Imágenes de páginas
PDF
EPUB

The Wife's Suits. Since 1862 the wife has been permitted to bring and maintain suits in her own name when they relate to her separate property, business or personal rights.

Distribution of an Intestate Decedent's Personal Estate. The wife, at least since 1867, receives onethird of her husband's personal estate, if there are descendants, and one-half if there are no descendants. If there are neither descendants nor parents, the wife receives two thousand dollars and one-half of the balance absolutely. If there are no descendants, parents, brothers, sisters or their children, the wife receives the whole of the personal estate. Where there are descendants, in 1867 the husband's right to all of the personal property of his deceased wife was reduced to one-third.

Wills. Since 1867 women have been able to make valid wills after reaching sixteen years of age (and men after reaching eighteen) of both their real and personal property, wills of married women having the same force and effect as those of single women.

The Statute of Limitations. Formerly the period during which suit might be brought for a wife's rights did not begin until after her marriage had been dissolved by death or otherwise, but since 1869 and 1870 when she was given power to sue in her own name, this right was taken from her, because she had been placed on an equal footing with man in

the power to contract and it was felt that she should bear the same burdens.

Taxation. Women pay no poll tax and in effect probably 90% of the personal property held by women escapes taxation altogether. If there is a taxable man in the house the names of women domiciled therein are very seldom placed on the assessment list. If they were given the right to vote and their names were put on the poll lists they would inevitably find their way to the tax lists. It is not uncommon for a man's wife to hold in her name her husband's property as well as her own and a lavish household to pay nominal taxes levied against the man. If a single man earns one thousand dollars a year, he probably pays taxes on an estimated personal assessment of five hundred dollars. A single woman may earn twice as much and pay no personal tax.

Many of the Western states have, without the aid of women's votes, given to the wife the same rights in her deceased husband's estate as a husband has in his deceased wife's estate, with these rights not subject to being cut off by the will of the decedent. New York has not done this except so far as it protects all family relations by the statutory curb adopted principally in 1848 and 1860 in regard to gifts to charity and in 1829 on gifts for more than two existing lives. Support of Children. Mothers having property are not chargeable with the support of their children dur

ing the lifetime of the fathers and are (probably) not liable for such support even after the father's death.

Alimony in Divorce. In actions for divorce alimony is allowed only to the wife and may be ordered by the court in spite of the fact that she has independent

means.

Liability for Wrong-doing by Children. Such liability is confined to the father, whatever may be the wealth of the mother.

These improvements have been made from year to year without women having the suffrage and show that they have no cause to complain. Instead of the facts constituting an argument for Woman Suffrage, their weight is against it.

In some of the states of the Union the laws are so extraordinarily protective of women that it is hazardous to do business with them otherwise than by cash payments or bankable securities or notes indorsed by responsible men.

XV

ARGUMENTS FOR WOMAN SUFFRAGE REFUTED (Continued)

Tis said "Women are better than men, and

IT is

therefore would make better laws, and would reform politics."

This is by no means certain. To show that women are better than men it is customary to present statistics of the number of the sexes respectively in prisons and in churches. Undoubtedly more than two-thirds of the imprisoned crimi. nals of the country are men, and probably more than two-thirds of the communicants of the churches are women. But that this indicates that women are naturally better than men it is easier to assert than to prove. The majority of women are shielded and protected, while most men lead adventurous lives, away from home. Men have excessive physical energy, which frequently involves them in fierce conflicts. When they commit crimes they are more likely, under the present régime, to be convicted; for juries dislike to convict women, especially of crimes punished by long terms of imprisonment or death. Men's crimes are generally of violence, the result of excess, or distortion of those natural characteristics which in

normal degree and legitimate use give them the power of defense and aggression. Women's abstention from crimes of violence is due to those characteristics which fit them for the persuasive influence which in their normal condition they exert.

With these general views of men and women in respect to crime, etc., Frances E. Willard agrees, for in an article entitled "The Woman's Cause is Man's Cause," in the Arena for May, 1892, she said: "We do not claim that this is because woman is inherently better than man (although his voice has ten thousand times declared it); we are inclined to think it is her more favourable environment."

The same differences affect their attendance at church. The majority of churchgoing women spend their lives during the week at home, so that to attend religious meetings is a pleasant variety. Most men spend their lives away from home in laborious exercises, for which they find little relief in attending church, except when sustained by high religious motives. That under ordinary circumstances the instincts of women would be in favour of good laws, there is no doubt; but how far their temperaments would affect the character of special enactments, and how far their personal prejudices and prepossessions would affect their political action, are practical questions of moment.

Kate Gannett Wells was on the Board of Educa

« AnteriorContinuar »