The Providence news. (Providence [R.I.]) 1891-1906, 1901-03-30

Walter ". Barney appeared before the
Senate judiciary committee yesterday af-
ternoon and pointed out what he called
grave defects In the act, as he saw them,
and 1t is said his views had powerful
effect.
His suggestions were so strongly pre-
sented that tho committee realized that
the act must be amended and sent back
TO the House
This would. II IL claimed require far
more time than could there and then be
given 10 the act and IL was returned to
the file box until next November.
MR.. BARNEYs VIEWS.
Mr. Barney today gave 10 The Evening
News the following statement. IL is a
condensation OF his argument before the
Senate judiciary committee:
Chapter 1876 OF the general laws is en-
titled. "On Divorce"
Sections / and ? specify the causes for
which a divorce from the bond of mar
riage may be decreed.
Section provides that divorces from
bed. board and future Capitalization"
may be granted for any of the causes for
which by law. a divorce from the bond
OF marriage may be decreed and "for
such other causes as may seem 10 require
the same"
'In case OF such divorce the court may
assign 20 the petitioner "A separate main
tenance out OF the estate or property OF
the husband or wife as the case may be.
in such manner and ON such ground as II
may think necessary or proper"
Section 10 is as follows: mo petition
for divorce shall be granted unless the
petitioner shall at the time of preferring
such petition be a domiciled inhabitant
OF this state. and shall have resided
therein for the period of one year next
before the preferring or such petition"
The act now pending before the general
assembly and which was not passed yes
terday by the senate, attempted TO in
crease this one year 60 two years by
amending section 10 by striking out zone
year" and inserting two years
FROM BED AND BOARD.
Section 8. however. OF the pending act
provides that whenever the word divorce
occurs i'm this act IL shall be deemed TO
mean divorce from the bond of mar
rlage."
II the act had passed. ~ would have
been necessary for "A person to reside in
the state for the period OF two years be-
fore prefcrring n petition for divorce
from the bond OF marriage. but. iras-
much as section 10 OF chapter t95 under
the new act would have applied only 10
divorces from the bond OF marriage,
there would have been no provision linn
iting the time Of residence required for
preferring a petition for divorce from bed
and board. consequently such an action
could have been brought. the same as
any other cause i'm equity by any per-
son whether a resident or not Of the
state, provided service could have been
obtained lspon the defendant within tho
state. or provided the plaintiff dwelt with
I'm the state. however short that residence
may have been before the commenceme 1r
OF the action. consequently an action for
limited divorce, with power i'm the court
leaving it to deal with the matters ofsep-
arate maintenance out OF the estate OF
either husband or wife and custody of
children might have been commenced.
If the act had passed. by 2 person who
did not even pretend 60 reside within the
state at all or who had just come within
the state and set up "a residence tho same
day that the petition was preferred
With regard 10 divorces OF this kind
tho Rhode Island law would under the
proposed act. have been by far the loos-
est OF any in the United states
WOULD NOT WORK REFORM.
Mr.. Barney continued by saying that
proVldiug the bill asked for iu the first
Instance by the clergy and others had
been passcd. not ono of the reforms ask
,d for could have beer brought about.
The court he contcnded could have
been imposed upon lust as well under n
TWO a. a one year residence clause. The
same causes which induced people 10
como here from New York under the ono
y,--f--spe.t4ld influence than under n two
year provision
More than two-thlrds Of the states re-
quire a onc-ycar residence only. Of the
remainder. Mr.. Barney says. Indiana
calls for three years. some OF the other
states tRo wears and the remainder. with
the exception OF South Carolina, which
has no divorce laws &C all provide for
"a residence ol from three 90 six months
Ia this statc the one-ycar provision