This year the State Teachers' Association secured a law permitting a Teachers' Retirement Fund to be created, which, with some amendments in 1899, enables a teacher after twenty years' service, if incapacitated for further work, to receive from $250 to $600 per annum. Some improvement also was made in the property laws for women.
In April, 1898, through the efforts of the Federation of Women's Clubs, a law was passed and an appropriation made for State Traveling Libraries.
Dower and curtesy obtain. The widow is entitled to a life use of one-third of the real estate and, if there is a child or children, to one-third of the personal property absolutely; if there are no children, to one-half of it. The remainder of the real and personal estate goes to the husband's kindred. "The widow may remain in the mansion house of her husband free of rent until dower is assigned." The widower is entitled to the life use of all the wife's real estate, and if there is no will, to all her personal property without administration. She may, however, dispose of all of it by will as she pleases. She can not by will deprive the husband of his curtesy in real estate, except by order of the Court of Chancery when she is living separate from him. She can not encumber or dispose of her separate estate without his joinder. He can mortgage or convey his real estate without her joinder but it is subject to her dower. Her separate property is liable for her debts but not for those of her husband.
Since 1895 a married woman may contract as if unmarried, and sue and be sued in her own name as to property, but for personal injuries the husband must join. She can not become surety.
Since 1896 she may carry on business in her own name, her earnings and wages are her separate property, and her deposits in savings banks are free from the control of her husband.
The father is the legal guardian of the persons and estates of minor children. At his death the mother becomes guardian. In case of separation with no misconduct on the part of either, the mother has the preference until the child is seven years old, after which the rights are equal. Provision is made for the access of the mother to infant children. On the death of the one to whom the child is assigned it is subject to the order of the court.
The husband must furnish such support as will maintain the wife in the position in which he has placed her by marriage. If he refuse he must give bonds or go to jail. The wife must contribute to the support of the family if the husband is unable.
The "age of protection" for girls was raised from 10 to 16 years in 1887. The penalty is a fine not exceeding $1,000 or imprisonment at hard labor not exceeding fifteen years, or both. No minimum penalty is named.
No girl under fourteen shall be employed in a factory, and no children under fourteen shall be employed in any workshop or factory over ten hours a day or sixty hours a week. The failure of employers to provide seats for female employes beside a work bench or counter shall be punished as a misdemeanor.
Suffrage: New Jersey is the first State in which a woman ever cast a ballot. The constitution adopted July 2, 1776, conferred the franchise on "all inhabitants worth $250, etc." In 1790 a revision of the election law used the words "he or she," thus giving legislative sanction to a construction of the constitution which placed women in the electorate. While the records show that women did vote for various officers, including President of the United States and members of the Legislature, yet in those days of almost absolute male supremacy, when it was not customary for women to own even $250 worth of property and all they possessed became the husband's at marriage, it is not to be supposed that very many could avail themselves of the privilege. Enough did so, however, to make them a factor in the fierce political contentions which soon arose, and to gain the enmity of politicians. In 1807 the Legislature passed an arbitrary act limiting the suffrage to "white male citizens." This was clearly a usurpation of authority, as the constitution could be changed only by action of the voters. Nevertheless, men were in power and women were no longer permitted to exercise the franchise.