CHAPTER XII.

CONCLUSION.

[Sidenote: Common law in Iowa.]

[Sidenote: Unmarried women. Property rights.]

[Sidenote: Married women.]

[Sidenote: Law will not protect them.]

The rules of the common law have never prevailed in all their harshness

in Iowa. At the time when the young state was born, public sentiment

already demanded a code more just, and, as before noted, the first law

for the protection or extension of the property rights 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 property to

which he naturally and as a matter of course takes the title. During his

life he controls it. After his death one-third will belong to the wife,

if there are children. If there are no children one-half will go to his

heirs no matter how distant the relationship may be.

[Sidenote: Law may result in hardship and suffering.]

In cases where the joint accumulations of husband and wife are only

sufficient to support the wife in comfort after the death of her

husband, the law of descent as it now stands, may result in positive

hardship and suffering. No matter how small the amount of property

belonging to a deceased husband may be, one-half of it will descend to

his heirs, if he has no children, and the wife be left with no means of

support. Of course the result would be the same in the case of the

husband upon the death of the wife, if she held the title to all of the

common property. That this law of descent has not operated to the

disadvantage of the husband, but invariably to the disadvantage of the

wife, is not due to any defect in either the letter or spirit of the

existing law, but is the natural and inevitable result of the custom

which gives the husband the title to and the control of the joint

earnings of himself and wife.

[Sidenote: Change or modification needed.]

It is difficult to suggest a remedy or to conceive of any law which

would adjust and equalize the relations of husband and wife in the

ownership and control of common property during the lifetime of both,

but if some just and wise legislator can devise some change or

modification of the present law, which will not interfere with the

husband's proper and necessary position as breadwinner and manager of

the business of the family partnership, and which will give to the wife

control of a portion of the family income while the husband lives, and

when the total amount of property held by either, is only sufficient to

afford a comfortable support to the other, will after the death of the

owner of the property, secure it all to husband or wife, as the case may

be, he will add to the laws of the state the one requisite necessary to

secure to women equal property rights with men, and a more just

distribution of intestate property.

Legal Status of Women in Iowa · 第 12 / 12 章