Green-Mountain freeman. [volume] (Montpelier, Vt.) 1844-1884, 1870-11-23
Legislature of Vermont.

from attachment in certain cases to judi
ciary com.
Reports com. on finances, S. 100
authorizing a testimonial Of honor to tn
soldiers of the war of 1861, with propose
of amendment agreed to, and third read
ing ordered.
From special com. on the subject of tax
alton and the equalization of,khe grand list
by bill, which was read for the information
of the Senate, andaon motion of Mr.. Gard
ner, was ordered to lie and the usual number
of copies be printed.
Special Orders. II, in amendment oi
the act incorporating the Vermont Mutual
Life Insurance Co.; on motion Of Mr. Eddy,
ordered to lie.
From com. on elections, S. 40, fixing the
time of the next election Of Representatives
t. Congress third reading ordered
From CON- on Judiciary, 5. 1l6, relating
to divorce, with proposal of amendment.
This bill provides, among other things, for
the removal of suits for divorces from the
supreme to the county courts.
Mr.. Heath argued at length against the
bill on the ground that these cases are prop
erly tried at present, and divorces granted
only for suitable reasons. Our supreme
court always dismisses cases when there is
the slightest evidence of collusion. These
cases often are full of scandalous matter and
ought not to be heard in the presence of a
crowd ready to feed on every bit of evidence
that is filthy and gross. He hoped the SEN
ate would not seek to change system which
in practice has proved successful.
Mr. Eddy supported the bill. He believed
that no state in the country has such a loose
system for the trial of divorces as Vermont.
The evidence being taken by lawyers be-
fore their own NOtaries Public is often en-
tirely er pdrfe, and may be founded upon
the collusiOn of the parties. There is moth
r. H.,
is opportunity for the cross examination of
parties by lawyers or judges. In the depO-
sitions now taken in cases where there is 20
controversy, lawyers carefully select only
those facts which will assist, and often leave
out of the case facts of much greater I'M
portance bearing upon the other side OF the
case. He hope1 something would be done
to check this multitude of divorces which
now disgrace the State.
He had heard it said that these cases would
take up too much time in the county court.
This was a poor argument, for no cases arc
of more Importance than those which affect
the most sacred OF all our institutions.
Mr.. Carpenter said he was so unfortunate
as to belong to the minority of the commit
tee reporting the bill. He was opposed to it
first because it proposes an innovation. Since
the establishment of our courts these cases
have always been tried in Vermont by the
supreme OOuEE, anu LuGTc Dde DtGu 10 cOUl-
plant of the workings of the system. Ii
was reflection upon the Supreme Court to
say that it did not give sufficient considera-
tiOn to these cases. If they do not give
sufficient time to trials he would vote for a
law obliging them to give certain length of
time to each case. He was also opposed to
changing the marner-nf trying the cases.
1t would take a much 10 Dger time to exam
inc witnesses upon all the details of every
little case.
A wife is not permitted to testify in rela-
lation to matters which concern the husband
in other matters. He was opposed to pass
ing bill allowing the husband and wife to
testify against each other upon the most
scurrilous matters.
If he was to make the title to the bill, he
would entitle it bill to facilitate divorces
aud enhance their expense. he insisted
that il would more than double the expense
of these trials.
He believed it un ust to allow moral testi-
mon7 in these cases because a beautiful
woman will always carry the court against
her husband.
lie denied that divorces are granted in
Vermont with anything like the facility with
which they are granted in Indiana. He
knew personally of case where parties
were unable to obtain divorce in this State
and obtained it very easily IN Indiana.
On motion VI MI IuiltNS tA-C Jill heAS u
dered to lie.
Joint Resolution relating to final adjourn
ment adopted.
RepOTts-From special com. Ii. 2l3, au-
thorizing the treasurer of the county Of
Bennington to borrow money; passed.
Mr.. Heath called up Ii. %, relating to
express carriers and proposed an amendment,
which agreed to and passed.
On motion of Mr.. SAKE, adjourned.
HoUsE.-BiHs introduced and referred.-
By Mr.. Bisbee of Newport, in addition to
and alteration of chap. %, &. g., relating to
railroads; to com. on railroads.
By Mr. Adams Of Marlboro, to amend rec
80, chap. l26, z. g., entitled of salaries and
fees to select com. on salaries and fees.
BY Mr.. Tyrel of Dorset, relating to fees
of town grand jurors and witnesses and Ju-
rors before justice; TO c)m. on Judiciary.
By Mr.. Adams Of Marlboro, to amend an
act to amend sec. II, chap. l2G, z. g., rela
ting to the fees of grand and petit jurors be-
fore the county court to com. on judiciary
By Mr.. Bacon of Sunderland, in amend
ment of an act in relation TO school Districts
to com. on education.
By Mr. Holt of Berlin, authorizing the
auditor Of accounts to draw his order on the
treasurer of the State in favor of Joseph
Young for the sum of sos; to com. on
claims.
BY Mr. Bromley of Pawlet, raising tax
on the county OF Rutland for the purpose of
building Jail and paying the Indebtedness
of said county to com. consisting of men,
bers from tie county of Rutland.
Mr.. Cardell of Warren called up IL. 303,
relating to the duties of town clerks, the
question being on its passage, and moved to
amend the first section 50 as to compel the
town clerks to record all deeds and mortga-
ges within si1ty days instead of thirty.
The bill was opposed by Mr. Farnsworth
of Windsor, favored by Mr.. Carpenter OF
Burlington, Mr.. Wood of Fair Haven, Mr..
Cardell OF Warren, Mr.. Dodge of Thetford.
Joint Resolutions. The Senate, re-
latng TO the employment of Julian Scott to
paint an historical painting to be placed in
the State House; opposed by Mr.. Bull of
Hancock and adopted in concurrence.
Bis read the third hme.-H. 1926, to in
corporate the Sutherland Falls Marble Com
pany passed.
ID. 309, to amend sec. u, chap. l6, G s.,
rel ting to fire districts passed.
Ii. 1S4, to commute the sentence of Henry
Welcome opposed by Mr. Drake of Royal
ton Mr.. Smith of shrewsbury demanded
the yeas and nays which were taken, ayes
I58, nays 6l. 80 the bill was passed.
Mr.. Amsden of Weathersield, and Mr.
Spear of Vershire, were excused from voting
Reports. From com. On education, in
favor of ii. $50, relating to the Normal
Schools of this State, with amendments,
recommending $1,000 to each of the schools,
instead Of $500, and limiting the expend-
iture to such rules and regulations may
be imposed by the board of education. which
were agreed to third reading ordered.
Mr.. Hinck'ey of Chelsea called up the
resolution laid on the table, relating To the
public grounds, and moved to amend 10y a
substitute resolution. directing the com. on