Perth Amboy evening news., 1911-03-07
'STREITWOLF
HELPS WOMEN
Gets Bill Through Assem- bly,
Concerning Property.
special 70 ne EvEgryo gEw..

" " - " " II '" ~
Trenton, March THE House today
passed what is generally known as the
marriage property bill, introduced by
AssembIyman Streitwolf, of Middlesex
County. The title of the bin is San
act concerning domestic relations, ere.
ating and defining the property rights
of husband and wife, The bill takes
put the cause of the married woman
and gives her the same control over
her property as If she were unmarried.
When the bill came up for final read
ing this morning Mr.. Streitwolf made q
strong plea for its passage. After
giving a brief history of legislation
along this line, Mr.. Streitwolf spoke
as follows:
Mr.. streitwolf's Speech.
aBy the common law, which we ae-
cepted by our Constitution a married
woman, had, as the fiction went, no
separate existence apart from her hus-
band. During her life her lands be-
came her husbands, though they re-
verified to her or her heirs after the
husband death. The personal proper
ty became the husbands absolutely
and a married woman was not priv
legged to make q disposition by will ex.
cept by the consent OF her husband.
AS a corresponding duty the husband
became liable for all the contracts of
his wife and for all forts committed
by her irrespective of their character.
All causes of action vested in the hus-
band and he was the only person who
could sue for an injury to the wife's
real property.
HIn 1874, the State of New Jersey
passed an enabling law, which, as it
appears, in the End Vol. Of the Gen
eral Statutes, embracing 38 selections,
together with other acts supplementary
and a~mendatory thereof, taken colec-
lively, should be handsomely framed
and permitted to adorn the walls Of
the State Museum as a relic of an
tiquity. BY section Of this law
(l874), the initiate right of courtesy
was by implication abolished. Cour-
tesy initiate had its origin, not simply
in the marriage but in the birth of is-
sue, and gave the husband, immediate
ly upon the birth of issue, a perma-
nent interest in the lands of his wife.
the right of courtesy, more correctly
termed tenancy by the curtesy' was
not only recognized by this Act but so
strongly protected that by Sec. IA it
placed a direct prohibition upon the
wife from conveying or ~encumbering
her property, which by construction is
held to this day to declare any deed
or encumbrance by the wife upon her
property, without the written consent
of her husband, to be void and inef-
f~ectual. So that we find that a wife
is not permitted to mortgage or convey
her interest in her property, subject
to whatever interest her husband may
have, present or expectant but that such
mortgage or conveyance is void.
ssThe law Of 1874 in charging the
wife's property with an absolute re-
~straint in conveying or m~ortgaging
her property, without her husbands
consent, goes further in establishing
the husbands inequitable right than
the common law has ever declared.
Provisions of Bill.
SIN the bill under consideration the
right Of courtesy is recognized aud
in cases of intestaey Of the
wife, but to this extent only. She is
privileged to devise by will, mortgage
or convey, free from the restraint of
Sec. IA of the present law, and free.
from the restraint of the common law,
and gives to her not only what she
should be justly entitled to, by all the
devine and moral laws, but to deny her
this right is to sur that by virtue
of the marital relation she is incapable
of managing her property or affairs.
1.-THE next feature of this bill that
I desire to bring to your attention is
contained in Sec, 4, wherein / have pro-
vided that a married woman shall be
liable for her wrongful or tortious acts.
This particular branch Of the common
law has never been changed and I
need not dwell upon the absurdity of
charging the husband with full Iiabil-
itys for the torts committed by the
wife.
hThe next feature Of the bin permits
conveyances and transfers Directly be-
tween husband and wife without the
Intervention OF a third party. It is
questionable whether this provision is
expressly needed in view of See, and
2 but to avoid any uncertainty it is
expressly declared. / need not dwell
upon the present conditions that only
result in a needless deed, additional
expense, that only serve to cloud and
confuse the records, and hat has not
an argument Of merit in its favor.
/ have been explicit in order that /
might not be charged with coneealing
any feature of the bill and TO explain
how it will operate to change the pres
emit law. ! have given you historical
references to show you that New Jer-
Isey has made little or nc effort to place
her married women upon the same foot
ing of equality tina is enjoyed by the
women of her ~neighboring states, that
belongs to them by the devine and
moral laws, and upon every principle
of right and justice.
The passage of the bill will not only
reflect great credit but honor and in
telleetually upon the One Hundred and
thirty-ffth session of the Legislature Of
the State of New Jersey and I humbly
commend it to you for unanimous sup