Washington standard. [volume] (Olympia, Wash. Territory) 1860-1921, 1876-02-19
STATUS OF MARRIED WOMEN.

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several provisions relating to femme co.,
erts, or married woman's separate prop
erty. Such an estate is recognized,
but placed under such limitations and
restrictions rs render it of little value
to the wife during coverture. While
the husband may purchase and sell,
acquire and dispose OF every kind of
property, whether real or personal, the
wife enjoys no such privilege. In fact
she is worse off than an infant, for her
personal contracts are absolutely void
in both law and equity, while those of
an infant are voidable only. By the
adoption of the common law of Eng
land the married women of the Terri
tory labor under all the disabilities of
covertuIe existing therein unless where
otherwise expressly excepted by statu-
tary enactment. What those disabili-
ties are, it is unnecessary to repeat; suf-
flee it to say, they are numerous and
onerous. Says Blackstone, Cali deeds
and acts done 10y femme covert are alb
solutely void" At common law the
husband and wife are treated for most
purposes, as one person. That is to
say, the being or legal existence of the
woman, as distinct person, is suspend
ed during the marriage, or at least is
incorporated and consolidated into that
OF her husband. 1t tends to make every
family barony, monarchy, or despot-
ism, of which the husband is the baron,
monarch, or despot, and the wife the
dependent, serf, or slave. Aud, there
fore, she cannot earn for herself, nor,
in general, contract, sue, or be suel, in
her own right.
This servile condition of woman
should and could be modified, if she
would acquaint herself with the law,
and demand the enactment of suitable
provisions for the protection of her
property. No matter what the circum-
stances under which o married woman
may be placed, she has no authority to
act as sole trader, nor to enter into any
mercantile business whatever. The
right to life, liberty, property and the
pursuit of happiness are supposed to be
inherent in every rational human being,
but this is sad mistake. BY rendering
implicit obedience to the wishes and de-
mands of her husband, the wife is per-
mitted to enjoy all the liberty and hap
piness he may accord her. But her
right of property is an inchoate, defeas-
able one, which she can secure only by
observing the strict formalities of law
In these days of frequent failures
among merchants no wife is secure in
her home. Execution creditors can
seize upon and sell the home, eject her
and the little ones from the premises,
and subject them to penury and want.
True, this can be avoided, but how few
are acquainted with the law, or have
the necessary precaution to protect
themselves. II the home cannot be
claimed as the wife's separate property
it should be converted into a homestead.
The act defining the rights of hus-
band and wife confers upon the latter
certain real and personal property as
her separate property. tits apparently
hers, yet, reilly, she has no control
over it, nor can she sell, cucumber, or
ALLEVIATE it, or any any part thereof, I'M
less her husband join with her. Evil
IDENTIFY her estate depends upon con-
tingency; for it is imperative that full
and complete inventory of all her sep
arate property must be made out and
signed by her, acknowledged or proved
in the manner required by law for the
acknowledgement of proof of convey
ance of land, and recorded in the Au-
ditor's office of the county in which
the parties reside. Failing to have this
inventory recorded in the precise man.
ner prescribed by law, she shall be
deemed to have waived her right of ex-
empting her property from execution
for her husbands debts. The ayari-
cious money-lender, with his compound
interest accruing periodically, some.
times monthly, can consume the hus-
bands limited resources and then re-.
sort to the wife's separate property to
satisfy his unconscionable demands.
Married women are bound to protect
themselves against the INSCRIPTIONS
Shylock, OF which every community
has representative, or misery and pow
erty may overtake them. Misfortune
is incident to every one and financial
embarrassment may come at o time
when least expected. The wife can
avoid threatening degradation of pau
perism. and secure the home for herself
and little ones, by being dilligent in
claiming her rights and by following the
particular mode prescribed by law. To
become entitled to the homestead ex-
emption the same dilligenceis necessary.
Actual use and occupation Of premises
as q home will not suffice, as in some
States, to establish the homestead char
acter. 1t must be entered of record in
the margin of the recorded title. For.
merly the wife had her dover and the
husband his courtesy. Both were
abolished by on act approved Nov. 1876.
j. e. CLARK.
JuRoRs. following named grand
and petit jurors were selected for the