The Savannah morning news., 1904-03-05
RIGHTS OF WOMEN
UNDER The LAW
SHOWN TO WoMAN'S CLUB.
WOMEN CAN'T VOTE AND ARE ELL
CHILE FOR BUT TWO OFFICES.

May Act in Various Legal Capacities
But Cannot Practice Law-May he
Sued for Breach of Promise as
Well as BE the PIaintif i'm such a.
Case-UsuaIIy Takes Name of Hus-
band on Marriage But Is Not Conn
PEELED to Do So-Husbnnd Entitled
tn Services and Earnings of Wife.
Before the members of the Woman's
Club Mr.. t. Mayhem CUNNINGHAM.
Jr., last night delivered an interesting
address, dealing with the laws of the
state referring to women and children.
Among the phases of the matter to
which reference was made was the
marriage contract, breach of promise
woman's property rights, divorces and
dowers.
The address was most instructive
one and contained much information
that may serve as themes for papers at
coming meetings of the club. "Fe-
males,' Mr.. Cunningham said, ARE not
entitled to the privilege of elective
franchise, nor can they hold any civil
OAAtNNt AACA RSAAOA III any SlNli AullIlAOilS,
unless specially authorized. Further,
the only civil offices they can hold in
Georgia are those of state librarian,
and of assistant physician at the state
lunatic asylum. They may act as
executrix, Administrative and guar
dian, but they can not practice law.
They can not be compelled to testify
in the court house in a civil case, but
must testify in court in a criminal
case"
Something About Marriages.
Referring to marriage the speaker
informed his audience that the omis-
sion of license or bans in a marriage
does not invalidate the marriage, but
renders the person performing it liable
to a fine. Either party may bring
action for breach of promise against
the other. The measure of the dam
ages is the enlightened conscience of
an impartial jury.
n Discussing the relation of husband
and wife, the speaker said the fiction
under common law was the unity of
husband and wife; under the civil law
the idea was duality, but in equity
the actual separate existence was al
ways recognized even where common
law prevailed. The husband is the
head of the family and the wife is
subject to him. Her civil existence is
merged in the husband.
Wife Agent of Husband.
The wife is the agent of the hus-
band in the purchase of necessaries
and the husband is therefore liable
for them. The husband is bound to
support the wife, and the wife may
be bound to support the husband The
husband is entitled to the services and
earnings of the wife.
The old writer's say, the speaker
said, that the husband may chastise
the wife with a rod no thicker than
his thumb, but now the law of love,
rather than of force, prevails, and a
very slight chastisement would rem
der the husband criminally liable for
assault and battery.
The domicile of the wife is that of
the husband. The wife adopts the
husbands name, but this is matter
of choice; the husband may adopt the
wife's, or they may both assume a
name different from that of either.
Cannot Exclude Husband.
OnQeF the act or 1900 the property
of the wife at the time of her marriage
and all property given to, inherited or
acquired by her during coverture, is
her separate property, though not hers
In an absolute sense. Thus she cannot
exclude her husband from the house,
or restrict him to the use of a certain
chair. He is not guilty of trespass for
entering her premises, or of trover, or
of larceny. A woman's will is revoked
i.
contemplation of marriage.
Divorces may be partial or total, the
concurrent verdict of two juries at diff
ferent terms of the court being needed
to secure the latter. The ground for
total divorce are: Intermarriage with
in the prohibited degree, mental in
capacity at the time of the marriage,
physical inability at the time of mar
riage. infidelity, continued desertion
for three years, or conviction for a
penal offense.