The weekly democratic statesman. [volume] (Austin, Tex.) 1871-1883, 1883-01-25
rc0utinued from Second rage.I

chairman says uo uNOhNSo McAC pSA-
a fristine giri~as IS sometimes the case
marries brute, believing him TO be a gentle
man. Instead Of sneeti3n anu kindne SIS
hands. He heaps curses on her head, he
drives her with blows and stripes from their
home Does reason and justice, or does any
sound public policy say thai this poor woman
should be denied any relief from this unfOrtu-
nate marriage and be forever barred from the
right TO form other family ties?
SOmetimes wives commit offenses against the
marital relations that no man OF any self re
spect could condOne or forgive. Does that
sound public policy demand that men so stu
ated should for the remainder Of their days
live as social outcasts-wifeless and homelessY
The laws OF South Carolina which allowed no
divorce for cause arising subsequent 10 s .nd
marriage were unjust rs well as absurd anu
though her Judges still wear robes, WlRs anu
black caps. because their foreiathers llu' we
are glad to know that even South Sar3llna mas
discarded her former laws ana Is abreast OF
her sister states, In regard 70 the law OF VI
vorce. Il was doubtless the knowledge OF
the evil OF her old laws that hiaq i, our mrs.
earnest advocate and liberal eXpounder of the
divorce laws OF this state. England, to which
our learned chairman refers, was once
The law OF marriage, divorce and alimony
were received from papal Rome ana expOind-
ed and administered In eccleslaStlcal courts,
presided over by priests under vows OF celibaey
and who OF all men were least likely 10 have
rational views OF what the conJugal relallons
were or should be-. These bachelors OF the
Church devised such proceedings as suits 10
specifically enforce marriage engagements, 10
restore coniugal rights, jastitatiOn OF mar
rage, divorces n mensa et thorO, and similar
Rbsurdities. In this way, in divorce as well
as other branches OF jurisprudence, England
got bad start. and much should not De eN-
pected OF her.
nal cases not by law or testimony, but by
wager Of battle and the ordeal OF water and
Ore.
trying the women for witchcraft. The laws,
such as they were, were written aud eX-
pounded in a barbarous Iargon unknown to
man who could write and who should be
presumed to best know the law, was exempt
from all punishment by reason OF something
England has made toward reform aud pro-
gress, there have been learned lawyers with
minds warped by custom and prejudice 70
protest against all change and cry out, Dan
gerous Innovation" A few years ago In this
state the fact that citizen was on cost bond,
or the defendants bail bond, debarred him
sought to be changed, many learned lawyers
then As now protested against change and
raised the cry OF Dangerous innovation"
upOn the customs that prevailed IN England In
We have examined the statutes OF Georgia.
Virginia. Alabama, Maryland, Arkansas, Iowa.
OHIO and Wisconsin. While all Of them now
allow parties to civil suits TO testify, but one OF
them (Mnryland) makes divorce suits an eN-
Inc fact that divorces are hard to obtain
does not tend to discourage lmprov1dent mar
riages. Marrying and giving In marriage
even goes on extensively In countries where
there are no divorce laws. Marriages are con-
tracted by the young, the sanguine, the trust
ful, the tl5lsstless. IL - ia TACT about the
only binding contract That the law permits
minors to enter into. The old are not more
discreet than the young In contracting mar
RIGGS, for Of all fools, old fools are said 10 be
il Is urged by the majority, and aside from
wlfat England, South Carolina and New York
have done, i Is the chief point OF their arsil-
ment, that II the parties were allowed to tes-
tify. h would expose TO the world, the conf
Dental communications between husband and
wife. Confidential communications not being
any cause for divorce, are irrelevant to the
Issue and there's not great deal In the argu-
ment. The same may be said Of confessions
and admissions Is " tssf Srge 9o 1hdt II
pose the domestic relations existing between
husband and wife, which Is quite likely, for
they above all others know best .. what these
10 ascertain these relations and to know
whether they are such as should DO continued
In regard TO the facts at Issue, the husband
and vile are the best witnesses, because the
best informed, and how long will our laws fol.
low the unreasonable precedents inaugprated
In England In the days OF barbariSm and shut
on the light and close the mouths OF witnesses
60 the very facts in issue?
