Page:History of Woman Suffrage Volume 4.djvu/1005

 by gift, devise or descent afterward, remains her separate estate, but passes under the absolute control of the husband, except that he can not sell it without her consent.

The wife can not sell her separate property without the husband’s consent. He may sell his separate property without hers.

He may also sell the community property, except the homestead, without her consent.

The wife must sue and be sued jointly with her husband in regard to her separate property, and all other matters.

The wages of the wife belong to the husband as part of the community property, whether she is living with him or separate from him.

Divorce is granted to the husband if the wife commit a single act of adultery; to the wife, only if the husband has abandoned her and lived in adultery with another. The law places the division of the property entirely in the hands of the judge, but provides that “nothing herein contained shall be construed to compel either party to divest himself or herself of real estate.” Supreme Court decisions have laid down the general rule that separate property shall be restored to its owner. Where there are no children the community property may be divided as in case of death. The court, however, may make such provision as it deems essential for the support of wife or children or an invalid husband. If necessary it may place separate or community property in the hands of trustees, the rents and profits to be applied to the maintenance and education of the children or the support of the wife. The judge assigns the children for their best interests. In general practice the mother, unless disqualified morally, retains the custody of female children of any age and of males to the age of eight, when they are usually given to the father. There is no absolute rule, and in case of children or property an appeal may be taken to a higher court.

The father is the natural guardian of the persons and education of the minor children, and is entitled to be appointed guardian of their estates.

The law of support, revised in 1895, provides that “if the husband fail to support the wife or children from the proceeds of the land she may have or fail to educate the children as the for-