Audubon Republican. [volume] (Audubon, Iowa) 1894-1925, 1903-07-23
REroRM in MARRIAGE LAWS.
Bar Association Opposed to Marriage
OF Deuenerates but Defe-s Action.

OF Degenerates Dur Defe-S Action.
Des Moines, July 17.-After a siren
uous session, in which a majority Of
the lawyers present led by Judge Wal
Ter !. Smith of Council Bluffs, express
ed themselves as opposed to restrict
ing marriages, the Iowa State Bar
association yesterday went on record
as opposing the marriages of mental,
physical or moral degeEerates, but at
the same time refused to pass a mea-
sure restricting marriages SO that per-
sons of weak or unsound mind could
not procure license.
The matter was brought up by the
law reform committee, the report OF
which was presented by Judge L. G.
Kline. The committee reported fav
,oring the restriction of marriage II.
cense issuance so that the county
clerk could refuse to issue a license
to any person whom he knew or be.
lieved to be of weak and unsound
mind. Judge H. M. Remley of Ana.
mosa was the author of the measure
and championed it; while it was op.
posed by Walter |. Smith of Council
Bluffs, Judge c. L. Nourse of Des
MOines, Mr.. Maybury of Centerville,
George H. Woodson of Oskaloosa and
other attorneys, members of the state
association. !
Judge Walter J. Smith led the OPP
position, declaring that the great men,
ace to society is not from the people
living together, in marriage, but from
people living together outside of mar
riage; and that any such measure of
restriction as proposed by Judge Rem.
ley would lead to illegitimate unions,
il 1T prohibited the parties from liv-
ing together legally. Judge Nourse of
Des Moines then spoke in favor of re-
stricting physical, rather than mental,
disabilities and said if any thing
should be done it should be the APP
pointment of medical commission to
examine the wouldbe bride and
groom, physically, and stop physical
degeneracy and mismatement.
Des Moines, July 1S.-Associate
Justice David J. Brewer of the United
States supreme court held the strict
est attention of large audience in
the hall of the Young Mems Christ
ian Association yesterday as he de-
livered an eloquent address on the
Triumph of Justice" before the Iowa
State Bar Association. He traced the
triumphal progress of justice marking
as one of the first mile stones the
time when right succeeded might in
the government of the people. The
coming of the judge marked an i'm
portant step, the courts of arbitra-
ton and the rights of the individual
citizen had all lent their influence in
bringing about the better conditions.
He said that the restraining power
of an injunction should never be done
away with for it. was better to pre-
vent an evil from happening than to
punish the guilty after the deed was
committed
Among other pithy sayings by JUS
tice Brewer were the following:
To take away the restraining pow.
er of an injunction is a step back
ward toward barbarism
The restraining power of the court
of equity is more valuable than the
correcting power of a criminal court.
Laboring men at times are opposed
to injunctions, but they will come to
see that there is no thought of re.
straining them in their rights and
liberties, but only to maintain order.
We should educate by restraint
more than by correction.
Divorce suits should be conducted
publicly. Although there are unpleas'
ant disclosures and revolving facts
brought to light, it is not the purpose
of the law to conduct trials secretly.
Better no divorces than divorces
granted secretly.
Appeals of sympathizing friends
should not be influential in granting
pardon.
Officers for the ensuing year were
elected as follows: President, George
W. Wakefield Sioux City; vice-pres-
dent, A. E. Swisher, Iowa City; Sec
rotary, Sam S. Wright, Upton: trea-
surer, George F. Henry, Des Moines.