The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1903-03-07
THE DIVORCE BILL.

THE DIVORCE BILL.
The divorce Bill" of Representative
Self was next taken up. On motion Of
Senator Hoey, amended by Senator Lon
DON thrifty minutes was given TO each
A husband without wife, wife With
out a husband and no divorce to be had
was a condition that invoked pity. "A
deserted wife had her burdens to bear
in social life, while if a divorce was to
be had it might be happy home which
afterwards she would grac. With this
statute on the books cases need not be
brought into courts and scandals aired.
Senator Baldwin offered an amendment
to the bill. which had once passed the
Senate and had been lost in the House.
1t was lost.
Senator Henderson spoke against the
bill He said that two years ago a
similar bill to the one presented had been
killed. Two abandonment acts had been
passed one in 1896 and one in 1899 These
were each to relieve one case. The
present bill was brought here for the
relief of two or three. He said that the
bill was not to provide for general cases.
1t did not give relief TO the pure and
virtuous woman, but to the worthless
man. The bill was not to keep divorce
suits out of court. but only to avert the
details of causes for divorce now in the
law
Such a law would bring ? laXity Of
morals in North Carolina equalled no
where under the sun. Marriage is sane
toned by the Bible. The Jews allowed
divorces for many causes but it was
not for abandonment. he quoted the
Savior's words about a bill of divorce
ment and spoke earnestly Of the evils
arising from divorces. Our criminal
laws are based upon the Ten Command
ments. and when a law is made against
adultery it is from the Seventh Com
mandment.
To the sixteenth century there was
no divorce Then it was the cause be-
fore the marriage, some disability some
incompetency, that allowed this. There
were no divorce laws in England until
1857 and in North Carolina until after
1914. North Carolina made these under
the common law and there were none
of these divorces before, no court having
Jurisdiction The first divorce for the
Scripture cause in North Carolina was
declared void, because it was granted
before the law was made and that was
not retroactive.
Here Senator Henderson quoted from
an opinion by Judge Pearson in what Is
known as the Dickinson case, making
its application clear as to the inyahdity
OF an ex post factO law.
Section go of the Code. he claimed
gave divorce He declared that he did
:, Of
wanted any such law. and the ministers
did not want anything which tended to
laxity in marital relations If this law
is to relieve a few, why not make it a
perpetual law that will give relief to
all?
The loose laws tolerating divorce, he
said. tended to immortality and it would
be of vast injury to have such laws in
North Carolina.
Senator Gillian spoke for the bill. He
said he did not consider it a bill for the
relief of worthless husbands, but a hill
for the relief of good women abandoned
by profligate husbands, hundreds per-
haps thousands of whom are crying for
tn" relief afforded by this bill It was
not bill to make divorces. but a bill
to give relief that is sadly needed.
Declaring that it did not make for di-
vorce. he said it was impossible to con-
ceive that il would relieve a worthless
man and not an innocent woman
The only other argument was that Of
the lowering of moral sentiment. but OPP
posed to this would be the actual relief
10 the innocent who suffered The act
he declared, was well guarded 1t was
framed most carefully. It gives the
Judge the right to set aside the verdict
of the case is not meritOrious
Senator London said that he differed
from Senator Gillian, and that it was
not a bill to give reliefNto The innocent,
but to relieve worthless men. On the
statute books is a law erantng divorce
from bed and board. but It did rot give
the opportunity for d new marriage
Gillian FOR the projection Of So
ciety do you not ihink tha.t an absolute
divorce would be preferabld?'
London Il do not REGARD any divorce
as to be preferred This Bit ENCOURAGES