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

of individuals Mr.. Brown of Richfor
moved that the bill be ordered to lie an
made the special order for tomorrow after
noon at l-2 o'clock, which was agreed to
On motion of Mr.. Hubbard of Whiting
adjourned.
THURSDAY, Nov. H.
SENATE.-BiLLs introduced and referred -
: By Mr.. Bailey, in amendment of sec. 9, ch
; IL, g. s., of county officers to com OF
finance. By Mr.. Grandey, in amendment Q
ch. l26, g. g., relating to salaries and fees
Reports. judiciary CON-, ii. 274, 70
the purpose of preserving the records an
files of the courts, with proposal of amend
ment agreed to and passed From gen
COM, against S. "A, declaring Winoosk
River and its tributaries public highway
third reading agreed to. II. 325 to incor
porate the Sutherland Falls Marble Co
with proposal Of amendment agreed to anC
passed.
Resolution.-By Mr.. Hartshorn, to dis
pense with the reading of the journal during
the remainder Of the session adopted
Mr.. Gardner called up u. 2..ss.s to i1Sr
LT-~5.ss-- -.---~a- feufs. Ny ~
Wit9 proposal Of auDshdment.
Mr. Bailey called up S. ll9, relating to
divoore, and moved an amendment providing
for the exclusion from the trials all persons
except the officers of the court and the par
ties interested.
Mr.. Carpenter opposed the amendment.
/ He did not believe in /" bedroom court. "
! Mr. Bailey believed the authority to ex-
/ clude persons from the court room a very
wise authority to lodge in the court. There
are certain cases where scandal monger:
ought to be excluded, and the court should
have the power to keep them away.
Mr.. Eddy also favored the amen dment
and it was adopted.
Mr. Heath opposed the bill. He thought
it singular for Senators TO favor a system
which gives greater facilities for obtaining
divorces when it is admitted that our lax
laws upon divorce are crying evil. This
bill opens courts for a long time twice every
year. Now there are only few days in tn,
year in which the courts are open for these
cases He objected to the tribunal before
which they are to be brought. The side
Judges of the county court are not usually
men of very great intelligence and judgment
They are liable to be Influenced by loca
views and prejudices. Often their towns
are interested in divorce cases affecting pau
pers. He would keep these cases removed
from all local influences.
The difficulty in the divorce system is not
in the laws or in the proceedings of the
courts, but in public sentiment, and no bill
which the Legislature can pass will effect a
remedy until public sentiment is changed
1t is another very serious objection to the
bill that it allows parties to testify. 1t is
an innovation which would not be suggested
in other causes. Should it be allowed in
this, the most important kind of trial in
which courts arc called upon for judgment
He suggested that if the supreme court
has not time to properly attend to these
cases, it should be allowed TO appoint an ex-
aminer to go out and try the fact Of cOllu-
sion.
Mr.. Carpenter suggested that the bill i'm
poses an additional expense upon the coun-
ties of the State. lie hoped that if it is to
pass, provision will be inserted requiring
PARTIES to pay the additional burden.
Mr.. Bailey believed it utterly impossible
for the State to legislate down hill upon this
matter. Every lawyer in the State knows
that one third of the divorces granted are
obtained through fraud. Under the present
procure testimony TO prove anything de-
sired. He knew ola case where the depOsI-
tiOns were signed in blank. There are more
safeguards thrown around the prosecution Of
a promissory note for ten dollars than about
a libel for divorce. lie knew of parties NOV
ing trunk into the State and hiring a room
simply to obtain divorce. Under the pres
ent system it is impossible to expore them.
Much was said derisiye of the laws of
Indiana. Why, Indiana throws more safe-
guards about her divorce system than Yer
mont. Where there is 10 appearance in
that State for the libellee, the District At
torney is directed to appear. lie thought
he could prove that no State in the Union
has so loose a system as Vermont.
As to the provisions Of the bill. the law
provides that one of the parties shall reside
IN the county where the cause is to be tried.
lie believed it an advantage to have the
cases tried by some residents of the county
on this very account. They will be better
able to detect attempted frauds in proving
residence.
Under the present system of using deposi-
tions, there Is no possibility to ascertain
whether there is colIusiun. Should the par
ties be brought face to face with the witness
es and the court, there would be an opPor-
tunity to detect all frauds Of this kind.
A law allowing parties to testify in such
cases is already in force in Massachusetts.
Prior to 1852 1t would have been considered
a terrible innovation to allow parties to tes-
tify against their neighbOrs. But the new
system has now no enemies. 1t has been
said that trivial circumstances would occupy
the time of the court. lie inquired what are
the causes of divorce in Vermont Would
the judges allow the admission of irreI evant
testimony?
AS to the argument OF the Senator from
Washington that pretty woman in tears
would always carry the court, let him intro
duce bill iorbiddIng pretty women to weep
on such trials.
He believed that should the law pass, two
years hence no lawyer could be found will
ing to repeal it. lie believed it would great
" bo purn bar Of divorces tod
On motion of Mr.. Gardner the bill was
ordered to lie.
On motion of Mr.. Eddy, adjourned.
HoUsE.-BiHs introduced and referred -
By Mr.. Holt of Berlin, regulating the
standard weight of oats, go pounds , to
the com. ON agriculture. By Mr.. Edison of
Mendon, to amend sec. IL, chap. 3, z. s.,
entitled Of the grand list to special com.
on grand list. By Mr.. Lewis of Wells, in
of sec. A, chap. %, z. s., relat-
ing to highways to com. on Judiciary By
Mr.. Gorham of Addison, to protect foxes in
this State ID reading refused.
Bills read the third time.-H. BAG, relating
to the collection of highway taxes passed.
III. 288, to incorporate the Bellows Falls and
Grafton Railroad Co., and to enable certain
towns to aid in the construction thereof
passed. Ii. 34S, to establish the Williams
town Graded School District: passed. ii.
314, to amend the act to enable the town of
Sharon to make improvements in the White
River passed. Ii. 3l7, to provide a new
building for the Vermont State Reform School.
On the passage of the bill, Mr.. Powers of
Leicester demanded the yeas and nays,
which were taken, yeas $50, nays So so the
bill was passed. Ii. 226, relating to billiard
tables. Mr.. Kellogg of Benson objected to
the provision of the bill requiring the major
ity of the legal voters of town TO petition
the selectmen to suppress any public billiard
table, before it can be SO suppressed.
MIR. Wood of Fair Haven said he thought
the provision of the bill wholesome, putting
beyond the power of any one man to shut up
billiard room when he may have personal
spite against the keeper.