Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1909-04-05
Kansas Woman Doesn't
Have to Give Up Name
And Take Husbands Just Be.
cause She is Married.
0,E1f ct. = ,
Interesting Opinion Given by kttor.
ney General F. D. Jackson.

Topeka, Kan, April 4.-Attorney
General F. d. Jackson has given an
opinion in which he says that q mar
i; -, ried woman doesn't have to take the
Vs., name of her husband unless she want
~. to, that husband can take the name
of his wife il he sees fit, or that both
can change names without even re-
~ sorting to the courts or the Legislature
The opinion was rendered in case
submitted by Secretary of State c. f.
D. Denton A woman who was a notary
public married She wanted to know II
IN she could still serve as notary under
%" the commission granted her in her
ti maiden name. The attorney general
held that she could, but remarked that
H'f since she was now married she should
-e'; drop the notary public business and
n atterd to her household duties. The
- opinion follows:
THE taking of the name of the hus-
band by the wife seems to be a mat
III ter wholly of custom and not OF law.
but IL seems to be a general custom
throughout the whole of the universe
s>:t and one that has prevailed for CEN
II turies.''
The opinion then quotes from an au-
~. thority as follows:
1.-The husband, as the head of the
~ family, has the right to fix the family
j. name, the wife, by custom, takes the
surname of the husband; but since by
~ common law a man may legally change
tn" his name, there seems to be no legal
objection to his adopting his wife S
family name should de desire
Another authority is quoted as fol-
m lows
H. I'm accordance with this doctrine
in he ~,
~ of the family, it is a general rule, fixed
by custom at least, that marriage CON
~! fers upon the wife the surname of the
- husband.
~ There is no statute upon the sub
= iect in this state of which | am aware. -
says the attorney general. Then H.
~%f quotes as follows:
" THAT when divorce shall be grant
ed by reason of want or aggression Of
~" the husband the wife shall! be restored
~ to her maiden name if she desires. "
This is statutory recognition OF
~~ the custom at least" says the attorney
NJ general. "If this matter rests upon Gus
tom. and the man has the right to
30 change his name if he wishes to do so.
-" see no reason why the husband could
ont be known by one name and the
I'll wife by another. This would probably
bring upon their heads the criticism of
, society, but 1 do not know of any rule
M of law that would be violated by such
J" conduct. 1t will follow from this that
Il woman who has been commissioned
Oh a notary public and who aftcrward
9iI Inarriess may use the name under
which she was commissioned in au-
Sthenticating her official acts
II think it would be unwisc for a
person to accept legal document
signed by q notary public such as is
above described when the action of the
NJ notary public in any way affects the
~, validity or proof of the contract If l
rs were to accept an instrument under
&C., such circumstances I would insist upon
>, the instrument being sworn to or ac-
& knOwlcdged before a notary public
&c about whom there could be no doubt.
There is a question about d woman
under such circumstances. A woman
who is notary public and who then
gets married should drop the notary
60 public business and attend to her 9TH
T. err business