The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1901-02-08
GOES BACK TG THE CODE
Magnificent Speech of Mr.. Jenkins
the Oldest Member.
BY MR.. HAYES WAS PAsSE
The Discussion Was an Interesting One. Mr.
Mclean Quoted Freely From
the Bible, and Stood
His Ground.

The GRAFTON of the session was delivered
in the House yesterday on the divorce
bill by Mr.. jenkins, of Granville. The de-
bate had gone on for more than an hour
before Mr.. Jenkins rose to speak. He had
no set speech and his remarks We're inn
promptu. He made q notable oratiOn.
He had not been speaking five minutes
before he was master of the House The
members gathered about him and cheered
him to the echo, ana many paid his ora
ton the tribute of the tear-dimmed eye.
His arraignment of the evils of divorce
his tribute TO the home, "the heaven al
ready begun below" and his parallel be-
tween John Wesley. who had a termigant
for wife, and Voltaire who tore down
the home-these were truly eloquent and
uplifting as was his picture of Napoleon
waning after he had procured the divorce
from Josephine, the only woman who
ever loved him"
The speech made the hit of the ses-
sion. When he had finished, there was
no doubt of the fate of the bill and it
passed by an overwhelming majority.
THE DIVORCE BILL.
The special order for the day--the di-
vorce bill, was taken up at II o'clock. The
original bill, as introduced, by Mr.. CATH
er, of Catawba, repeals all divorce laws
enacted since the revision of the Code
in 1888, thereby allowing divorce only on
the grounds as laid down in the Code.
Mr.. Craig's substitute as amended by
Mrn Winston. IS as follows
GaptiOu That cpptiOp 10Q5 of
Code be and the same is hereby amended
by adding after subsection ca another TO
be known as subsection (5), 10 read as
follows;
(5.) If the party complained against has
abandoned the party complaining, and
such abandonment has continued uninter-
ruptedly for at least three years, and is
deliberate and final, and the separation of
the parties beyond any reasonable expec-
tation of recoiliation; provided, that the
judge trying the case may, at any time
before verdict, in the exercise of his dis
cretiGn, dismiss the action if he be of
opinion that the divorce should not be
granted.
Sec. ?. That n all cases Of divorce
heretofore obtained, or which may here
after be obtained under any o fthe stat
utes hereinafter repealed, either party to
said action may marry again.
See. 8. That all statutes enacted rela-
tive to granting or obtaining divorce, en-
acted since the adoption of The Code, be
and the same are hereby repealed.
Sec. 4. That this act shall not apply
to pending cases.
Sec. 5. That any husband who shall will
fully abandon his wife for the term of
three years, as set forth in section one,
or any wife who shall wilfully abandon
her husband for three years, as set forth
in said section one of this act shall upon
conviction be fined or imprisoned at the
discretion of the court and it shall be
the duty of the solicitor for each judicial
district to send bills of indictment to the
grand jury against all such persons.
AR. Smith. of Gates. withdrew his
amendment
MIR. SIMMS' SUBSTITUTE.
Mr. Simms offered the following amend
ment. which was considered as substi-
tute measure:
Amend House Bill No &c by substituting
the following:
The General Assembly of North Caro-
lima do enact:
Section l. That all statutes amending
section 1885 of The Code. relative to grant
ing or obtaining divorce enacted since
the adoption Of the Code be and the
same are hereby repealed.
Sec. ,. That this act shall not apply to
pending cases.
Sec. 3. That this act shall be in force
from and after its ratification
MCLEAN QUOTES SCRIPTURE.
Mr.. Mclean, OF Scotland, opened the dis
cussion on Mr.. Simms' substitute, he
havin gthe floor from the debate of Tues
day. He began by saying that he thought
this the most important measure that mad
come before this Legislature, or that
would come before it, in all probability.
I'VE have come before the House on
questions OF a political. financial, or So
cal nature, but today We are discussing
matter that concerns the souls of the
people of North Carolina. These lawyers
have read. a good deal from books they
are familiar with; now I am going TO read
from the only book with whca | am well
acquainted. the Holy Bible containing
the laws as laid down by the great Law
givcr for our guidance"
The speaker then read FROM Ezekiel,
chapter SO, and added: I'VE have been
chosen as the watchmen OF the people of
North Carolina and we see the most
damnable thing that could assail them
creeBing up laYity in the marriage tie. "