The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1905-03-04

substitute Mr.. Eller introduced an
amendment repeated acts of infidelity
on the part of the husband a cause
of divorce and striking out the clause
must also abandon the wife before
/ he comes under the provisions of the
act.
Divorce Legislation Certain.
1t will be seen, therefore, that how
ever the fight on the bill goes in the
Senate, there is the surety of radical
/ divorce legislation tending to do away
with abandonment as a cause and with
other causes created since the adop-
| ton of the Code of 1888.
The Argument.
| There was no very extended argu-
! ment on the bill, although MesSrs.
Mason, of CASTOR, and Pearson, of
Burke, both made strong speeches in
opposition to the bill and in support
of the substitute offered their pos
ition being that while they were OPP
posed TO the repeal of recent laws
especially of the cause of abandon
ment, they recognized the demand of
the people for divorce legislation and
were willing to support the substitute
as compromise measure.
Mr.. Pearson, in speaking against
the bill, stated that it was in line with
the priest ridden class of legislation
which had been enacted in the State
during the past ten years." He re-
ferred to long haired men and short
haired women, stating that the bill
would be appropriate at the millen-
MUM and not before, when everybody
was as good as everybody else. He
recognized that the civilization of the
present was tending strongly towards
being run by women and preachers,
but he didn't want to see this State
follow suit Under conditions as they
prevail, said he. adultery in a man
was not the same thing asst was in a
woman, any more than cussing was as
bad in a man as in lady, and it never
would be. That was me way peo-
pie are made, said he. 1t was a per-
version of fact, declared Mr. Pearson
that the divorce evil is as bad as til
preachers make it out. AS a matt
OF fact, he claimed nine-tenths If
the divorce cases in the courts are
between negroes, only a few years
emerged from the class of cattle
property.
Mr.. Mason, in urging his substi-
tute, also spoke at some little length
and with considerable feeling. declar-
ing that laws had to be made to meet
conditions. That people were not going
to live together when they were not
suited to one another, and taht to
force people to separate and remain
unmarried was to put a premium on
immortality. In speaking of the mar
r1age relation, he stated that the true
test of whether God had Joined the
two together was not in the fact of
the marriage ceremony but in whether
or not they loved one another Those
whom God had really joined, said he.
neither law nor anything else save
death could put apart Senator Mason
claimed that the laws had been dealing
with the marriage question at the
wrong end. The time to do most good
was to prevent foolish and ill-consid
cred marriages. entered into by the
very young or for sordid motives The
ideal legislation would be. he said. a
law which would preevnt the marriage
OF any person under twenty-one years
OF age without the consent of the par
ents, and forbidding any marriage ex-
cept by minister and then only after
the license had been issued for thirty
Gays, and refusing to recognize, the |
marriage of any persons who had gone
outside the State to evade the laws
Mr.. McNinch made no speech in !
favor of his bill, contenting himself
with stating that the provision as to
placlng the man and woman on an
equality was now shared with North |
Carolina by only three States.
Mr.. Pou also supported the bill |
stating that it was in response to a |
demand, and ought to be given a /
trial, with an amendment that it
should not go into effect until August |
the 1st when the new Code will become I
operative.
Mr.. Zollicoffer expressed himself as
doubtful as to the bill from some
points of view but stated that he felt
that any amendment would kill it and |
would therefore give it his support
in the form in which it came from |
the House.
Mr.. Fleming expressed himself as |
considering that the clause putting the
wife and husband on an equality and
The other clause as to prenatal con-
1itions as constituting the bill one of |
The most lax of divorce measures.
Mr.. Eller stated that he was not |
entirely opposed to the McNinch law,
but thought that it was too stringent |
"a the hrst section, and that the re-
suit could be obtained in most cases
by the amendment which he had of |
Tered to the Mason substitute
Other Bills Acted On.
The peremptory challenge bill, cut |
ing down the number of defendants
in capital cases to twelve |
and taking away the right of the /
state to set at the foot of the panel"
was after considerable discussion re- /
ported without prejudice, several of |
the committee stating that it was a /
piece of legislation of sufficient i'm
portance to get full hearing.
considerable time was also con- |
sumed in the discussion of Senator
u elFs bill limiting the amount of /
pol tax which might be collected by /
citles to 81. 1t was finally decided to /
report the bill without prejudice it /
being understood that it would be |
by Senator O'DeI.
senator Turner appeared before the |
committee and stated that going upon |
Inc motto "fore-see the evil and avoid /
II, ne wanted to withdraw his bill I
hn L.