The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1905-01-26
SMALL CHANGE
IN DIVORCE LAWS
Meeting of Judiciary Com
mittee Yesterday.
ABANDON M ENT STAYS
LOnQ Executive Session at Which the
Various Divorce Measures Are
Gone into. McNinch Bill Not APP
proved. Committee to Draft
New Bill.

The House Committee on Judiciary
met yesterday afternoon in the Su-
preme Court Library and for over
three hours wrestled with the question
Of the several divorce bills pending be-
fore the body.
AS IL result the present law was
practically recommended for re-enact-
ment, including all of the sections OF
the Code of 1883, and the abandon
ment act az it exists in the laws of
1903 with the exception that it is
amended SO as to read that a divorce
she'll in no instance be granted upon
the unsupported testimony of the
plaintiff: and excepting the act making
refusal on the part of the wife of
Il contamination of the marriage for
twelve months cause of divorce. That
law, passed TO meet u special case,
was at first Included in the program
of the committee and then for no APP
parent reason was recOnsidered on mo-
ton and almost unanimously failed of
Endorsement.
Mr.. c. NJ. Busbee appeared before
the committee asking the re-enactment
OF Il law which creates as Il cause of
divorce the barbarous and inhuman
treatment of q wife who is q native of
the State residing in Il foreign State
with her husband, after q residence in
North Carolina of twelve months. on
the objection of Judge Graham an
amendment was put into this bill so
that it should read that the wife
should have not only been inhumanely
treated but should also have been
abandoned.
Another bill. relating to certain dis
eases on the part of either party TO
the marriage being ground for divorce
in cases of contagion, was supported
by Mr.. +. j. Justice and met with the
approval of the committee.
The committees action during the
afternoon was taken by sections on
the Code of 1888 and the laws passed
subsequently thereto, the bills before
the House being considered as amend
mcnts 20 the existing laws.
After the vote on the various prOpo-
Sitions had been taken Il sub-commit-
tee was appointed TO draft a bin which
should include the several recommen-
dations of The committee. The sub
committee is composed of Chairman
Wnborne, Mr.. Murphy, of Asheville.
MIR. burlington, Murphy OF Rowan,
and Mr.. McNinch, these gentlemen
representing the various phases of
opinion in the committee on the ques-
ton of divorce legislation.
Mr.. McNinch, whose bill providing
for return To the provisions of the
Code OF 1889, except as it removed the
discrimination now existing in favor
of the husband regarding a single
act Of unfaithfulness, gave notice that
he reserved the right TO fight for his
bill on the floor OF the House although
the sentiment of the committee was
against il by Il vote of II, to II.
The discussion Of the various bills
consumed much time and was par
ticipated in AT one time or another by
practically every member of the COM
mittee. In particular was the discus
sion led by Mr.. McNinch, in support
OF his own measure ana by Mr.. Fow-
Ter Mr.. Feimster and Judge era
ham, in behalf of certain provisions in
the Code law or provided by the sew
erat bills which have been intro
duccd.
Judge Winhorne. in supporting the
bill advocated by Mr.. Busbee, stated
that white he was not in favor of
the repeal of the apparent discrimina-
tor against the woman as ii not APP
pears in the laws he was in favor of
such divorce legislation as would pro-
vide means of redress by the sever
ance of the marriage ties for the Wo-
men whose lives We're rendered inJol-
cradle by the neglect and abuse of
shiftless husbands.
Range of The Discussion.
Mr.. c. NJ Busbee spoke at the con-
vening Of the committee To the bill
which provided that the provisions of
Chapter 20, Laws OF 1899, making
cruel and inhuman treatment of a
Wife who is Il native OF the State, bur
who has married ana gone outside the
State, 81 cause OF divorce in cases
where the woman has been residing
T. n fnt id Of ralV -.
months, should be extended so as to
cover al cases arising prior to the
present time. Another bill, to the
same effect except that the provisions
We're made permanent, had been intro
duced by Judge Winborne. Mr.. Bus
pee, who was appearing for q certain
client expressed himself as being in
faVor of either act, and in the course
OF his remarks referred feelingiy TO
the plight of women maltreated by
their husbands and contended that
they We're entitled under such cOudi-
TONS TO an absolute divorce. Divorces
from bed and board he declared, and
separations were if anything n danger
rather than an aid TO the morality of
a neighborh0od.
Following Mr. Busbee Mr. Justice
| spoke TO the committee upon u bill
which had been introduced in the
session OF the committee. Mr. Justice
however, was permitted to explain the
provisions of the BILL which were af-
forwards acted upon faVorably as
above stated. The bill provides that
where either party has separated from
the other on account of the contrIc-
tlon of disease from which the other
party was suffering at the time of the
marriage. the innocent party so sepa-
rating for such cause shall be entitled
to a divorce
IN the course of his speech Mr.. Jus
tlce referred to the contentious of
tnose who are seeking to apply the
BlDllcal rule to divorce legislation
While expressing himself as in favor
OF aGherence as far as possible to the
Blpie authority he stated that I'VE
don I obey the Bible when it reduces
us TO absurdity. To deny the right To
divorce in all cases where it is not
speelhcally conferred in the teachings
or christ is to carry the doctrines of
! me Bible bow shot beyond the Bible.
me man. said he. who might step
: aside into occasional unfaithfulness