Page:History of Woman Suffrage Volume 1.djvu/614

586 day. When I look through the nation and see the shameful mismanagement, I am convinced that it is the result, in part, of the absence of the feminine element in high stations; it is because the maternal influence is wanting that we run riot as we do. The State is in a condition of half orphanage, and needs the care and guidance of a mother.

, Esq.: Thought the movement was not entirely timely, wise, and practicable, though parts of it might be. He took up and answered each of the questions appended to the call for the Convention. His speech was characteristic of the lawyer, and the frequent recurrence of the idea, it is right because it is customary, will illustrate its moral character. He stated three several points where he thought woman was aggrieved and should have legislative redress. Office was a temptation, and he thought woman was better off without it.

Miss proposed that the men, for a while, be relieved from this great evil, and excused from the burdens of office. If this necessary duty was so burdensome, woman should be a helper and share its burdens with him. We are taught to be grateful for small favors. Our friend has been giving you milk, but to me it seems, even at that, diluted with water. There is one law, "All things whatsoever ye would that men should do to you, do ye even so to them." When our brothers are ready to be paid a dollar a week for keeping house and nursing the children, let them dictate this also to us. We women now offer to take the  Court will not allow such guardian to take the children out of the State against the mother's will, much less to separate them unjustly from the mother even though the father's will command it. (5, page 596).

During the separation of husband and wife, it is for the court now to decide, under the circumstances of each case, whether father or mother has such custody. (2 R. S 330, 332).

When both seek such custody, and both are equally qualified for it, that of daughters and young children is usually given to the mother, and that of the sons to the father, but this is in the discretion of the Court.

The earnings of the husband are his. The earnings of the wife are his, if she live with him and he support her.

But he can not compel her to work for him. And if she separate from him for cause, he may be restrained for intermeddling with her earnings.

The husband's abandonment and his refusal or neglect to provide for her, are good causes of separation. (2 K. S. 329, sec. 53, sub. 3).

For the husband's torts the wife is not liable. For the wife's torts, committed by her before marriage or during marriage the husband is liable jointly with the wife. If committed by the wife and husband, or committed by the wife in his presence and without objecting, the husband is liable alone. (1 Chitty Pl., 105, 7th American edition). Nay, even felonies (excepting murder, manslaughter, treason, and robbery), are excusable in the wife if committed in the husband's presence and by his coercion and such coercion is presumed from his presence. For this he must suffer and she must be spared. (Barb. Crim. Law, 247 and 348, and' cases there cited).

In actions or lawsuits between men and women, the law in theory claims to be impartial, but in practice it has not been impartial. Before a Court of male judges or a jury of men the bias is in favor of the woman; and if she is pleasing, in person and manners, such bias is sometimes pretty strong.

If the man and woman between whom litigation arises are husband and wife, the Court may accord an allowance to be advanced by her husband, to enable her to defray the expenses of the litigation.