Woman's enterprise., 1922-05-05
WHAT'S IN A name
Setting Forth the Fact That There is
NO Law Compelling a Woman
10 Take Her Husbands Name.
Nby Lavinia H. Egan, of Shreveport,
Member National Council, Ma
tional Woman's Party.)


The Louisiana Branch of the Ma
tlonal Woman's Party, in it's Woman
Bill OF Rights, is not asking that
woman be allowed to retain her ow
name after marriage. 1t is askin
only that legal determinations agains
women be removed. There is no dis
elimination in this regard in the law
OF any state, so it is quite obviou
that, even by implication, we are no
asking for the removal of thin,
which does not exist.
Just how our Civil Code, otherwis
so exigent in everything affecting
woman's interests, could have escaped
placing upon her an inhibition will
regard to her name is not quite under
stood. The fact remains, however
that there is no status on the sub
ject, while reported cases show thai
many women sue for divorce in theil
maiden name. Colopuhoun on Roman
Civil Law In the Modern World, Sec
556, and Sherman on Roman Civil
Law, Sec. 46O, both state: "The wo-
man assumes the husbands name as
in England and elsewhere, as a natu-
raj consequence Of passing into an
other family"
And so, it is only by custom that
q woman assumes her husbands
name-does not change hers-on mar
riage. As a custom, it works well.
The vast majority of women have
followed it unquestioningly and un-
hesitatingly. For statistical purposes
it has a tremendous advantage. Think
Of the time and labor it saves the
directory man and the file clerks and
card-indexers in the Census Bureau
in Washington. Remember, don't you,
that, up to the eleventh and twelfth
centuries there were no surnames.
They came with the increase in pop
ulation and had their origin in the
trade or occupation which a man fol-
lowed, as Smith, Glover, Turner, Bak.
er and the like, or a place Of resi-
dence as Norman, Scott, Sussex, or
by adding "son" to the name Of the
father as johnson, Wilson, Nelson,
or even from some personal peculari-
ty, as Rufus, "the red" or Simon,
surnamed Peter, "a rock" But there
is no record to show that Joan was
not just as good wife to Darby be.
fore the two of them added Smith as
their family patronymic. Also, that
wonderfully written Biblical "movie'
scenario, in which the eternal tri-
angle is so picturesque depicted, loses
none of its dramatic effect by reason
Of the fact that the woman in the
case is known to US only as Potiphar's
wife. Nor, I think, do we spend Sleep
less nights in a vain effort to deter
mine the family name Of Peters wifes
mother who was "sick of fever"
Men are, by nature, worshippers Of
idols; they are constantly building
fetiches which it is the business Of
the iconoclasts Of the world ruthless
ly to destroy. Nevertheless, it is rath-
er disconcerting-perhaps should say
disquieting-to the peace and placidi-
ty Of the masculine sense of superior
ity to have to demolish this fetch
with regard to name. For success
sive generations-since the custom Of
a family name became established
man has gloried in his ability to be-
stow upon the woman of his choice his
own name which, Of course, was pos
sessed of superior virtue because it
was his. He has done this with the
same sort Of complacent generosity
that he has said, in the marriage ser.
vice, with all my worldly goods ]
thee endow?" when, perhaps, his pos.
sessions have consisted Of another
necktie and money enough to pay a
months board-bill. After the cere.
nony, many wife finds herself with
a new name, but, Of the worldly goods
she gets, beyond her board and keep
little more than her car.fare and
may perjure herself and risk her very
soul for ticket to the movies. Man
out of the abundance of his generosi.
ty, gives his name and support to his
wife and his legitimate children. A
woman, out Of the abundance of hel
generosity gives her name and he,
support to her illegitimate children
Shakespeare makes Juliet say, in ar
impassioned moment: 20, Romeo
Romeo, wherefore art thou Romeo p
Romeo in his turn rings the charges
on his unhappy circumstances, saying
"What's in a name? That which w