Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1905-03-24

it i'm case of any will being made; and
1 trust that the motion will prevail
and that this matter will be indefinite.
ly postponed and the law allowed tt
remain as it is and as 1t has been fol
years in Massachusetts and in this
State.
The question being on the indefinite
postponement of the bill, the motion
was agreed to.
On motion of Mr.. Balleau of Lewis
ton, bill to amend Revised Statutes re-
lating to proceeding for divorce, was
taken from the table.
Mr.. BALLEAU: Mr.. Speaker. this
Dill simply adds to the numerous
causes for divorce on the statute books.
another cause, to wit. insanity. l do
not believe. Mr.. Speaker, that the peo-
pie of this State want this other cause
added Tow to the numerous causes for
which divorces are so easily obtained;
and for the honor of the people of the
State of Maine I move you that this
Dill De now indefinitely postponed.
The motion was agreed to.
on motion of Mr.. Josselyn of Port
land. bill. to prohibit use of titles APP
piled to banks and trust companies by
other than those duly authorized, was
taken from the table.
The bill was then passed to be en-
crossed as amended.
On motion of Mr.. Philbrook of Lis
bon, resolve in favor of Widows Is
land was taken from the table,
The resolve was then read a second
time and passed to be engrossed.
On motion of Mr.. Merrill of Skowhe-
gan, bill relating to testimony when
party is executor or administrator.
was taken from the table.
Mr.. MERRILL: will read the bill.
IAN Act to repeal Section liz of
Chapter "a of the Revised Statutes in
relation to the taking testimony when
the party prosecuting or the party de-
Tending is an executor or administrat-
or.
BE it enacted by the Senate and
House of Representatives in Legisla-
ture assembled as follows:
Section 112 of Chapter 81 of the Re-
vised Statutes is hereby repealed"
The statute provides now that where
the party prosecuting or defending Il
suit is an executor or an adminiStrat-
or of an estate. that the opposite party
shall not be allowed to testify as
against the dead mans estate. Now
this act provides that that law shall
be repealed. For great many centu-
ries, and late into the past century
which has just closed, litigants, being
SO much interested in their cause
were not allowed to go on the stand as
witnesses. But the good judgment of
the Legislature of this State gave to
all parties interested the right to tes-
tify in their own behalf except as this
provides. where the other party is
dead. Now, this opens the door to
this,-that when a man dies somebody
comes up with d claim against him and
is allowed to be a witness in all mat
tiers and to testify to whatever he sees
fit, while the lips of the other party.
who is presumed to know the most
about the affair." have been closed by
death, and his estate is subjected to
the attacks of a class of men who may
not be absolutely honest and who, by
the provisions of this act. can go into
court and swear as they see fit against
the dead mans estate.
hope, gentlemen. that we will not
sit by and see SO ubiquitous a bill rs
that passed: and 1 move that it be in
definitely postponed.
The motion was agreed to.