The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1901-02-01
CAUSE OF DIVORCES.
N. L Bowman Says It Is Law Which
Permits Any One to Marry.

At the forenoon session of the State
Bar association today three papers were
read, as follows:
The Common Law in Kansas" by
J. =. Mcfarland of Topeka; Divorce
N L. Bowman of Garnett: .-Unanimity
of Verdicts'' by Frank Wells Of Seneca.
Judge Mcfarland discussed the adop-
ton of the English common law in Kan
sas in 1855 and the repeal of that enact
ment in 1868.
He made the distinction between the
common law ana the statute law of
England, showing that the first was un-
written. while the second was the writ
ten acts Of parliament. The American
common law comes from both as shown
by decisions OF the supreme court. The
settlers who came over from England
brought with them the laws of England
then in force. But the status of Kansas,
as part of the Louisiana purchase, was
different from that of the original col
Onies. Civil law applied here originally,
and not common law until made applic-
able by legislative enactment This code
uuderlieS the whole system OF American
Jurisprudence and has been adopted
more or less by all the states. Tt meets
the requirements Of our people; and
wherever the English people are called
upon to shape affairs. the common law
viii be made the means of securing re-
dress of grievances and punishment of
crimes"
Mr. Bowman opened his address on
Divorce by a brief reference to some
pies The Hberality of the Kansas
statutes in this relation be considered
just The fault of the great number Of
divorces he believed is not with The
courts granting them, but with the laws
which permits an classes Of persons to
marry.
Frank Wells in his address on e'IInan-
unity NerdictS'' argued that three
fourths majority of a jury should be al
lowed to return a verdict Such would
require a constitutional amendment;
ed that the new rule should be estab-
hshed in Kansas He cited the opinions
of a number Of noted law writers, who
believe that a majority in juries, as
well as in other affairs, should rule. The
committee on amendments to laws then
reported through its acting chairman.
John D. Adillil<en of Mcpherson The
principal measure which this committee
favored was one by which the supreme
court might be enabled to appoint three
members of the state bar to revise the
statutes After remarks upon the re-
port in general by S F. Carver, ;. II
Allen. Samuel Kimble and r. B. WEIGH,
action was deferred till afternoon,
The committee on a more satisfactory
method of admission to the bar reported
through T.. III, Perkins Of Lawrence.
This committee had prepared a bill
which is to be presented to the legis-
lature. Some OF its provisions are that
five members Of the bar be appointed a
board Of examiners to examine candi-
dates for admission to the bar. The re-
quirementS to which a candidate must
conform are: he must be a graduate of
the State university law school or of
any other state law school having a
course of not less than three years. and
such course to be approved by the
board; or must have been admitted to
practice in the courts of another state
at least two years previous to the time
Of his application to the board. The
length of term Of the members shall be
within constitutional limits. but has not
yet been definitely determined Before
the adoption of this report S. H. Allen,
T. ". Cunningham and J. ". Green
made remarks in favor of it. Upon mo-
ton Of J. c. Slonecker a committee was
appointed TO prepare a suitable memoir
faI in honor Of z L. Wise, deceased
member of the association. The COM
mittee is as follows; M. p. Simpson and
Geo w Clark Of Topeka and +. L. Mar
tin of Hutchinson.
The following persons have been
elected to membership in the association
thus far:
Burlingame. Elmer "A. Wilson, Belle
Plaines O. f. Freeman, Topeka; H. g.
Price. Burlingame; E. Fl. Madison,
Dodge City; Compton Moore, Paola, G.
A. Stuart. Ottawa. Ansel r. Clark, Ster-
ling; George E. Mcmahon, Anthony;
Q. H Campbell. IOlas ID. II. Martin. To-
peka; I. III. Stavely, LYNDON H. @.
Leavenworth; J. c. Pollock, Winfield;
Topeka James H. Reeder, Hays City;
David Rathbone, Hays City; John J.
Jones. Chanutes Alvin r. Springer. Man
haitian J. K. Codding. WestmOreiand;
Ezra Branines Newton; Rezin 1amss