The news & observer., 1897-01-29
THE DIVORCE DISCUSSION

Muddy Greek and Cleark Greek town
ships in same county.
THE DIVORCE DISCUSSION.
Mr.. Abel opposed the repeal of the
law. 1t was passed by ''lhe Reform
Legislature of 1895" and was the best
thing done by that body.
When a wife or husband is abandoned
divorce ought to follow. In my county,
a wife lived Just opposite to her hus-
bands for sixteen years. After this law
was passed, he got a divorce. 1t was
right to give him freedom. and il Il was
right for him 10 have it, others similarly
situated ought to have relief.
Mr.. Smathers opposed the substitute
He failed TO see why certain classes
could get relief for two years, and then
deny relief to others. The Constitution
forbids the Legislature granting any spe-
ciaI divorce. He wanted the law to stand
with the limitation stricken out. He
believed desertion by either for two years
was sufficient ground for divorce
Mr.. Whedbee said if it was a good law
two years ago, it is good now. He knew
several women who have become ill
married. They have gone to degradation
and disgrace. Sudh a law would have
saved them. The law ought to apply to
the future
/ Mr.. Geddie said the law of 1895 that
permitted these divorces ought never to
have been enacted. He protested against
lowering the standard Of morals. Matri-
mony was st'tutcd of God and in the
tune of mans nnOcency We ought not
to make any additional causes Of divorce.
| Mr.. Mccarthy said the report from the
judiciary committee was not unanimous.
The bill Is a disgrace and an eye sore to
the State
! Mr.. Butler read the law The bill
is a mOnstrous proposition. Sometimes
it is very difficult to tell which deserted
the other, He told the case Of brute Of
a man I'm Sampson county where a wo-
man was forced to leave her home from
| cruelty, and her husband was given a
divorce and it was denied her.
MIR. Justice made an earnest, able. con
vincing and unanswerable argument for
| the substitute, combating the so-called
| liberal ideas for divorce. He read
from Judge Ruffin and other great lights
i'll support of his position.
Mr.. Justice said the law of 1895 was a
case law. 1t has been argued il it was
a good law then, it is a good law now.
1t was a bad law then--it will always
be a bad law.
Extracts from the opinion Of Judge Ruff
fin in the case of Wilmington VS.. Whit
tington (vol. p were read. This dec.-
sion is SO clear and so able an argument
that we wish we had space to print it
in full. Mr.. Justices comments were
able and true.
Mr. Anthony said societies are being
organized for the protection Of dogs, cats
and horses. is it not right to have some
| sympathy for the people who are unhap-
PLY married?
Mr.. Whedbee said that in Judge Ruff
fms day, women had not risen to the
position she occupies to-day. Women are
driven to wrong if narrowness on divorce
is continued. They ought 10 have liberty.
Mr.. Anderson favored the substitute in
a speech.
Mr.. Moye said this bill was introduced
to fit particular case The nearer we
go to the Bible the better off we are. Ii
you pass this bill, you viii have to in-
| crease the number OF judges to try the
divorce cases.
Mr.. Grant said the act of 1895 was
enacted to meet a very meritorous case
in Wayne county. 1t was first tabled in
the Senate; then personal appeals were
| made to Senators to take from the ta-
bic to pass it. There Is a man who has
been deserted by his wife, who is waiting
now for tihe time to expire to bring action
for divorce under this act He favored
it.
The vote was taken on Mr. Buffers
substitute to repeal the act OF 1895 per-
mitting divorces for desertion for two
years, provided no action can be brought
except for cases already pending. The
substitute was adopted by a vote of q
to is.
On the third reading, Mr. Abel offered
an amendment providing that in all cases
that have been divorced under the act of
| 1880, both PARTIES may re-marry. Mr..
| Butler favored the amendment.
MIR. Scales opposed the amendment be-
cause he did not believe the guilty parties
should marry again. Mr.. Parker, Of Ala
| nance, thought the evils that had been
spoken OF were remedied by the bill it
self. He had opposed the original bill
and the substitute Cases already pend
ing ought to be permitted to continue.
To repeal, without providing that it shall
not apply to parties now in court, would
be acting in bad faith. Young people
ought not to be beset with peculiar tempt
atlOns, neither being married or permit
ted 10 marry. He plead that all the par
ties ought to be permitted TO re-marry.
and cases now pending ought to proceed.
Mr.. McNeill replied, saying the bill ought
to be repealed straight. MIR. Ray moved
to re-refer. Lost. Mr.. Sharpe, of Will
son, thought if the law was wrong, Mr.
AbelFs amendment would be wrong.
| Mr. Ray made an earnest, eloquent and
| vigorous argument for referring the bill
and against the proposition to repeal the
Law of 1895. His argument had the fire
of the oratory that made him famous in
| 1895
Mr.. AbelPs amendment TO permit both
parties divorced under the act of 1895
to re-marry was adopted by a vote of 40
to s.
Mr.. Abell's amendment excluding all
actions begun prior to the passa ge of this
act was adopted by vote OF 80 to 6.
4 I 4 m