The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1901-09-30
DAVENPORT ON
DIVORCE LAWS
Chairman of Canon Committee
Talks of Work.
nay REVISE THE CODE
MARRIAGE OF PEOPLE WHO ARE
DIVORCED.

The Rev. z. P. Davenport OF Mem
phis. Tenn. high in the councils of
the Episcopal church because of his
legal acumen and thorough familiar
ity with ecclesiastical legislation. was
one Of the local arrivals yesterday. and
after remaining a, the White house
until evening proceeded on his way to
san Francisco. All inquiries concern
ing the probable action of the conven-
ton on the important issues 20 be
brought before that SJdy when It con-
Venes Wednesday were referred to DR..
Davenport by his colleagues. After
much hesitation DIR. Davenport con-
scented to give the following outline of
the convention to The Herald;
PERHAPS the question of most gen
eral interest is that of possible legis-
lation amending the canon touching
upon the marriage Of persons divorced.
The present canon of the Episcopal
church permits remarriags to persons
divorced only in the case Of innocent
parties "a divorces based upon unfaith-
fulness. Two committees-one COM
posed of bishops, clergy and lsity' and
representing both houses Of the gen
eraI convention. the other a special
committee OF the house OF deputies-will
report a canon prohibiting I'll reznar-
rage Of Divorces.
THE wide application Of such a
canon ard tbs number of persons who
canon make It probable that this will
be of great interest. certainly a fruit
ful E1b1ect of debate. No man can fore
cast the ectiCn of the convention in
this connection, however
Ratification OF Construction
"The revised constitution presented
TO ths convention in 1888 and made
known to the diocese will come UP for
ratification at this session. Many
thoughtful legal minds seriously quss-
tic whether the revised form OF con-
stitution as proposed Will sufficiently
meet all conditions and ut the same
time new ones that have arisen in
the last three years to such an extent
to make IL best to finally ratify IL
a. this convention. This subject will
therefore form leading topic in the
proceedings.
Another subject that may occupy
the house somewhat is a proposed ar
rsngement Of the diOceses into sew
eral provinces as basis OF more ef-
fective handling of interdiooesan ques-
tons. This Invoices the question of
the establishment OF a court of appeals.
II such an arrangement should be
made the representation at the gen
eral convention may be so arranged as
to reduce the membership of the house,
which at present IS larger than the
national house OF representatives at
Washington.
The proposed amendment to the
constitution providing for the estab-
lishment of court of appeals by the
general convention caused the appoint
meut at the last convention Of a spe-
ciaI commission of the house of depu-
ties to prepare a body of canons
on the subject. This commission in
cludes such men as Chief Justice Full
Ter OF the United States supreme court,
Justices Andrews and Earl of the ap-
pellate and supreme courts Of New
York, Francis L. StetsOn. general cOun-
sci for the Southern railroad, and
Chancellor Gilbert OF Springfield.
Movement For Court.
"A movement in the direction of es-
tabiishing such a court has been for
many years desired III the church. and
the narrow margins by which certain
convictions in cases of error in doc
trine were made has given rise to a
strong appreciation Of the necessity
OF such court In addition, a com
mission OF bishops. clergy and laity
viii present report covering the re-
vision of the entire body of canons.
1t would not be well TO make predic-
lions concerning the adoption of so
voluminOus a report.
80 far as the proposed remaining of
the church. there is a great obstacle
TO obtaining such action as would
adopt a name expressive ~ the his
toric continuity Of the church and her
true position as catholic, but not Ro-
man Cathcitc, and on the other hand
not the offspring of an eccleg:astfcaI
revolution in the sixteenth C 7tury.
That obstacle is the difficulty Of GET
ting united decision on the part of
men advocating such a change as to
what name should be adopted
The topics discussed viii be taJxan
up in the order presented above. whe a
the convention opens. In the deliber-
atoms on each. Dr. Davenport viii take
a leading part as the programme shows
him TO be chairman of the COMMITTEES
on canons, or legal committee OF the
cndrch' chairman of the committee on
courts Of appeal. secretary. of the com
mittee on marriage and divorce and a
member OF the committee on revision
OF the canons. AS such he refused to
discuss the questions 20 be presented
them.