Evening star. [volume] (Washington, D.C.) 1854-1972, 1906-02-22
Vice President Munsen Presides.

Governor Pennypac ker was called to Har-
rsburg, Pa, this morning and in his alb
sence c. La Rue Munsen of Williamsport,
Pa a vice president of the congress, pre-
sided over the session. The delegates pro-
CO eded at once TO the further consideration
of the resolutions reported by the committee
on resolutions Tuesday afternoon.
Chairman Smith of the committee read
the thirteenth resolution, which was as fol-
lows:
"A decree should not be granted unless
the cause is shown by affirmative proof,
aside from any admissions on the part of
the respondent"
Vice Chancellor John r. Emory of New
Jersey opposed the pass age of the resolution
and concluded by moving to strike 1t out.
B. B. Winburne of North Carolina favored
the motion to strike out, and explained
in detail his views.
Judge Alfred WaIcott of Michigan spoke
for the original measure. He believed it
was within the province of the congress TO
legislate in regard to the nature of the
proof.
Thomas Sterling of South Dakota said
his delegation was in favor of maintaining
a provision of this nature. He held that
South Dakota had received an exaggerG ted
reputation in regard to easy divorces, on
account of few particular cases.
But" he said, whatever wrong IS done
in the state is directly due to existing
laws.
ANY admission on the part of the de-
PENDANT is without value" said Walter s.
Logan of New York. There should be
upon the statute books a definition of ex-
actly what evidence shall be necessary to
secure a divorce. Amy other method would
give opportunity for collision. The lack of
evidence in a divorce case is the foundation
of the divorce evil. Divorces are granted
in all states upon too little and untrust-
worthy evidence. This resolution goes TO
the very root of the matter. A remedy ap-
piled here will bring about reform in every
other particular"
Mr. Emory, by unanimous consent with
drew his motion to strike out on the
ground that he had not desired to disap-
prove of the principle enunciated by Mr.
Logan, but only thought it was not the
business of the congress to legislate in the
matter. His idea had been that each state
should attend to the question itself, with
out suggestion from national body.
An amendment to the original measure
to the effect that the respondent be per-
mitted to testify as to the fact of marriage,
was moved by Judge Wolcott of Michigan
In view of the fact that such an exception
was unnecessary because the measure pro-
posed to deal only with the cause OF
divorce. John Garland Pollard of Virginia
opposed the amendment, and it was lost.
Original Resolution Adopted.
The original resolution, as it came from
the committee was then adopted by vote
of 30 to O.
The next resolution recommended a de-
parture from the law and practice in most
of the states today. 1t was as follows:
a final decree dissolving the marriage
tie so completely as to permit of remar-
rage of either party should not be entered
untl! the lapse of a reasonable time after
decree nisi and after hearing or trial upon
the merits of the cause. The Wisconsin,
Illinois and California rule of one year is
recommended"
Talcott II. Russell of Connecticut said
that his delegation was In accord with the
spirit of the resolution, but must withhold
It's vote because of the word "nIsi' Qatin
for unless), which, he held, meant ''judg-
ment with string to it." Such Judgment
ne thought, ought not to be announced.
Suspension of the verdict. instead of a YER
dict with a string to II, would be better in
his opinion.
After a discussion of this principle bv a
number of delegates. all of whom stated
that 1t was their desire to secure the san,e
end, but each of whom had his own opinion
as TO the best way, 1t was suggested that
all pending amendments be withdrawn and
the resolution be made to state that no de-
cree shall become opera tive" until a srea
sonable time after hearing or trial ,non
the merits of the cause"
Adopted by Good Majority.
With this change the resolut: n was
adopted by good majority
The last resolution from the committee
was:
In no case should children born during
coverture be bastardized excepting where
they are the offspring of bigamous mar
riages or the impossibility of access by the
husband has been proved
This was passed unanimously without
amendment.
The chairman then congratulated the
congress on having adopted the fifteen res
olutions without great division of opinion
These comprise the entire number report