legislative action on tbs
subject the committee will submit the to the Senate
with the concluding mark that legislation this subject
attended with aud unnecessary expense. You
call upon hundred and City three dollars per day
with the additional expense OF clerks door keepers, &c
pcoIm the labor Of President Judge and his associates
Having due regard TO economy and being opposed %
and exavsgsnt expenditure Of the peoples money
your committee offer for adoption the following resolution
and respce fully recommend it. passage. 4
ReoiUcd That Is inexpeden 10 legsate on the subject
Of divorces
Mt Berry Of F. moved to lay he report on the table the
motion adopted. .
Mr. Ellis then moved that the petitions returned with the
report be referred 10 select committee. 90
On motion Of Mr. Murphy, The petition Of Caharne Vick-
cOmullttet -
The President laid before the Senate communication from
the Superintendent OF the Wabash and Enc Canal laid on
| the table.
communication from the Trustees education
Of the Bird laid on The table.
Mr. Ellis made further report from he Judiciary commit
reporting bill for the settlement Of interstate estates.
and Recommending its postponement-
MI Ellis said the bill would allow The administrator 10 SET
lie without giving the heirs that payfs se.ile-
would be made and probably injustice rendered;
report was concuITed 10. 80
By Mr. Clements. from the committee on Roads reporting
bill No 20. relative compensation Of s1peTvisoif q
Roads, with an amendments eoueurred in.
Il Reports from Select Contritfess.
By Mr.. Read reporting bill providing og the holding Of