The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1903-01-31
EASY DIVORCE IS A
BLOT ON THE STATE
Senate RepeaIs the Abandon
ment Divorce Law.
NOW GOES TO THE HOUSE
Senator Glenn introduces Joint R, solution 10
Investigate State Asylums as He Has
Heard Rumors and Talk Con-
cerning Them.

SCIHiHS iHcHi'
The proposal to make chanes in the
abandonment divorce laws of 1895 and
1899 yesterday took a new turn in the
Senate.
Senator Baldwin, of Forsyth, had in
! troduced a bill providing that the parties
| against whom such DEGREES had been rem
dered should be permitted the right to
! marry again This went through it's sec
ond reading after a favorable committee
report and yesterday came up for its last
reading in the Senate
Senator Henderson spoke first on the
Dill, and his speech was mainly that the
divorces granted under the Acts Of 1895
and 1898 were unconstitutional and void
because they were in the nature of e1.
post facto laws. In support of this
position he quoted authority and said
that If any appeal should be made TO
the Supreme Court on such divorces he
believed they would be so declared.
Before 1914 he said North Carolina had
no divorce laws, and that then one was
passed for the old and scriptural cause,
but that Chief Justice Taylor had de-
cided that for causes and separations
before the act it was ineffective. ut is
! a singular things" said Mr.. Henderson,
that this view has never been discussed
eq4 o. pIBSeI qllM puUoIBO pLoN III
present abandonment divorce laws"
With regard to the bill proposed by
Senator Baldwin he declared that If il
was adopted, that the Acts of 1895 ana
1899 ought to be repealed also. "They
are disgrace to the State" said he.
"and their repeal will work a hard
ship on no one" He held that they have
almost expired as they provided for dI-
vorces for abandonment occurring prior
to their passage, and as one was eight
years old, the other four, limitation had
nearly, If not quite, repealed their use.
Under these acts, he argued, there was
nothing that kept the offending party
from going to another State and mar
rying, and it was held by some that
they could marry in North Carolina. This
was a void marriage, he said, and was
violation of the law.
Senator Henderson then presented an
amendment repeating the abandonment
divorce laws of 1895 and 1899, this to go
into effect after the first day of January
19C4, except as to cases pending at the
date OF such repeal. The amendment was
accepted by Senator Baldwin and was
adopted with the bill he had presented.
Senator Baldwin, in accepting the
amendment, asked Senator Henderson
if he would vote for the bill The re-
ply was mo, but 1 will not fight it,"
Senator Wellborn considered the matter
of too great Importance to be tackled
on as a rider, and wanted the bill to
go to a committee, but his view did
not prevail
Senator Baldwin again spoke on his
bill He said that Senator Henderson
had shifted his ground and no longer
opposed the bill on moral grounds, but
OH constitutional. He held that the bill
was constitutional as it lessened pun
ishment and did not increase it. Being
opposed to divorce laws he accepted the
amendment to repeal the abandonment
acts.
Senator Mann, in response to Senator
Wellborns remarks. said he saw no rea-
son for delay. He declared the divorce
laws referred to were a blot on the
statutes and shame to the State. The
people know of these through the press
and the pulpit and were anxious to see
them done away WIN.
The bill. with its amendment, passed
the Senate and now goes to the House.
1t repeals the Acts of 1895 and 1899, pro-
vding for divorce for abandonment and
also allows the party against whom the
decree is recorded the privilege of mar
rying three years after the decree is
made. The repeating clause goes into
effect on January 1st, 1904, if the House
concurs.
Senator Glenn offered Joint resolution
providing that the Joint Committee on
Insane Asylums be authorized to visit
and investigate these institutions. He
said that he had heard rumors
charges which should be looked into and
that for this reason he asked for this
authority without it no investiga-
tion that would investigate could be
made. He did not believe what he hac
heard, he said, but thought it wise to
examine into these runlors which came
from the talk of various people.
Senator Brown objected to a commit
tee OF unlimited size, and said that if a
committee was necessary it should have
power to send for persons and papers.
He wanted an amendment to this effect
and Senator Glenn agreed. With this un-
derstanding the bill went over and will
come up later with the suggested
amendments.
SENATE-TWENTY- FIRST DAY.
The Senate began its session ar eleven
o'clock yesterday morning, Lieutenant
Governor Turner presiding. Rev. d. 2.
Goode led in prayer, and the usual mo-
tion to dispense with the reading of the
Journal of the preceding day was made
by Senator Goduil.
Then came ropo:ts of c)mmittees on
bills taken up later Following the Ire-