The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1901-01-19

place them on an equality because the
law saws the husband must join with her
in Il deed for her own protection. Tenant
by courtesy of issue is the only right
the husband can have. There is nothing
in this idea about putting them on an
equality when their rights in property
are totally different. The Senator closed
with an appeal for the women.
SENATOR HENDERSON REPLIES.
Senator Henderson said since the law
now allows a wife TO sell property when
her husband is an idiot. insane or
abandons her. why not give the husband
the same rights as the wife? As it is
now husband cannot sell his own
property when his wife is lunatic, be-
cause she cannot ioin him in the deed.
But the wife can convey her property
when the husband is insane, Dover is a
statutory not vested right.
Il have as high regard for the wo-
men of North Carolina as any man, but
do not think they want this superiority
over the husband. 1t is against the
policy of the law to thus tie up estates. >"
There is such a thing as being civilly
dead, and such is the case when wo-
man is insane. When a man and wife
are separated it is wrong to place such
a restriction on the man. A homestead
is not an estate, in this State. OF course
the husband can go into court and get
a guardian appointed, but that is expen-
sive and works a hardship on the poor.
Why not let them stand together?
SENATOR TRAVIS AGAINST IT.
Senator Travis said wife and husband
were not on an equality, the wife had
greater interest in the husbands prop
erty than the husband had in the wife S,
and this was so under the Constitution.
There is good reason for giving the wife
greater interest for the homestead rep
resents often more sacrifice and labor on
her part But aside from the legal phase
it would be shocking for a woman upon
her return to health to find her property
and her children's swept away by
swindling husband. 1t gives the husband
q dangerous power which could be used
for fraud
Senator Brown said the bill ought to be
entitled an act to promote cruelty TO wo
men in North Carolina.
Senator Henderson thought there was
no more danger of man mistreatng or
taking advantage of the woman's proper
ty than she of him.
OTHER SENATORS SPEAK
Senator Webb said the vote was 4 to 6
in the Judiciary Committee, and had he
was in the minority for he thought the
bin unsound in law and unsafe in morals.
He, believed that il would give the man a
most pernacious right. He did not want
the husband and wife on an equality, the
Code has wisely provided otherwise At
this point Senator Woodard moved to ad-
journ until 10 O'Clock tomorrow The mo-
tion was lost
Mr. Woodland supported the bill, say
ing that there had been no lack of gall
lantry or sympathy for ladies in the dis
cuss:on. The bill only asks that the
same right now applying to the wife be
given the husband. The right of dover
is only a statutory right and rests with
this body. AS to the homestead when
does it begin? In no case does the wife's
interest in the homestead attach until
her husbands death. Married women do
not convey their property to their hus-
bands, but men do to their wives. and
this is often a wise and good. but is not
seldom for purposes of fraud. The laws
have been in favor of the wife in proper
ty matters. and that is responsible for
such acts on the husbands part. He be-
lieyed this bill would help women be-
cause it would not place them in a posi-
tion where they might promote fraud by
allowing husbands to make over proper
ty 10 them to defraud creditors. Mr.
Woodard considered the bill eminently
INST
Senator Justice said he empha tized his
opposition TO the bill last night or any
step in this direction. The law does in
vest the wife with the right of dover
and has since 1867. She also has right
of homestead. which can be laid off any
time without any judgment. There can
be homestead without judgment and ex-
emption, ii can be laid off any time. When
wife is sane she can refuse to sign
deed, but when she loses her mind the
husband could do as he pleased. AS stated
the bill failed to pass it's second reading.
COL. d. WORTHINGTON.
When the bill of Senator Woodard came
up TO appoint ID. Worthington Justice
of the Peace and allow him to practice
law, Senator Gudger Immediately arose
and opposed eecting Justices OF the Peace
and making them lawyers, too. There
We're regular channels to obtain law
licenses and to become magistrates, the
Code prevented a man from doing both
Senator Woodland explained that the
bill only proposed TO take lawyer of long
training and make him Justice Of the
Peace. Col. Worthington had only con-
sented at the urgent request OF the bar
OF Wilson, because well equipped justice
was needed there. In 1885 Col. Worth
ington was chairman of the Judiciary
Committee Of the House.
Senator Gudger: Il am willing to sup
port the bill now since / find il makes a
lawyer a Justice of the Peace and doesn't
make a Justice Of the Peace a lawyer
The Senator further said that he now re-
membered Col Worthington as once a
distinguished citizen of Buncombe county
but North Carolina had so many illustri-
GUS men that the speakers misfortune
was sometime TO over look one.
THE SESSION.
Lieut. Gov. Turner called the Senate TO
order at II o'clock, prayer by Rev. a. W.
Curtis. OF the Congregational church.
Reading of the Journal was dispensed
with.
Leave of absence was granted Senators
Mcneil, Calvert and Speight until Mon
de-