Evening star. [volume] (Washington, D.C.) 1854-1972, 1909-10-28
ditions do not always exist. and a double
duty devolyes upon the wife and mother
.
Married Woman's Right Of Property

Married Woman's Right Of Property
II the man, for any reason. cannot or
will not provide for his family the wife
and mother must do so, and often she is
seriously handicapped. not only by lack Of
training. but by legal conditions. Under
the old law married woman. having no
legal separate existence, could only con-
tract as her husbands agent. Later
laws passed In many of the states gave
married women the right to contract as
to their own separate estates for their
own benefit, but such q law gave them
no power to pledge their separate prop
erty for the support or education of their
children.
The question naturally arose, how to
frame law which would give a married
woman of property financial credit for
family maintenance without allowing the
father to shirk his responsibilities. This
mas been met In the District Of Columbia
and several states by provision that "a
married woman may in writing pledge
her separate property for the support of
the family" This leaves no loophole for
an implied contract on her part.
There Is great need of uniform laws
as to guardianship in the different states.
and the General Federation of Women's
Clubs and other organizations are doing
an excellent educational work in this d.
rection: The law was changed in the
District Of Columbia June 1. 1899, and the
state Federation of Connecticut took up
the same fight few years later and pro-
cured change in the law in 1901. and
there are probably other similar move
ments In other states not within the
writer's knowledge The same difficulties
do not exist as in the case Of laws Kovern-
ing marriage and divorce, where the row.
ing fancy promotes 1axity Of observance
OF the marriage vows and contract. At
the same time, serious complications arise
because of the different laws in the differ
ent states.
This may be illustrated by a case where
couple living in the District Of Columbia
rated. the mother retaining the children
and supporting them and herself. The
father. an officer in the navy, went to
New Jersey; and the wife. at his request.
sent the children to him temporarily on
visit. While there the father died, leaving
his children to his sister as their guar
dian. to the exclusion OF their mother.
me mother began Proceedings In New
Jersey. and was awarded the custody of
the children. but before the order couIf1
be carried out the little ones were taken
away to the District Of Columbia, where.
at that time. the mother had no right In
her child This happened at the time that
Dln reIerred to was before Congress. and
several senators called attention on the
senate floor to the monstrous condition of
the law that would take young children
from their mothers. The lower court de-.
cided that the District court had juris-
dNaT0e(7
custody OF the children to their aunt.
but on appeal to the Court Of Appeals
that tribunal. two to one. decided that the
New Jersey court. having had origin ~
jurisdiction. retained 1t. and it's decree
was unreserved and final. The minorit
decision was by the chief Justice o. the
Court of Appeals. and was a long and
learned opinion. Curiously enough, this
decision was handed down June >. 1saa;.
the next day after President Cleveland
siged the bill which repealed the old
statute OF 1860, enacted in the time Of
Charles II.
Punishment for Recreant Fathers.
ohe or the recent developments OF the
effort to enforce the responsibility of the
parents for the childs support has been
the enactment OF a law in several states
making 1t a misdemeanor for the husband
and father to willfully neglect or refuse
to support his wife and children who are
In destitute or needy circumstances. The
law applies equally to the widowed
mother who can provide for the support
or her minor children and does not. This
to the public as we'll as to the dependent
family. and an infraction OF 1t is pun
ishable by fine and imprisonment
1t will be granted that whatever tends
to unity the home tends to its stability
and on the stability of the home rests the
stability of the nation. At the same time
the laws must recognize the changed con-
ditions of society and provide equally
for the protection of the home main
tanned so often by the heroic efforts Of
woman. as well as for the home where
the father and mother are the joint head,
each bearing their own and each others
responsibilities.