The Evansville daily journal. [volume] (Evansville, Ia. [i.e. Ind.]) 1848-1862, 1858-12-13
Green, of Upton offered a preamble and


resolution in the Senate, which was adopt
ed and made the order of the day for next
Wednesday, at o'clock, taking up the re-
port of the Election Committee in the cele-
brated Miller and Shryock case, and putting
it in shape for speedy settlement. The case is
pending, and has been pending for two
years.
The Committee on Agriculture made a
report in favor of the passage of a bill refer
red to them for the protection of religious
meetings, agricultural shows, &c. Report
concurred in and bill ordered to be en-
crossed.
In the House there were two reports made
from the Committee on Banks-the majority
declaring it inexpedient to prohibit the cir
culation of small notes, while the minority
| recommended the prohibition.
Mr.. Davis said that it was clear that the
free banks might be prohibited, it was ques-
tionable whether the Bank of the State could
be prevented from the issue of small bills
1t was unjust to draw a distinction between
the two classes of banks. We ought not to
restrict the free banks and permit the Bank
of the State to issue small bills. He there
fore moved a reference of both reports to
the Judiciary Committee, with instructions
to inquire into the constitutionality and eff
feet of such prohibition as contemplated
by the resolution. The motion to refer was
adopted
Mr.. Blythe reported back the House di-
vorce bill, with amendments and recon-
mended the passage of the bill as amend
| ed.
The amendments strike out sections and
3, and alter the third clause of section Z of
| the present law, to read abandonment for
one year" instead of abandonment for one
year, or a less period, if the Court deem re-
| Cancellation impossible" The report was
concurred in. The I'd section of the bill
abolished this discretionary power of the
Court to grant divorces. The Sd was an
| emergency clause.
Clements moved to recommit with in
structions to repeal all laws on the subject
of divorces, which was lost.
Murray moved to recommit with instruc-
tons to insert years residence instead of
| years residence, which was lost. Ayes 25,
| nays 70.
Clements moved to recommit with in
structions, to amend by refusing to grant
divorces to persons coming 'FRONT.' other States
| for causes which would not entitle them to
i a divorce in the State from which they are
fugitives. His object was to prevent such
| fugitives from making this State their quar-
tiers, to its disgrace, while they could obtain
| divorce.
Scott moved, asadditional instructions, to
strike out the discretionary power of courts
Blythe remarked that the committee had
not been in haste in making a report. Re-
proach had been cast upon the State, but it
was owing to the failure of the courts to do
their duty. Had they been faithful o large
share of the disgrace would have been
avoided. But gentlemen have looked in
the wrong direction for the evil to be rene
died. For thirty years courts have had this
discretionary power, which had been part
of every divorce law in force in the State
In the first law passed no length of resi-
dence was required. 1t was amended, re-
quiring two years, which continued for
several years. The law was then modified
to require one years residence, which in
1852 was changed to the present form of the
law. The difficulty is that parties come
from other States and make affidavit of bona
hda residence. Specify what shall coRsti-
tute residence and you cut them of. But
: the discretionary power is not abused to
any extent. and covers cases-for instance
where a man becomes insane from the re-
suit of his own vices, where it is emincntly
proper that the wife should be permitted to
4 no fros11 l.,
which can not be reached by specifications
Strike out that clause, and no matter how
strongly the Judge may believe the plaintiff
: to be justly entitled to divorce, his hands
, are fettered. 1t is impracticable to at
tempt to specify every cause of divorce, and
unwise and unjust to grant no divorces OK
cept specified causes. ssE-5-rs .-
The amendments were lost, and the bill
ordered to be engrossed.
The House passed the bill to repeal the
, second section of the bill to define the boun.
daries of new counties.
) On motion of Mr.. Blythe, the House bill
the table to take up the Senate bill. Tht
I rules were suspended and the Senate bill
read a first time. The House refused t.
! suspend the rules to permit a second reading
A bill for the relief of Nathan Rowley
E against judgment for $442, to be paic
d out of the general school fund.- was passeC
e after some discussion, by yeas 60, nays 80.
: The Senate bill for the re-appraisment o
real estate was taken up and passed by al
most unanimous vote-the ayes being 80
: nays 3.