In 1899 a number of Factory Inspection Laws were passed, some of them especially intended to protect women. While these serve their purpose in one way they may defeat it in another, as those, for instance, limiting the work of women to ten hours a day and prohibiting their employment at night in any manufacturing concern, when no such restrictions are imposed on men, which often is to their advantage with employers. Seats for women employes, suitable toilet-rooms and a full hour for the noonday meal are commendable features of these new laws.
Through the efforts of Robert Dale Owen and a few other broad-minded men, when the constitution of Indiana was revised in 1851 the laws for women were made more liberal than those of most other States at that period, although conservative compared to present standards. Unjust discriminations have been abolished from time to time since then, until now, in a very large degree, the laws bear equally upon husband and wife. Some distinctions, however, still exist, as is shown by the introduction of bills in almost every Legislature "to remove the existing disabilities of married women."
Dower and curtesy are abolished. If a husband die, with or without a will, one-third of his real estate descends to the widow in fee simple, free from all demands of creditors; provided, however, that where the real estate exceeds in value $10,000, the widow shall have one-fourth only, and where it exceeds $20,000, one-fifth only as against creditors. If a husband die without a will and leave a widow and one child, the real estate is divided equally between them; the personal estate is divided equally if there are not more than two children; if there are more than two the widow still has one-third. If a man has children living by a former marriage and none by a subsequent marriage, the widow can have only a life interest in her share of his estate. If a wife die, with or without a will, one-third of her real and personal estate descends to the widower, regardless of its value, but subject to its proportion of her debts contracted before marriage. If a husband or wife die without a will, leaving no child, but father or mother, one or both, three-fourths of the entire estate goes to the widow or widower, unless it does not exceed $1,000, in which case it all goes to the widow or widower. If there are neither children, father nor mother, the entire estate goes to the widow or widower.
The husband is liable for the wife's debts incurred before marriage to the extent of any property received by him through her. He is not liable for his wife's contracts with respect to her separate property, business or labor, or for torts committed by her.
She may sue in her own name for injury to her person, property or character. The husband may maintain action for the loss of her society and services.
A wife can not convey or encumber her separate real estate without the joinder of her husband, nor can he do this with his separate real estate unless she joins. Husband and wife each may dispose of two-thirds of their real and personal estate by will without the consent of the other.
A married woman may without any legal formalities carry on business or trade or perform any labor or services on her sole and separate account and her earnings shall be her sole and separate property, provided she keeps her business distinct from her husband's, as all their joint earnings are his property.
A wife can act as executor or administrator of an estate only with her husband's consent.
No married woman can become surety for any person.
The father has the custody of the persons and the control of the education of the minor children, even though there may be a guardian appointed for their property. (1896.)