Elmore County Republican. [volume] (Mountain Home, Idaho) 1910-1915, 1913-02-08
WOMEN UP IN ARMS

'S"-N Vt Nv NNNS
The Women of the state are activ-
ly protesting against the enactment
into law of House Bill No. IA, by
Ferguson of Pocatello. AS originally
presented, this bill was as follows:
Upon the death of the wife, the
entire community property, without
administration, belongs to the sur
viving husband, except such portion
thereof as may have been set apart
to her by judicial decree, for her
support and maintenance, which por-
ton is subject to her testamentary
disposition, and in the absence of
such disposition, goes to her descend
ants or heirs, exclusive of her hus-
band.
Upon the death of the husband,
one-haf of the community property
goes to the surviving wife, and the
other one-half is subject to the tes-
tamentary disposition of the hus-
band, and in the absence of such dis
position, goes to his descendants,
equally, if such descendants are in
the same degree of kindred to the
decedent; otherwise, according to
the right of representation; and in
the absence of both such disposition
and such descendants, is subject to
distribution in the same manner as
the separate property of the hus-
band, the entire community property
is equally subject to his debts, the
family allowance, and the charges
and expenses of administration.
This is word for word the old law
of 1887 concerning the descent OF
community property. The present
law gives the husband and wife equal
rights in the distribution of commun.
ity property. 1t is as follows:
Sec. 5713. Upon the death of eth
er husband or wife, one-half of all
the community property shall go to
the survivor, subject to the commun
ity debts, and the other half shall be
subject to testamentary disposition
of the deceased husband or wife, in
favor only of his or her or their
children or parent Of either spouse,
subject also to community debts, pro-
vided that not more than one-half OF
the decedent's half of the community
property may be left by will to a par.
ent or parents. In case no such tes-
tamentary disposition shall have
been made by the deceased husband
or wife Of his or her half Of the
community property, shall go to the
survivor, subject to the community
debts, the family allowance and the
charges and expenses Of administra-
ton. Provided, however, that no ad.
ministration of the estate of the wife
shall be necessary If she dies ines.
tate. Approved Feb. Is, 1911.
According to Statesman reports
Ferguson's bill was amended in com
mittee of the whole to give a wife
the right to make a will in favor OF
her children, but nobody else, while
the husband was left at liberty to
will one-half of the community pro-
perty to anyone he choose. This
amendment still leaves the bill SO
one-sided, and so unjust to the wife
that the women will never consent
to it. They simply ask that the hus-
band and wife shall be placed on an
equality in the distribution of the
community property. The Supreme
Court has held that they are equal
partners in the ownership Of the
community property, but that the law
makes the husband the business man.
ager for the partnership during his
life. This being the case, the wife
should have the same rights over
the property on the death OF the
husband that he has on her death,
and the same power to will her share
that is given to him to will his-to
deny her this Is to add the folly of
inconsistency to the crime of injus-
tice.