ts of married women,
was passed in 1846. Modifications and changes have followed each other
through the entire history of our state legislation, until our present
law approaches a condition so nearly one of equal and exact justice
between the sexes, that it might serve as a model for other states less
progressive than our own. Except in the way of political disabilities
our law makes no discrimination against or in favor of women. They have
all the rights and privileges enjoyed by men, and are subject to the
same duties and responsibilities. Before the law they are equal, but, as
a matter of fact, where the law does not interfere, how is it in regard
to the property rights of the wife? The unmarried woman has control of
her property, if she has any, to the same extent that an unmarried man
has control of his. If she accumulates money or property by an
expenditure of her time and labor, it belongs to her alone. She can keep
it, give it away, will it, spend it, enjoy it, with the same
unquestioned right and freedom enjoyed by her brother. But a married
woman possesses no such independence, notwithstanding the laws in her
favor. The circumstances of her life may be such, that the law will be
powerless to protect her in the enjoyment of property which by right
belongs to her. The relations and respective duties of husband and wife
are such that the husband usually and necessarily controls the business
and the family income. The amount of that income over and above the
expenditures for family expenses, he invests as he chooses. If it is his
will to invest it in real estate, the law says she may have a share of
it after his death. If he deposits it in a bank or purchases stocks,
bonds, mortgages, or other personal property, the law again says part of
it shall be hers, if she survives him, and he has not disposed of it
while living, as he has a legal right to do. In either case, she cannot
control a single dollar during the life of her husband, if he chooses to
deprive her of that privilege. The property accumulated during the
marriage may be acquired by the wise judgment, strict economy and
self-denial of the wife in connection with the time and labor of the
husband. It may even be obtained wholly by her efforts, even though not
arising from the profits of any "separate business" recognized by the
law. Her contribution to the family income may, and generally does, come
into the possession of the husband and he invests it in pro