The weekly democratic statesman. [volume] (Austin, Tex.) 1871-1883, 1883-01-25

In reference TO tne JuulcldIy-
BY Mr.. Stratton: A bill amending
title 81, chapter %, revised statutes.
in reference TO the administration of
community property: Referred.
BY Mr.. Cooper: The following res
olution: Whereas, Faithful, honest
and efficient services should receive
proper reward and recognition; and
Whereas, The Hon. Gran NJ. Rob-
erts, retiring governor, has made the
people of the state of Texas faithful,
honest and able governor, and in his
acts as public servant has exhibited
those qualities of heart and mind that
command the admiration of mankind
and has endeared him to the people of
the state of Texas; and
Whereas, We desire to make public
expression of these our views and
feelings in proper manner; there
fore, be it
Resolved by the Senate of the Eigh-
teen Legislature of the State of Texas,
That Oran NJ. Roberts, retiring COVER
nor of the state of Texas. has made a
wise, faithful and honest public SER
want; and, in his retirement, carries
with him our sincere appreciation OF
his exalted ability and worth as man
and officer; and our best wishes for his
future prosperity, happiness and con-
tinued usefulness.
Mr.. Cooper do not deem 1t
proper that l should make
any remarks upon that resolution; on
the contrary. think it would be in
| appropriate to pass any eulogy. l
therefore move the adoption OF the
resolution.
The ayes and nays were called for,
and the resolution passed unani-
mously.
| On motion of Mr.. Stratton, the SEN
ate went into
EXECUTIVE SESSION
upon appointments recommended by
the governor in his message Wednes-
day. All the appointments were con-
I tirined.
| OPEN ESSIoN-UNFINISHED BUSINESS
BY Mr.. Chesley: a resolution grant
ing leave of absence for Judge III. T..
TOmpkins, county judge of Waller
county. Adopted.
Messers. Pope and Fowler were ex-
cused for non-attendence during the
day.
A message was received from the
governor, requesting the appointment
| of Mr.. w. III. King as adlutant general
On molten of Mr.. Houston, the SEN
ate decided to go into executive ses-
sion on the appointment Friday morn
| ing after the morning call.
Senate bill No. 81, making it compe-
tent for parties at divorce suit to tes-
tify against each other, was laid before
the senate.
1 L. kn fhnnnhf hn N
f; jority report did not fully comprehend
the bill, the object of the bill not be-
ing to increase the facility of obtain
ing divorces but to give effect to the
present law, which provides certain
| grounds for divorce. and that these
causes might not be made unavailable
for want of proper evidence. No one
is more averse to divorces than him
self, but it is well known that there
are many instances where good cause
for divorce, according to the statute
exist where the party cannot enforce
them with effect because of the imper-
lection of the law of evidence in such
cases. Crimes against the marital
rite that are by statute grounds
for divorce, are being daily enacted
b, hind the veil of private life with
only the parties themselves and GOO
as witnesses, and the wronged party
is denied his or her remedy, because
there is no means of enforcing the
rights which it was intended the law
should give. because of the defect OF
the existing law, women who have
been the victims of insults anC
ply because the law SAYS SHIT
| ~ ,Nk 20 q
either be subject to insults or wrongs
or become fugitive to an unfeelins
and upkind world, or an outcast to the
most humiliating degradation. A
scene between q wife and a strange
man, too unchaste for utterance, had
been related to the speaker by hus.
band, yet the husband had no right
of divorce, because there had been nc
witnesses to it but him.
Mr.. Buchanan-Will the adoption
of the minority report give the hus-
band and wife right to testify against
each other?
Mr.. Houston-The minority report
favors the bill and puts it upon en-
grOSSment.
Mr.. "copper" move to postpone the
present business in order to take uE
house bill providing for the payment
of the contingent expenses of the
legislature.
1t was so ordered, and the bill
passed under suspension of the rules
The Chair-The question is upon
the motion of Mr.. Davis to substitute
the minority for the majority report.
Mr.. Davis in support OF the motion
said:
| No one can deny but that the good OF
| society and the peace Of families demand
| that the marriage bond should not be sew
| cred for slight cause. There are but four
| riage enumerated in our statutes. No one
| contends that either should be repealed,
but all agree that If the cause exists di-
vorce should be granted. 1t is true that
one of the evils OF our times and one of
the blots upon our civilization Is the great
number of divorce suits; but this is not
/ due to any defect in the laws, but to the
careless manner in which theyare admin
istere and the vicious publis sentiment
| which encourages them. But Ii Is not the
| part of craftsmanship after ennumerating
certain causes for divorce to then seek to
make divorce suits scarce by excluding
the evidence and preventing the proof.
| The light should be turned on and the
seal removed from the lips of witnesses,
that the court and jury may know
whether or not the cause does in fact ex-
list. Strangers do not witness the scenes
| around the freside or what occurs in The
seclusion of home. The husband, the
wife and the children, IL any, are the only
| witnesses. The husband may beat and
wound the wife, she may show the Injury,
but seal her lips and she cannot prove
who inflicted 1t. 1t Is but 'to speak
the. word OF promise 10 the ear
and break 1t to the hope" for
the law to say to the wife, n your
husband beats, wounds, or abuses you,
you should have u divorce, but under
stand L cannot and will not grant 1t to
you unless ne calls in strangers to wit
ness his brutality, which he is certain not
to DO. 1t is said that the wife can protect
herself by prosecuting the husband for
| assault, In which case she can testify.
Imagine the husband arraigned at the bar
of justice, with the wife OF his bosom
the prosecutor aud only witness against
him. Imagine the testimony, the trial
the conviction and the heavy punishment
which an indignant jury would inflict
upon him. After this, where Is the vile
to GOT
The scenes that would occur upon her
return home are better imagined than de-
| scifbed. A bad state of affairs
Is only made worse. In Georgia the
causes for divorce are substantially the
same asin this state, while they don't have
| one-tenth cft the divorce suits. Not be-
cause the law closes the mouths of the
witnesses, for every one with knowledge
OF the facts may testify, but because they
discourage hasty and inco nsiderate resorts
10 the courts by saying that divorce suits
shall not be tried at the first term Of court
and shall not be granted except upon the
verdict OF two iuries rendered at different
Terms OF the court. In this way they dis
\ h rrlsf