"The law as it stands upon the statute books of the territory has conferred full jurisdiction upon the courts, in all cases belonging to divorces, which is the only tribunal that can deliberately hear and examine all the witnesses on both sides of those unfortunate domestic difficulties of the parties applying for a dissolution of the marriage contract. "The legislature seldom has the opportunity of hearing any witnesses, even on the side of the complaining party, and never can have before them all the witnesses connected with both parties, especially necessary to the proper adjudication of these cases. It will also be well to remember, that in the divorce cases the legislature cannot decree or enter judgment for alimony, division of property belonging to the married parties, nor legally decide whether the separate husband or wife, shall lawfully continue the possession, care and control of their children. "The court alone can have full power to render final judgment and decree of alimony, division of property and direct who shall have the care and control of the minor children. "Many of the legislatures of the states, for several years past, have positively refused to grant divorces. Eminent lawyers are agreed in the opinion that all divorces granted by the legislature are entirely unconstitutional, and therefore null and void, for the reason that no act of the legislature can destroy, annul, violate, or set aside the said civil contract nor the sacred and religious bonds and mutual obligations entered into by man and wife at the solemnization of marriage. It is at all times a very serious and delicate matter for any person or persons to interfere in any manner in the unhappy quarrels and family difficulties of man and wife. There are few subjects brought before the courts of our country requiring to be treated with more deliberate care and caution than divorces. "Whenever a legislative body takes an action in cases of divorces, it is not improperly regarded as an infringement upon the legislative provinces of the courts. For these reasons I trust your honorable body will firmly refuse to interfere with the rights of husband and wife. Applicants, seeking separation, should be directed to the courts of our territory where they can receive all the relief and remedy for their grievances which the laws of our country afford." In spite of this protest that same session enacted sixteen such private bills, and at the following session the governor renewed his objections. In January, 1866, the legislature enacted a law declaring marriage to be a civil contract which would throw the consideration of divorce into the courts. In 1871 another divorce bill was passed but this was the last and subsequent efforts to revive the practice failed. The attempted constitution of 1878, which was drawn up at Walla Walla, declared against such legislative divorces, as did the approved constitution of 1889.