d. The husband can sell or mortgage all his
real estate without her joinder, but subject to her dower. They are
both free agents as to personal property.
If divorce is obtained for the adultery of the wife, her own real
estate may be withheld from her, but not so in case of the husband.
In case of divorce, the court decides which parent is more fit for the
guardianship of children under fourteen years of age; over fourteen,
the child decides. Except when children are given to the mother by
decree of court, the father is the legal guardian of their persons and
property. He may appoint by will a guardian for a child, born or
unborn, to the exclusion of the mother.
The husband must support the family according to his means. Failure to
do so used to be considered a misdemeanor but it has recently been
made a felony punishable by imprisonment in the penitentiary from one
to three years unless he give bond for their maintenance. This is
likely to be of little effect, however, because of the law of
"privileged communications" which makes it impossible for the wife to
testify against the husband.
In 1891 the "age of protection" for girls was raised from 10 to 16
years, after thousands of women had petitioned to have it raised to
18. If the child is under 10 years the penalty is imprisonment in the
penitentiary for life; between 10 and 14 not less than seven nor more
than thirty years; between 14 and 16 not less than one nor more than
seven years, or it may be imprisonment in the county jail not less
than three months nor more than one year.
SUFFRAGE: An amendment to the constitution was adopted in 1875, giving
women a vote on all questions pertaining to the public schools. It
being held afterward that this did not enable them to vote for county
superintendents, an act for this purpose was passed by the Legislature
in 1885. (!) The constitution was further amended by popular vote in
1898, granting to women the franchise for members of Library Boards,
and making them eligible to hold any office pertaining to the
management of libraries. On as harmless an amendment as this 43,600
men voted in the negative, but 71,704 voted in the affirmative; and it
was adopted.
This was probably the last election at which any amendment whatever
could have been carried; for, among four submitted in the same year,
was one providing that thereafter no amendment could be adopted by
merely a majority of those voting upon it, but that it m
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