The Indiana State sentinel. [volume] (Indianapolis) 1868-1895, 1892-03-02
woMAN's LEGAL STATUS IN INDIANA,
Her Condition mt Common Law and During
Infancy

Her Condition ut Common Law and During
Infancy
To appreciate thoroughly the position
woman occupies under the statutes of In
diana one must be able not only to com
pare her condition with that OF the men
of the state. but also to contrast it with
the condition o. women under the laws OF
other states.
In order to find the reason for the differ
ences in the present, and also the common
law OF the various states, one must
familiarize ones self with the several sys-
TENS Of jurisprudence that formerly pre-
vailed in certain localities OF the United
States, and which now exist in the absence
OF statutory enactments.
In the territory northwest of the Ohio
river, of which Indiana Is a part, society
was modelled after New England. The
peculiar position woman has always held
at law results from the intricacies OF the
marriage relation. Until the last fifty
years the wife was in all nations piece Of
property. Under the ancient Greek and
Roman common law she was considered
minor. In connection with the word
minor we notice a popularity in the law.
Although the word designates person OF
either sex under the age of twenty one.
yet in legal parlance the term infant" Is
usually applied TO females, and the term
minor to males under age.
At common law in England, the very
being or legal existence of the wife is sus-
pended during marriage, or at least in
corporated into that OF the husband,
under whose protection she performs
everything. Blackstone aptly illustrates
her position in the use OF the old French
term femme-covert; the woman covered
or protected. Her condition during mar
riage is always legally known as coyerture.
The common law made unity in the
marriage relation its cardinal point, and
to secure this unity it sacrificed the prop
erty interests OF the vile and placed every
thing in the husbands keeping. She
could neither earn for herself nor contract
and manage business in her own name for
she was not legally person.
The English courts OF chancery, how
ever, gave her some equitable rights, but
when this country was settled the separate
use of her property was but little under
stood and so the laws OF New England
and the communities modelled from its
plans contained prior to 1891 no clear
recognition of the wiie's equitable sep
arate use of her property.
Long before legislation attempted TO
! give the wife any rights the courts IN
vented a way to secure her some property
/ of her own BY means OF n trustee she
might hold property free from the use or
/ debts OF her husband.
In localities where an aristocracy OF
wealth or family had arisen this plan was
! adopted by wealthy parents TO secure
! their daughters property from spend
thrift husbands.
In several of the southern and south
western states originally settled by French
and Spanish this is at present the only
way wife can hold property free from
the demands of her husbands creditors.
The year 1913 saw wondrous revolu-
ton effected in the foremost states as to
property rights of married women, and
! this revolution has since extended to every
section OF the country.
At that time the common law OF En-
gland was in simple the law of Indiana,
/ but from 1888, when the legislature gave
TO married women tho right TO make a
will, until the present our state has kept
/ pace with the times in granting to married
women equitable rights OF property and
business.
But before considering the relative posi-
tion at law OF the married woman let us
consider her legal disabilities and liabii-
/ ties before marriage complexities the rela-
ton.
We come under the dominion of the law
! at the moment OF birth. From the begin
ming a girl may hold property. At eight
/ years of age she is ii intelligent, response
| bic for crimes committed.
AT fourteen an orphan may choose her
| own guardian. Sixteen is the earliest age
at which girl can legally contract mar
! rage in Indiana, and only then with the
/ consent of parent or guardian.
! Although the law docs not permit fe-
male person to convey her real estate un-
der the age of twenty-one. yetit deems her
responsible to convey her virtue at the
\ age OF twelve.
/ At eighteen she is free from all contracts
| OF apprenticeship.
The marriage OF woman under twenty
one does not release her from guardian
/ it merely transfers the Office TO her hus-
band il he be an adult. There are few
laws relative to the condition OF the infant
wife.
She may join in deed with her
husband for the conveyance OF his real
estate, the same as If she were OF legal age
| ana she can convey hcE rights III ana 10
any lands OF her husband sold by him, il
she be provided with the written consent
| of her parents and an order of court. II
is generally necessary 10 have a written
order of a circuit Judge before an infant
wife can act in conjunction with her hus-
band. As far as concerns her civil rights
the law deems an infant wife as irresponsi.
bic as an unmarried infant.
What it means "to come OF age" A
woman is of legal age at twenty-one tC
manage property make contracts, sue and
be sued and engage IN any trade or bust
ness except the law-her Acknowledgement
disqualifying her for that.
In brief, an unmarried woman of legal
age has the same liabilities that man Of
legal age has in Indiana, and with one eX.
ception the same rights and privileges
She has not the right of the franchise. and
consequently cannot practice law, cannot
vote, nor be an elector, nor hold any of
flee filled under the general election law.
At first view this one exception seemf
trivial, when comparing the present priv
ileges with those of former years.
But when we consider all that the right
of franchise implies it assumes serious
proportions.
To exercise the right OF franchise means
the same to the business woman, to tho
woman who owns real estate. to the bread
winner, to the woman taxpayer, to the
mother as il does TO a man under the