Year: 1874

|
for other reasons.


On motion, the petition was referred
to the eommittee on finance


The bill repeating section 2 of the
schedule to the constitution, permitting
parties to suit to testify in their own
cases, being the special order, was taken
up and read, a majority Of the judiciary
committee reported in favor Of the rejec-
ton of the bill minority report urged
its passage.


Senator Normari moved that the mi.
nority report be adopted He said the
bill was introduced by him at the request
of a large number Of lawyers and others
who had witnessed the operation of the
law in his section. 1t had never occurred
to the sages OF the past-to Blackstone,
Mansfield and other great legal minds
to make so radical achangc in the law Of
evidence as this permitting witnesses to
I testify in their own eases 1t leads in
evitably to perjury, and although pun
ishment for such crime is provided for,
] it is wiser TO take away all inducements
to that end. Those who have studied
|
will agree that it is wise and often neces-
sary to protect mea from themselves and
the influences surrounding them


Senator Turner read the section sought
to be repealed, aud argued in favor of its
retention His sentiment and the feeling
: of the bar in his section was in favor of
the law as it stood England had adoped
4 ha laxy q. ,h
twenty years ago, thus recognizing the
necessity and justice ofgetting all posi-.
bic evidence from all parties. 1t is only
thus that judge and jury can fully and
intclligently form conclusion. lie ia
vored the measure not because it was
made a provision Of the constitution Of
1868, but because it was good one in
/ itself, 1t was not original with that
body, but let us give them credit for
what good they had done. This is an
age OF progress, and if the great and
good men Of the past did not think of
the necessity and justice of allowing lt-
gants to testify in their own behalf it
should not deter us from advancing in
the path of progress and Of right.


Senator Pindall agreed with the gentle
man from Crawford (Turner) that this
was an age Of progress, but was it not
| probable that the wheels were, in many
instances, moving too rapidly? A few
years ago our courts were respected and
honored; how different it is now, not
only in our own, but in other states. The
issue of a case, to day, before a court is
regarded as a matter of chance, not one
depending on justice, and the purity and
uprghtnsss Of the bench This is la
men;able; but it is in this light that our
courts are regarded, and instead Of Civ
ing further latitude by allowing parties to
testify in their own behalf, better crcum
scribe them. To allow it is to place the
honest man in the clutches OF the perjurcr
and dishonest man. Let US not discard
what is old just because we are riding in
the car of progress. In the past there
were no people who had more confidence
in the decisions of their courts than the
people OF Arkansas; to day there are
none who have less. This is u danger
Gus innovation in the law of evidence,
and trust that the section will be re-
pealed.


Senator House said that so far as his
experience was concerned, he regarded
the section sought to be destroyed as one
of the best provisions relating to the law
of evidence. Itis true, ns has been stated,
that such u provision never occurred to
our ancestors, but neither did the art Of
printing occur to the ancestors Of the
people of the thirteenth century. Does
it follow that the latter were unwise in
adopting that art SO of all other i'm.
provemen,s When the gentleman from
Dcsha Mr.. Pndall) ascribcs the corrup-
ton Of our courts to this section he tray
els far from the right road lie was
proud to express his belief that we have
to day q judiciary as able and honest as
this state ever could boast of, and under
the regime of the peoples rule he feared
not but our bench would continue to
command the respect and esteem of all
good citizens. He sincerely hoped that
the section would remain, and the law be
permitted to stand just as it is.


The question on the adoption of the
minority report was then put and de-
clared lost
The majority report was then, on mo.
ton, adopted, and the bill rejected.
On motion Of Senator Tobey, the SEN
ate adjourned till to- o-morrow morning at
10 o'clock.