Washington standard. [volume] (Olympia, Wash. Territory) 1860-1921, 1884-05-30
Women as Jurors.

late term of Court at Tacoma for
keeping a house of ill.fame, on a
motion to set aside, Judge Greene
delivered the following
OPINION.
GREENE, j. This is a motion to
set aside the indictment. Two prin-
cipal points are made:
LIST. That nine of the grand Jurors
were unnamed in the renire; aud,
I'd, That several of the grand jur-
ors were marned women living with
their husbands.
Grand jurors, in this Territory,
are procured by procedure pre-
scribed in Chapter CHI of The Code.
The County Commissioners certify
to the clerk of court a list of names.
(S2,O80). The Judge allots and de.
termines how many grand jurors
shall be summoned from each
county, to attend each term of Court.
(S2,OSl.) Then, conformably to the
last allotment and determination of
the Judge, the clerk issues a renire,
wherein he names as far as possible
the persons to be served Herewith,
taking the names from the list last
furnished by the Commissioners, in
the order in which the names occur
on the list, but emitting the name of
any person who has served within
two years (S2,082) In getting the
grand jury. who found this indict.
ment, the procedure prescribed ap-
dears to have been strictly observed.
Upon the last list furnished there
remained but seven names. The
Judges allotment called for sixteen
persons. Consequently the renire
had to be run for sixteen, whereof
nine were unnamed.
I pass to the other point. None
but householders can be grand jur-
ors, under our statute. (S2,078).
1t is contended that married women
living with their husbands are not
householders. That they were not
at common law, and were not in this
Territory, prior to the passage OF
Chapter CLXXXIII Of our Code is
doubtless true. But have not the
provisions of that chapter wrought a
change in the law? 10 answer this
question, we need preliminarily q
definition Of the word household.
er." A householder" is one who
manages and controls o household,
not an agent, but as principal.
Such manager and controller might
at common law be either a woman
or q man. But at common law, q
wife living with her husband was
deemed always his agent in house.
hold affairs, and hence could not
possibly be a householder. She was
under civil disability, which pre-
vented her from acting, or being
recognized, as partner and principal,
with him in such affairs, and which
prevented her from being regarded
az acting otherwise than as under
duress in his presence. Generally
speaking, all her real property was
under his management; all her per-
sonal property and rights were his
and not hers; and her very body
was subject to restraint and chas-
tissment by him. All this has been
wisely changed by our Legislature.
and marriage left a matter. less OF
muscle and more of love.
In order to show the bearing of
this change upon the question
whether or not q married woman
dwelling with her husband can be q
householder, it is not necessary to
discuss or mention all the pertinent
sections of chapter CLXXXIII. It
is sufficient to refer to q few salient
provisions, although well-nigh or
quite every section of the chapter
I might almost say every sentence in
the chapter-has significance re-
sponsive to the question.
By s2.396, tho first of the chap
ter, such q woman has the same
right and liberty to acquire, hold,
enjoy and dispose of every species
of property, and to sue and be sued,
as il che were unmarried. By So, 400
to So, 4O8 inclusive and s2,4l5, hus-
band and wife, living together, are
put on an equality, as regards indi-
vidual property rights aud liabili-
ties, with the exception that an ad-
vantage is given the wife regarding
her personal earnings. As regards
community property, their rights
are not thus equal, but no commun-
ity real property can be disposed of
without the wife joins in the convey
ance, (s2, 400, So, 41O). A homestead
cannot be selected out of separate
property, except by the owner there.
Of; but it may be selected out of
community property by the wife, if
the husband neglects or refuses to
select. Moreover, by 1898, it is
provided that call laws which i'm.
pose or recognize civil disabilities
upon wife, which are not imposed
and recognised as existing as to the
husbsnd, are hereby abolished" and
by 1899, tina! -" Henceforth the
rights and responsibilities of the par
ents in the absence Of misconduct
shall be equal, and the mother shall
be as fully entitled to the custody,
control and earnings of the children
as the father" From this body of
legislation it appears that the wife's
relation to the household is very diff
ferent from what it once was. As
regards children, she is equal part
ner in management with her hus.
band, who has no ascendancy over
her save such as affection or religion
may prompt her to yield. Before
the law, both parents, when living
with their children, are household.
ers, if either is; for they are coequal
principals and agents Of each other
e, khD v>,c~~-o~oork AL >z-l.-1 r