THE DIVORCE LAW.
The Lieutenant Governor now recurred to the order pending at the time the special order was called up - it being the consideration of Mr. Orr's bill [S. 117] for an amendment of the divorce laws.
Mr. Daggy, in looking at the bill, believed a change such as is proposed would work a greater evil to the State than the present law.
Mr. Dwiggins, as a substitute for the pending motion, moved to recommit the bill to the Judiciary Committee, with instructions to amend by adding the words "or consent" before the word "connivance," and by substituting "one" for "two" years wilful abandonment, and adding as causes impotency and a conviction of felony subsequent to marriage. Under the present law one Judge will decide one way and another a different way. He favored a residence of three years, as the bill provides.
Mr. Gooding made an ineffectual motion to have the whole subject laid on the table, yeas 20, nays 22.
Mr. Glessner moved to amend the instructions so as to allow parties in divorce cases to testify therein.
Mr. Dittemore moved to lay the amendments offered by Messrs. Dwiggins and Glessner on the table.
The motion was rejected by yeas 20, nays 22.
Mr. Brown moved to lay Mr. Glessner's amendment on the table.
Mr. Dittemore moved ineffectually to lay the whole subject on the table; yeas 19, nays 23.
The question recurring on Mr. Brown's motion to lay Mr. Glessner's amendment on the table, it was agreed to by yeas 32, nays 12.
Mr. Brown moved to refer the whole matter to a select committee, to consist of Messrs. Orr, Neff and Glessner.
Mr. Dittemore moved to amend the motion by indefinitely postponing the bill.
On motion by Mr. Brown, this motion was laid on the table by yeas, 32; nays, 13.
Mr. Scott moved to instruct the committee to provide that divorces in this State shall only operate as a separation from bed and board, and shall not permit parties divorced to remarry within the life time of the opposite party; and all laws in conflict with this provision are hereby repealed.
The presiding officer (Mr. Friedley of Lawrence, in the chair) decided this motion out of order.
Mr. Harney moved to change the reference to the Committee on Rights and Privileges, and on this motion demanded the previous question.
The Senate seconded the demand for the previous question, and under the operation thereof, the motion to commit the bill to the Committee on Rights and Privileges was agreed to.
