Gambar halaman
PDF
ePub

contract, continuing for a period of three years, thus placing this wide open door to divorce upon the same grounds as willful absence and habitual drunkenness, which are each required to continue for three years before the sacred relation may be dissolved.

Second. That when the court hears a divorce case, the old decree nisi be at first entered: That is to say, the findings may be entered of record and the party in whose favor such findings are made, may, after the expiration of six months, move the court then to enter up a final decree of divorce upon these findings without further or additional notice, if the court is then satisfied that the party is entitled to a divorce.

Third. Recognizing that the greatest source of imposition upon the courts in the granting of divorces comes in uncontested cases or cases in which one or the other party abandons the case, we recommend legislation which will enable the court to have some proper and suitable member of the bar represent the uncontesting party in all uncontested cases.

Fourth. That a marriage license shall not be granted to any person within one year after such person has been divorced, whether the divorce has been granted in this State or not, unless it be to the original parties to re-marry.

Fifth. That Section 6389 of the Revised Statutes of Ohio be amended in two respects, first, to require all persons desiring to marry to obtain a license to do so, whether bans be published or not; and, secondly, to require such license to be obtained in the county where the female "has her bonafide residence," instead of where "she may reside," as is now provided.

Sixth. That suitable restrictions be provided in the granting of marriage licenses to discharged inmates of imbecile, insane or other asylums, to the known vicious and degenerate, and to those afflicted with inheritable and transmissable diseases.

Seventh. That the President of this Association be authorized, after the personnel of the next Legislature is determined, to appoint a suitable committee of not more than five members to present the foregoing views in a proper manner to the Legislature. Respectfully submitted,

E. B. DILLON, Chairman.

As Chairman of this committee, Mr. President, it becomes my duty and I now move the adoption of the report as presented.

THE PRESIDENT: You have heard the report and the motion to adopt. Is there a second?

Motion seconded.

THE PRESIDENT: It has been moved and seconded that the report of the committee as read to you be adopted. Are there any remarks?

MR. JOHNSTON, of Youngstown: I don't know whether it was intended by this motion, I apprehend it was, that this report should be adopted as a whole. Now it involves a number of distinct propositions, and in order that it might be intelligibly acted upon, and in order that we may get a free expression upon the various propositions, I think it better to have a division of the report and that it be read and acted upon by the Association section by section. I offer this as an amendment.

THE PRESIDENT: Is there a second to the amendment, that the report be considered section by section instead of as a whole?

Motion seconded and carried.

THE PRESIDENT: Mr. Secretary, will you please read the first section?

The Secretary read the first section as follows:

First. That the ground of divorce known as gross neglect of duty be defined as consisting of the willful refusal or failure of either party to fulfill the obligations and duties of the marital contract, continuing for a period of three years, thus placing this wide open door to divorce upon the same grounds as willful absence and habitual drunkenness, which are each required to continue for three years before the sacred relation may be dissolved.

After discussion of the section by Hon. R. D. Marshall, of Dayton, Judge Hole, of Salem, and Mr. Johnston, of Youngstown, it was moved and seconded that the word "three" be stricken out, and the word "one" be substituted in the section as read.

THE PRESIDENT: It has been moved and seconded that the word "one" be substituted for the word "three" in the first section of the report.

After discussion of the proposed amendment by Mr. A. Z. Blair, of West Union, and Governor Jones, of Youngstown, Governor Jones moved that the question of adopting the first section of the report be laid upon the table. Motion seconded.

THE PRESIDENT: It has been moved and seconded that the amendment to the original question on the adoption of the first section be laid upon the table. You who are in favor of laying the motion upon the table say "Aye"; contrary "No." The "Ayes" seem to have it. The further consideration of this section is laid on the table. The Secretary will read the second section.

Second. That when the court hears a divorce case, the old decree nisi be at first entered: That is to say, the findings may be entered of record and the party in whose favor such findings are made, may, after the expiration of six months, move the court then to enter up a final decree of divorce upon these findings without further or additional notice, if the court is then satisfied the party is entitled to a divorce."

MR. JOHNSTON: I move the indefinite postponement of that section.

Motion seconded.

The President declared the motion carried. A division was demanded, and upon the division the motion was lost.

GOVERNOR JONES: I call for the reading of that section

again.

The Secretary then re-read the second section of the report.
GOVERNOR JONES: I move to strike out that six months

clause.

HON. HENRY J. BOOTH, of Columbus: I move, if it be in order, as a substitute for the pending motion, that the second proposition be so amended as to read that "When the court hears an uncontested divorce case," etc., in the first line, to

strike out the word "a" and insert the words "an uncontested,"

so as to make it apply to uncontested divorce cases.

THE PRESIDENT:

Motion seconded.

Is there a second to the motion?

GOVERNOR JONES: I raise the question now whether it is in order parliamentarily. My motion was simply to strike out. THE PRESIDENT: The chair declines to sustain the point. THE PRESIDENT: I will state that further discussion of this motion will have to be postponed until after we hear the annual address. The hour has arrived when the annual address is to be delivered.

A MEMBER: I move that the further discussion of this report be postponed to 2:30 this afternoon, to be taken up immediately following the report of the Committee on Judicial Administration and Legal Reform.

Motion seconded and carried.

THE PRESIDENT: I wish to make three announcements: The first is that the manager of the hotel has requested that you all congregate at 12 o'clock or immediately after the address, on the veranda, for the purpose of being photographed. He wants to get a group photograph of the people attending this meeting-the members, their wives, their children and their friends.

The second announcement I wish to make is that the musicale will take place in this room tonight, promptly at 8 o'clock. The committee has been at great pains to provide an especially fine program. The performers need no introduction. They are the same as were here last year, and who delighted you with their singing and their playing; and I trust that you will be promptly in attendance at 8 o'clock this evening to enjoy the program that has been provided.

I am also requested to announce that the agent of the railroad companies will be ready to validate your return tickets on the day before leaving, at 3:30 p. m., when desired. That is,

if any desire to leave tomorrow you can get your tickets validated today at 3:30 in the afternoon.

This Association has always been fortunate in procuring gentlemen to deliver the annual address. We have had the pleasure and the profit of listening to men of national reputation from the North, the South, the East and the West. This time. we may especially congratulate ourselves because we have with us a home man, an Ohio man, who is to address us. In reputation he has outgrown State boundaries. He has become a national figure. He occupies a high position in the judiciary of the United States; but he is an Ohio man still, and he is at home with us today. I have the honor of introducing to you Judge Peter S. Grosscup of the United States Circuit Court of Appeals, who will now address you.

(For Hon. P. S. Grosscup's address, see Appendix.)

MR. SIMEON M. JOHNSON: I move that the thanks of this Association be tendered to Judge Grosscup.

Motion seconded.

THE PRESIDENT: It is moved and seconded that the thanks of this Association be extended to Judge Grosscup for the magnificent address we have listened to. All those in favor say aye. Motion unanimously carried.

It was moved, seconded and carried that the meeting adjourn until 2:30 p. m.

SECOND DAY-Afternoon Session

Meeting called to order by the President at 2:30 p. m. THE PRESIDENT: We will first hear from the Committee on Admissions, if they have any further report to make.

The Chairman of the Committee on Admissions then read the following applications duly recommended, each accompanied by the admission fee, and recommended that they be admitted to membership or reinstated:

« SebelumnyaLanjutkan »