Page:History of Woman Suffrage Volume 4.djvu/848

 The estate of a child who dies without a will and leaves neither wife nor children, goes to the father; if he is dead, to the mother.

The wife can not convey or encumber her separate real estate without the joinder of her husband. 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.


 * 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