Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1875-01-08
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be finally imposed, and thus to certain extent
defeat the object for which punishment is inflicted,
viz: the protection of society.
u Every consideration demands that the legisla-
ture should no longer treat this important question
in an evasive and uncertain manner. If it is your
conviction that the death penalty should be i'm
posed and enforced in all or in any class of cases
Of wilful murder, let the law be so framed as to
clearly require this, without any provision for its
evasion. The constitution provides for rare ex-
ceptiona cases where the interve ntion of the par
doning power may be wise and Just. If legislators
are not ready, so far as the statute goes, 10 une-
quivocaly and finally provide that the penalty for
murder of any degree shall be death, then there
can remain but one consistent course, and that Is
to establish imprisonment for life as the penalty
forcement. No principle of criminal law is better
settled than that the certainty of punishment is
more important than its severity.
OUR DIVORCE LAWS.
Under the existing laws of this State, divorce
from the bonds of matrmony may be decreed
whenever any Justice of the Supreme Court
deems it reasonable and proper, conducive TO
domestic harmony and consistent with the peace
and morality Of society; and the court is required
to grant q divorce when it appears that there ba,
been three years wilful deserton or abandonment
without reas enable cause, and may do so for a less
peTlou. AS hearings on uOei5 may De anu usuaiy
are held under circumstances which render II
almost impossible for the court to reach all the
facts-the libeant being usually the only pefs IN
represented and publicity being avoided so far as
possible DEGREES for divorce take effect
at once and release the guilty well as the limo.
cent, it is by no means surprising that under so
liberal, not to say loose statute divorces are
rapidly multiplying, until it has been ascertained
from official sources, that 4S7 have been decreed in
this State during the past year, nearly hall OF them
for desertion.
Thus the alarming fact confronts that
under the operation Of divorce laws very
nearly ore marriage out Of every thirteen
consummated in this State, is subsequently
iudicially dissolved. The knowledge Of so grave
fact will undoubtedly give you, as it has
myself, serious concern, ard lead TO an inquiry
as to whether our divorce laws do not require
amendment. Surely, every good citizen can but
recognize the vital importance of chershing the
deepest convictions Of the inestimabe value and
sacredness of the marriage bond. This is de-
manded not simply for the reason that in the fam
iy relation there found the healthes influences
and purest happiness which this life affords, but
also and especially from the fact that here is the
home Of the children and the hope of the State.
When the sacredness Of the family is lost sight Of
the life of society is in danger of being corrupted in
its source. 1t has been truly said that governmen MT
so depends on the life of home that for homeless
community ANARCHY CT despotism would be the
only alternative.
If our divorce laws are to leave so absolute a dis
erection to single judge,-which seems to me very
questionable, -provision should be made to secure
more satisfactory presentation OF the facts and
arguments bearing against the application for a
dissolution of the marriage contract. The present
statute leaves out of sight the TACT that in addition
TO the libellant and bellee there is third party
viz the public, deeply interested in every divorce
case. suggest whether it would not be WISE to
require the county attorney TO represent the State
at the hearing of libel for divorce, and to
resist the granting Of a decree. / also suggest
that instead of having DEGREES for divorce take
effect when made, all such judgments be
simply interocutory, to take effect one year after
being made. unless dissolved in the meantime by
the court.
This mode Of proceeding would serve to guard
against fraudulent representations, and give
opportunity for affection and reason to resume
their rightfal sway 1t can be hardly otherwise
than that supposed grievances which, under less
accommodating laws Of divorce, would be patient
" and even cheerlully borne, and differences
which time would reconcile to mutual advantage,
are under our existing statutes often made the
occasion for the hasty and unwise sundeling OF
what should be the most sacred and enduring tie
on earth. Nothing Is better settled than the fact
that laws which make divorces easy to be obtained,
encourage hasty and il-cousidcied marriages.
And nothing conduces more to that mutual defer
ence and torbearance on which domestic har-
mony so much depends, as the conviction Of the
parties to the marital contract that they have
taken each other for better or for worse until
death doth them part
IMPRISONMENT FOR DEBT.
Although our laws authorizing imprisonment
for debt were long since modified ms to largely
mitigate the evils of so extre me remedy for the
enforcement of the rights of creditors, yet they
seem to me unjust and unwise. Practically tn ~
rarely aid in the collection Of claims against a
dishonest debtor it is only the honest but unfor-
tunate debtor that is reached by them. Our Grim
inal laws are already sufficient, or may be made
So TO reach dishonest debtors guilty of fraudulent
acts. But statutes which authorize the imprison
ment of penniess debtor who cannot secure the
means to pay the costs of disclosure, where no
fraudulent practice or intent is alleged, operate
ipjuriously to the interests of industry and trade
foster an unwise use of the credit system to the
ultimate disadvantage of TIE creditor and the not
unfrequent oppression Of the debtor and his unof-
Tending family, and are contrary TO a sound public
policy and the spirit Of the age.
RIGHT OF WOMEN TO IIoLp OFFICE.
In response to questions propounded by the
Governor and Council, a majorty of the Justices
of the Supreme Court have given an opinion that
under the constitution of Maine, women cannot
act as Justices of the Peace, hold any other
office mentioned in that instrument; but that it is
competent for the Legislature to authorize persons
of either lex to bold any ministerial office created
by statute. As there can be valid objection TO,
but on the contrary great convenience In having
women who may be acting as clerks in public or
private Offices, authorized to administer oaths and
take acknowledgment of DIT eds, | recommend the
passage of an act providing for the appointment of
persons Of either sex, to perform such official ,in
ties. In,teed if further legislation be necessary
to establish that principle, | suggest the justice
and expediency of an enabling act recognizing the
eligibility of women to office, in the same manner
as men for know OF no sufficient reason why
a woman otherwise qualified, should be excluded
from any position adapted to her tastes and ac-
quirements, which the people may desire she
should fill.
REVISION OF THE CONSTITUTION.
As it will be necessary for the legislature to pro-
vide for the submission to the people at the annual
state election in September next, Of an amendment
Of the constitution abolishing the Office of Land
Agent, suggest whether it would not be wise to
mite with this proposition such other amendments
of the fundamental law of the state as n ay be
found necessary. Indeed it seems to me that no
more favorable opportunity could be had to secure
such careful revision of many features of the
constitution of the state, as has for some time ap-
peared many thoughtful citizens to be desirable.
Fifty-fye years have passed since the consttu-
lion was framed almost two generations have
come and gone and the conditions of life and de-
mands on social and political organization have so
changed as to require imp ,rtant notifications in
the fundamental law of this, as well as other
states. AT different times within the past thirty
five years, we have epdeavored TO meet these de
mands by disconnected amendments, until our
state constitution has become a piece of legal