Since the defeat of the amendment in 1898 no State conventions have been held. During 1900 the corresponding secretary, Miss Pike, visited many towns and conferred with representative women in reference to again taking up the work; while the president, Mrs. Hill, endeavored to secure the interest and indorsement of the various political parties.
Legislative Action and Laws: In 1886 the Legislature amended the Homestead Law and gave to widows possession of the homestead, wearing apparel and household furniture of their deceased husbands, and the right to comply with the legal provisions for securing homesteads in case the husbands had not done so; it further declared that the homestead should be inviolate from executions for the payment of debts, either individual or community; it amended the community property law, giving husband and wife equal rights in the testamentary disposition of it. It also enabled married women to act as administrators.
In 1890 the Legislature conferred School Suffrage upon women. The act was approved by Gov. E. P. Terry on March 27. The same Legislature passed a bill requiring employers to provide seats for their female employes, and enacted that all avenues of employment should be open to women. It amended the community property law so that husband or wife could prevent the sale of his or her interest.
In 1891 a bill was passed which made a woman punishable for the crime of arson, even though the property set fire to might belong to her husband.
The Legislature of 1893 appropriated $5,000 for the Woman's Department of the State at the World's Fair in Chicago. A bill passed this year provided matrons for jails in cities of 10,000 or more inhabitants. The "age of protection" for girls was raised from 12 to 16 years. Unfortunately the title of this bill was omitted and in compiling the code it was excluded, but the Supreme Court afterward legalized the action of the Legislature.
In 1899 the age was raised to 18 years. This was accomplished through the efforts of the W. C. T. U., under the management of Misses Mary L. and Emma E. Page. The penalty is imprisonment in the penitentiary for life or "for any term of years." No minimum penalty is given. Deceit or fraud may be considered force.
Married women were granted the right to act as executors of wills in 1899.
Dower and curtesy are abolished. The testamentary rights of husband and wife are the same in regard to their separate property. If either die without a will, leaving only one child, or the lawful issue of one, the widow or widower takes half the real estate. If there is more than one child living, or one child and lawful issue of one or more children deceased, the widow or widower takes one-third of the real estate. If there is no descendant living the survivor receives one-half the real estate, unless there is neither father, mother, brother nor sister of the decedent living, when he or she takes all of it. The surviving husband or wife has one-half the personal property if there is issue living, otherwise all of it, after the debts are paid.
The old Spanish law in regard to community property obtains. While each retains control of his or her separate estate, the control of the community property is vested absolutely in the husband. This includes all acquired after marriage by the joint or separate efforts of either; lands acquired under the homestead laws; lands purchased with money derived from profits or loans of the wife's separate estate; lands purchased by her with money saved from household expenses; and the court has held that even her earnings outside the home are community property unless she is living apart from her husband. The husband can not convey this without the wife's signature, and he can not dispose of more than one-half of it by will. Upon the death of either husband or wife one-half of the community property descends to the survivor, and the other half is subject to testamentary disposition. If there is no will the survivor takes half and the heirs of the deceased half; if there are none he or she takes the whole. The survivor has the preference in the right of administration.
A married woman may make contracts and sue and be sued in her own name. Husband and wife can not enter into business partnerships with each other.