Dower exists but not curtesy, unless the wife dies intestate and there has been issue born alive. If there are children the wife is entitled to one-third of the real property for her life and one-third of the personal property absolutely. If there are no children living she takes in fee simple one-half of the real estate where it is a new acquisition and not an inheritance, and one-half of the personal estate absolutely as against the collateral heirs; but as against creditors she takes one-third of the real estate in fee simple and one-third of the personal property absolutely. If either the husband or the wife die without a will and there are neither father, mother, nor their descendants, nor any paternal or maternal kindred capable of inheriting, the whole estate, both real and personal, goes to the surviving wife or husband.
The wife may sell or transfer her separate real estate without the consent of the husband. He can do the same with his real estate but can not impair her dower. A transfer of the homestead requires the joint signature.
A married woman as sole trader may engage in business on her own account and have the profits free from the interference of her husband, but if she is simply working for wages he may sue for her earnings and his receipt will bind her.
The father is the legal guardian of the children, having custody of their persons and property, but "no man shall bind his child to apprenticeship or service, or part with the control of such child, or create any testamentary guardianship therefor, unless the mother shall in writing signify her consent thereto." At the father's death the mother may be guardian of the persons of the children but not of their property unless derived from her.
There is no law requiring the husband to support his family.
The "age of protection" for girls was raised from 12 to 16 years in 1893, with a penalty of imprisonment in the penitentiary not less than five years nor more than twenty-one. In 1899 the minimum penalty was reduced to one year.
Suffrage: Women have no form of suffrage except under the Three-Mile Law. This provides that, on petition of a majority of the inhabitants living within three miles of any church or school, the court shall make it illegal for liquor to be sold within this limit for two years. The law never has been utilized in the larger cities, but has been tried in numerous small towns and hundreds of outlying districts, where it has borne the test bravely, ruling out completely the public drink-houses. Wherever it has been put into force, women have been a strong factor, giving their own signatures in its favor and in many instances making house to house canvasses to obtain signers.
Office Holding: Women are not eligible for any elective office. For twenty-five years, however, they have held clerkships in both branches of the General Assembly. In 1899 a bill to disqualify them from holding these was defeated in the Lower House by a considerable majority. But this same Legislature did not hesitate to declare women not qualified to serve as notaries public, which they had been doing for several years.
There are police matrons in Little Rock and Hot Springs.
For one year the "visiting committee" appointed by the School Board was composed of three men and two women. The latter made a written report, but the innovation was not repeated.