The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1898-02-20
WOMEN AND CIVIL LAW
THE RIGHTS OF MARRIED AND UN-
MARRIED WOMEN IN INDIANA.
A Slow but Steady Growth of Privi-
Ieges, Accompanied by Marked
Qualifications Since 1881.

ception Of truth and justice and in following
the changes and notifications Of law from
time to time one is unconsciously study
ing the growth and development of the
world The field of logic has always
usurped the strongest minds. but in its ap-
plication tc women it has been con-
fused by chivalry that it sometimes reached
the ridiculous. Not any study more thor
oughly portrays the development of the
world than the study of logic as applied to
womankind. All her advances in legal
status have been brought about by the
growth of ages, being only influenced by
herself as she influenced the general Gull
ture about her. AS the sense of the age
reached a higher standard, her interest adj
vanced along with her brethren. The laws
have always been, as now, both made and
administered by men, and only as public
sentiment becomes centralized for or
against any principle does the world make
progress. She Of course, has done her
share in this awakening to higher concep-
ton of truth in all ages, but here her in
iuence ceases. From the darkness when
the living widow was buried with the dead
husband, on up to the age when she is en-
Joined to silence in meeting, to the present
time, when she sits with modesty and with
power In the legislative bodies of our sister
States, equal in all, politically, to her lord
and master, there has been constant growth
in all things, and her further individuality
is due wholly to the advancement of the
age. Our legislators are representative
men, and put upon the statutes such laws
as the age demands, but when making
laws concerning women each has in mind
his own mother, wife daughter, and it
naturally follows that the laws as applied
to them, are not free from paternal senti-
ment which lends q protecting air. Their
aim was to save her from what they deemed
unnecessary business transactions from
which her life is generally removed, and
from which she was considered untitled on
account of the delicacy of her nature, and
those laws which seem unjust are due to
this fact and to the following of some es-
tablshed principles into misleading COM
plications
Each State has legislated especially for
her women on all points where her interests
are considered apart from men. No two
have exactly the same laws, and not many
have materially different ones. Indiana is
fair example of the majority. She is
more liberal than some of the Eastern
States-New Jersey, for instance, where a
married woman cannot sign a deed or mort
gage before an officer in the presence of
her husband, for fear of his coercion. Yet
Indiana is more conservative than some of
the Western States which have extended
the right Of suffrage to her women. AS it
would be as impossible as useless to discuss
the different laws of the different States,
only the laws concerning women in Indiana
will be noted, bearing in mind that all the
States have similar laws.
So long as women remain unmarried there
are few distinctions, those in. her favor be-
ing exemption from arrest and imprison-
ment in civil cases and exemption from the
payment of poll tax, which every man I'M
der fifty years of age must pay. There
IS provision, also, that any one employing
girls or women must furnish seats for their
use when not actively engaged in the duties
for which they are employed, under penalty
of fine. The Indiana woman may hold
any Office which is held by virtue of an
election by the General Assembly or ap-
pointment by the Governor, such as notary
public, state librarian, matron of certain
benevolent institutions, and some go fur
Their and assert that she is eligible to the
office of United States senator, but the
question has never been before the courts
MAY PRACTICE LAW.
1t has always been supposed that a wom-
an could not practice law in Indiana until
a test case from the southern part of the
State, a few years ago, was decided in her
favor by the Supreme Court of Indiana. 1t
is this decision that has given such encour-
agement to equal suffragists. The Consti-
tuition of the State says any voter of good
moral character, etc, may practice law in
the State, which would seemingly debar
women. But the court held that the COM
mon law, which is the unwritten foundation
Of all our laws, and which is always in
force when not changed by legislation,
makes no distinction and that the language
above quoted is only declarative of the
common law; that its application to women
was not considered by the trainers of that
law; that the word voter was used to desig-
nate certain qualifications as to age, resi-
dence, etc, and not sex, and that in stating
that voters may become attorneys does not
prohibit others from the same profession
who are qualified according to the common
law The equal suffragists claim the same
logic would hold good when applied to the
suffrage of women. But vet she has not
the right of suffrage; neither can she hold
Office which is held by virtue of a general
election; nothing prohibits her from being a
deputy officer however, and doing any part
or all of the actual work of the office;
neither can she serve as juror.
A woman's illegitimate children inherit
from her estate in the same manner as her
legitimate children; but mans Legitimate
children take nothing from his estate.
1t is when Il woman marries that her
status in law is entirely altered. The de-
pendenee of the wife upon her husband and
she liability of the husbapd to support the
wife were supposed TO furnish powerful
motives to the promotion of harmony in
the family. and for the purpose of bringing
about this condition of harmony. when
woman married all her personal property
of any and all kinds became vested abso-
lutely in her husband, and that the depend
ence might be complete, the rents and
profits Of her lands also belonged to him,
and consequently might De taken for the
debts of the husband, even though the
debts were contracted before their mar
riage. If the harmony was in proportion to
the powerful motives great must have been
the bliss thereof. Later on, only such prop
erty of the wife as the husband reduced TO
his possession became vested in him, hut
he had the right to take all unto himself
or leave It vested in the wife. To avoid
these injustices a woman's property was
often conveyed to a trustee before marriage