In 1899 a bill was introduced by Representative McIntosh of San Juan
County (near the Colorado line), on request of his constituents, for
the extension of School Suffrage to women. This received the favorable
votes of one-third of the Lower House, but did not reach the Senate.
A law was passed April 2, 1884, defining the rights of the married
woman. It secured to her the control of property owned by her at the
time of marriage and of wages earned afterward, made her not liable
for her husband's debts and gave her the same power to make contracts,
wills, etc., as was possessed by him. The law at present is as
follows:
Curtesy still obtains. One-half of the community property goes to
the wife whether the husband dies testate or intestate. In
addition to this she is entitled to one-fourth of the rest of his
estate, "provided this deduction shall only be made when said
property amounts to $5,000, and the heirs be not descendants;
although it may exceed this sum in the absence of the latter.
Also from the property of the wife the fourth shall be deducted
as the marital right of the husband, and upon the same
conditions, should the husband without this aid remain poor." If
there are no legitimate children surviving, the widow or widower
shall be heir to all the acquired property of the marriage
community.
By act of 1897, a mortgage not executed by the wife shall in no wise
affect the homestead rights of the wife or family.
By act of 1899: "The signature or consent of the wife shall not be
necessary or requisite in any conveyance, incumbrance or alienation of
real property owned by the husband, whether such property became his
before or during coverture; but the right to make such conveyance or
create such incumbrance shall exist in the husband to the same extent
as though he were unmarried."[375]
The father is the legal guardian of the minor children.
The husband is not required by law to support the family.
In 1887 the "age of protection" for girls was raised from 10 to 14
years, with penalty of imprisonment not less than five nor more than
twenty years.
SUFFRAGE: Women have no form of suffrage.
OFFICE HOLDING: In 1899 a bill passed for appropriations, etc., for
the Deaf and Dumb Asylum recommended the appointment of two women on
the Board of (five) Trustees. The appointments were duly made and
confirmed.
Women serve as members of county schoo
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