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Session Laws, 1939
Volume 581, Page 1719   View pdf image (33K)
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HERBERT R. O'CONOR, GOVERNOR. 1719

City and are, therefore, peculiarly qualified to consider the
nature and extent of proposed legislation affecting divorce
laws.

After a most thorough and painstaking consideration of all
the bills, this committee has filed its report with me, suggest-
ing that the first bill be signed and the other two bills be
vetoed. Acting in accordance with their suggestion, I have
signed the first bill which will eliminate one cause for divorce
under which system women were not afforded equal rights with
men.

Chapter 232 (House Bill 86). The reasons advanced by the
committee for their suggestion that I veto this bill providing,
in the title, "that divorce may be granted after abandonment
has continued uninterruptedly for one year" is that in the body
of the bill it is provided that the period shall be "eighteen
months". The Masters of Chancery stressed the fact that our
Court of Appeals has emphasized that one essential requisite
of legislation is a good title. But they further point out that
if this Act is approved, it will become effective next week and
that undoubtedly many divorce cases will be instituted which
could not have been entertained under the present existing
law and that in different circuits of the State conflicting
opinions may be rendered as to the validity of the new enact-
ment. The Masters further advise me that it would ordinarily
be impossible to procure a final adjudication on the validity of
the new bill for a number of months and that, meanwhile, per-
sons who would be divorced under the new statute would be
left in doubt as to their true legal status.

It is evident, therefore, that with the possibility of re-
marriage of persons who might be divorced under the new law,
that the rights of children as well as property might be ad-
versely affected and I cannot emphasize too strongly the pos-
sible difficulties that would arise because of the substantial
variance in the terms of the bill.

In view of the convincing argument contained in the report
of the Bar Association committee, I intend to veto this
measure.

Chapter 626 (House Bill 618). Regarding the third of the
bills which provides that a husband or a wife can obtain a
divorce from a spouse who has become permanently and in-
curably insane, it can be understood that cogent reasons can
be advanced on either side of the argument. I personally
attended the session of the Senate when this bill was debated
very intelligently and thoroughly before its enactment.

The Masters of Chancery advise me that the portions of the
bill which deal with jurisdictional and procedure matters are
outlined in considerable detail and appear to be valid and


 

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Session Laws, 1939
Volume 581, Page 1719   View pdf image (33K)
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