ves thousands of miles
away in the Eastern States; there was no railroad or telegraph; mining
claims, being real estate, had to be transferred by deed, often in a
hurry, and this law was largely a necessity. It now works great
injustice to women, however, through the fact that all the property
accumulated after marriage belongs to the husband and he may legally
dispose of it without the wife's knowledge, leaving her penniless.
Even the household goods may be thus disposed of.[191]

A law of recent years exempts from execution a homestead to the value
of $2,000 for "the head of the family," but even this can be sold by
the husband without the wife's signature, although he can not mortgage
it. This property must be designated as a "homestead" on the margin of
the recorded title, and it must be occupied by the owner. "A woman
occupying her own property as the home of the family has the right to
designate it as a homestead. The husband has the legal right to live
with her and enjoy the homestead he has settled upon her."(!) He has,
however, the sole right to determine the residence of the family, as
in every other State, and by removing from a property the homestead
right is destroyed. If the husband abandon the wife and acquire a
homestead elsewhere, she has a right only in that.

Neither curtesy nor dower obtains. The surviving husband or wife, if
there are children or the descendants of children living, receives,
subject to the payment of debts, one-half of the entire estate, real
and personal. If there is no living child nor a descendant of any
child, the entire estate goes to the survivor.

Husband and wife have the same rights in making wills. Each can will
away from the other half of his or her separate property.

In buying and selling, making contracts, suing and being sued, the
married woman has the same rights as the unmarried.

In 1895 fathers and mothers were made joint guardians of the children
with equal powers.

The expenses of the family and the education of the children are
chargeable upon the property of both husband and wife, or either of
them, and in relation thereto they may be sued jointly or separately.

In case a man fails to support his family, he can be compelled to do
so on the complaint of the wife, the chairman of the board of county
commissioners, or the agent of the humane society. Unless he show
physical incapacity, or some other good reason for this failure, he
may be committed to ja