III the uuSDdllU ASSdullS uuu DCdlo tilc Wlltl
ne Is guilty OF a penal offense, and has also
done that which entities the wife to divorce.
In a prosecution for the assault, the wife Is
a competent witness, because that Is neceSSa'
ny for her protection. In proceeding for dl-
gorce on account OF the same assault, Is 1t not
equally necessary that she be given the same
right, that she may obtain justice? We should
not seek to do as our ancestors did In all
things. They had no railroads, telephones,
telegraphs. printing presses or steamships, but
this is no reason why we should not, Men once
roamed the forest with no better projection
from the Wild beasts than frazzle-ended club
twisted from tree because Use they had neither ne
viii our English fathers had neither floors
nor chimneys to their houses. but built theiI
nres In the center Of tue E9om ana ND Let inc
Alfred the Great. our Saxon ancestors did not
know the use of the coarse or hne-tOothed
ter. History relates that they could not live
on terms of peace with the Danes, because the
Danes washed their faces, brushed their whis-
kers and eom6ed their heads, and by such
arts ontshone them in the presence OF the la
dies.
The majority of our committee, with all
advise the Imitation of our saxon ancestors in
this regard. We. therefore, recommend Its
passage.
w. q. DAVIS,
ASA Z. STRArroH, JR.
Public Health.-By Mr.. Stratton,
chairman: Favorable report on sem
ate bill No. 81, regulating the practice
of dentistry in the state of Texas.
Contingent Expenses.-By MI, Coop
er, chairman: Favorably on house bill
No. 81, making appropriation todefray
the contingent expenses of the elgh-
etenth legislature.
Unfavorable report on house bill
No. ga, making an appropriation for
the mileage and per diem pay OF the
members. officers and employees of the
eighteenth legislature, the objects of
the same having been accomplished
by house bill No. "a, already recon-
mended.
Roads and Bridges.-By Mr.. Perry,
chairman: Adverse report on senate
bill No. SO, requiring an opening In
every five miles of fencing in the
state.
Public Printing.-By Mr.. Evans.
chairman: Recommending the pas
sage of senate joint resolution No. "a,
relating to printing 1000 copies of the
general laws passed by the sixteenth
legislature, general and special session
and like number OF copies of the
general laws of the regular session of
the seventeenth legislature.
Unfavorable report on senate joint
resolution No. /. of the subject mat
ter of the preceding resolution.
Favorable report on senate joint
resolution No. 2, authorizing the
printing of 5000 copies of Gov. Rob
ert's message, 1000 of which to be
printed in German.
Engrossed Bills-By Mr.. Martin.
chairman: The correct engrossment of
senate bills No. 10. 13, II, "a and 80.
Public Lands-By Mr.. Matlock,
chairman: Recommending the pas
sage of substitute house bill Nos.
6 and IS. withdrawing the public
lands from sale, with the following
amendment, striking out all of the
motion after recover" in line twenty
seven, and insert, "for the purpose for
which said land was originally set
apart and designated by said act; pro-
vided, that nothing herein contained
shall suspend the operations of the
general land Office in the issuance of
title to surveys already made in ac-
cordance with law, or purchases al
ready made in pursuance with law"
Judiciary No. by Mr.. Buchanan,
for COMMITTEES: Recommending sub
stitute for senate bill No. l, giving
orders of sale for closing liens upon
real estate, the force of writs of resti-
tuition.
LIEUTENANT GOVERNORS ADDRESS.
The Chair-I have the honor to pre-
sent the lieutenant governor of Texas,
the presiding officer.
Lieut.. Cos. Martin. upon receiving
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