Burlington weekly free press. [volume] (Burlington, Vt.) 1866-1928, 1878-11-01
n OIsE.
FRIDAY. October III ly-S

FRIDAY, October 26, ISIS
| Bills, etc introduced aud reierred-By Mr. Po-
land OF Sc Johnsbury, relating to proceedings by
railroad bondholders after foreclosure OF mortgage
| TO Committee on Judiciary.
| by MIR huse OF Montpelier relating to divorce
| 10 Committee on judiciary. This bill provides
| that divorce from the bond Oi mitrimUny NAV be
| decreed Tor adultery in either party, or when
ther oi them is scatcnced for five years or more
IN the state prison: aud is actually confined the
\ time, anu no pardon granted after such divorce
shall restore such party to his or her conjugal
rights. Ii shall not be lawful for the libeler when
be cause of the divorce Is adultery 10 marry any
| other person than tho To whom such divorce
sh al be decreed The peIalty tor violations of the
foregoing provisions shall he imprisU. ment in the
state prsOn at hard labor for not less than one nor
more than five years Whenever n divorce shalt be
decreed tor adultery the states attorney shall pro
coed by inform itIOn Complaint against the party
| from whom the divorce obtained. A divorce
from bed and board only may be decreed Tor ntoler
abe severity. for repeated acts persona! abuse
for wlliuI de'ertion for tlrrc yea :. Tor absence
seven years and not heard from, ami TO the wis
when the husband Is able aad rvus : TO provide
suItab maintenance i"r her. No divorce TO be
granted for any cause happening out oi the State
unless the parties were ut the time Ios sdous r this
State.
From the General Committee. in favor o. II lsy. in
amendment Of an act relating To pIivat, corpora
tiOns by voluntary assoc alton, approx November
I'D. 1870 Icad third time and passed.
The special Committee on much o: Guvprnor's
message relates to the i'll OF the late II |; How
ard, reported joint res solutions, iul oWs:
Rssoirsd by the House Of Representatives and the
Senate. That with due recognize Ui tho heTaiIty
shown by the late II d Howard. ui Fairfax, Vt in
deylsins by his last Will AID testament certain
moneys ard Lana 10 aid the State ui Vermont in
founding in Fairfax Orphan Asylum for poor
and destitute chiluIcn, ct IN view the fact that
such an asylum IN tairaN canuHt b, i,unded by
the state without n large adiItio"a appropriation
iIom tho State treasury, and II the IA A't tnat the
will OF the donor contains ptuyis on Shich sub
stantaly carries cut ms generous purposes with
out aid from the State. in cise ,ho state does not
accept the bequest, II - ineNpedirnt the State
to accept the same AMI the State does here hv de-
cline to accept the proyison IN the first OF the
will OF II Howard
RssOircd, That the Secret ~ of State he directed
to furnish the executor OF th" sad harmon How
certified copy OF these resolutions, which shall be
sufficient vouchers before the Probate Court the
district of franklin, 10 discharge all interests o,
the state Of Vermont in said iloward's estate.
Which resolutions were adopted on the part OF this
House.
JOINT resolutOn-From the Sennte similar to the
Just adopted by the House in To the will
Of the late II Howard which was ordered TO lie,
on motion Of sr Smalley OF Burlington.
Afternoon
Bills introduced and referred-S II, prohibiting
the Judges OF the supreme Court from holding ofics
in any railroad corporation in this State 10 Com
mittee On judiciary.
Mr. IIolbroos, of Milton. call. up II -, relating
to the alteration Of school districts the question
beng on the adoption 1.-THE amendments, propose
by the Committee Education. To add Ia sec
ton and the prJviso that in cases o. dispute all
matters shall he referred 10 the srlectmrn or
committee appointed for that purpose, who shall
report to the next annual town meeting Atcr
brief discussion
MIR Poland, OF st. JOhuslury muN ell that the bill
he ordered To lie. which was agreed to.
MIR Eaton, ct Danville called up ,. repeating an
act relating To courts insO vency approved Nov
-. 1876 the question being on the passlse the
bill.
MIR FULLER Of Fairhlven said he originally made
the statement that he believed this act wa uncpn-
stitutionnl. lie had looked up this matter very !
carefully. and read the provisions OF the 1 Con
sttution to the effect that no state can pass any
Law impairing contrac's. aud then rtaI ffom the |
insn'y yency law now proposed to he repealed, aud
state his belief that the provisions OF the bill did
Imp tir contracts. lie then read various decisions
IN regard to tn subject and showed that state in
sulyrucy act dlschnrEinE the debtor without the /
consent OF h- creditors l. law imparing the Chli-
cation of contracts, within the meaning -! the |
Constitution
The Insolvency act being dead letter upon or |
statute boUA at the tune was passed the repeal |
of tho Nation'l Bankrupt act does not revive the .
net and make It cor ttutIonal
MIR Poland Of st Juhnshury cons cntc To- the report
In ia, or of the repeal OF the insolvency net; ir m
Whist ho considered the universal drmiut Of the
people OF the state tor the repeal of all laws VIII
provided for the discharge a. II debtor in any other
way than by paving their debts. iie uid not, how
ever, quite agree with Mr fullrr ct tsThaven,
as to the cunsttutionalty Of the law,
rs he had supposed 1t tully In tho province
of any State To pass law that would discharge
debts contracted in the future, hut he equally
certain that laws could not hs enacted that snuuId
operate to relieve the uebtur from debts contracted
In tho past. lie believed II tulN competent ior n
state to enact bankrupt law even viii the nation
al law in force but such state lswwuuld bo iu
operative, long as the repeal OF the natlui al law
was force, tn, repeal Uf the national law,
the State law would 80 into operation ami would lie
In full force and cuustttutundltty. lie could no
difference between tho operation OF national and
3 state bankrupt law except In the matter uf ices
that we're cJlleetnble u, der the two. lie did not
see that the present law is open TO the objections