Legal Status of Women in Iowa Part 11

If any person marry his father's sister, mother's sister, father's widow, wife's mother, daughter, son's widow, sister, son's daughter, daughter's daughter, son's son's widow, daughter's son's widow, brother's daughter, or sister's daughter, or, if any woman marry her father's brother, mother's brother, mother's husband, husband's father, son, husband's son, daughter's husband, brother, son's son, daughter's son, son's daughter's husband, daughter's daughter's husband, brother's son, or sister's son; or if any person, being within the degrees of consanguinity or affinity in which marriages are prohibited by this section, carnally know each other, they shall be deemed guilty of incest, and shall be punished by imprisonment in the state penitentiary for a term not exceeding ten years and not less than one year. [--5351.]

[Sidenote: Illegitimate children. Complaint.]

When any woman residing in any county in the state is delivered of a b.a.s.t.a.r.d child, or is pregnant with a child, which, if born alive, will be a b.a.s.t.a.r.d, complaint may be made in writing by any person to the district court of the county where she resides, stating that fact, and charging the proper person with being the father thereof. [--6113.]

[Sidenote: Judgment.]

If the accused be found guilty, he shall be charged with the maintenance of the child in such sum or sums and in such manner as the court shall direct, and with the costs of the suit. [--6119.]

[Sidenote: Marriage of parents.]

Illegitimate children become legitimate by the subsequent marriage of their parents. [--3391.]

CHAPTER XI.

MISCELLANEOUS PROVISIONS.

[Sidenote: Action for damages under prohibitory liquor law.]

Every wife, child, parent, guardian, employer or other person who shall be injured in person or property or means of support, by any intoxicated person, or in consequence of the intoxication habitual or otherwise, of any person, shall have a right of action in his or her name, against any person, who shall, by selling intoxicating liquors, cause the intoxication of such person, for all damages actually sustained, as well as exemplary damages; and a married woman shall have the same right to bring suits, prosecute and control the same, and the amount recovered, as if a single woman, and all damages recovered by a minor under this action, shall be paid to such minor, or his parent, guardian, or next friend, as the court shall direct, and all suits for damages under this section shall be by civil action in any court having jurisdiction thereof. [--2418.] Under this section a woman is ent.i.tled to recover for the death of her husband, or for personal injuries to him, or to herself caused by intoxication. She may recover damages for mental anguish, shame, or suffering, resulting from injuries to the person, and for injuries to, or loss of property, and means of support.

[Sidenote: Parties in action for seduction.]

An unmarried female may prosecute as plaintiff, an action for her own seduction and recover such damages as may be found in her favor.

[--3760.] In a civil action for damages it is not necessary that an unmarried woman be of previously chaste character to enable her to recover for loss of health, physical suffering, etc., but without that she cannot recover for loss of character.

[Sidenote: For injury or death of minor child.]

A father, or in case of his death, or imprisonment, or desertion of his family, the mother may prosecute as plaintiff, an action for the expenses and actual loss of service resulting from the injury or death of a minor child. [--3761.]

[Sidenote: Married women]

A married woman may, in all cases, sue and be sued without joining her husband with her, to the same extent as if she were unmarried, and an attachment or judgment in such action shall be enforced by or against her as if she were a single woman. [--3667.]

[Sidenote: Defense.]

If husband or wife are sued together, the wife may defend for her own right; and if either neglect to defend, the other may defend for that one also. [--3768.]

[Sidenote: When husband or wife deserts family.]

When a husband has deserted his family, the wife may prosecute or defend in his name any action which he might have prosecuted or defended, and shall have the same powers and rights therein as he might have had; and under like circ.u.mstances the same right shall apply to the husband upon the desertion of the wife. [--3769.]

[Sidenote: Evidence. Husband and wife.]

Neither the husband nor wife shall in any case, be a witness against the other, except in a criminal prosecution for a crime committed one against the other, or in a civil action or proceeding one against the other; but they may in all civil and criminal cases, be witness for each other. [--4891.] In prosecutions for adultery or bigamy the husband or wife, as the case may be, is a competent witness against the other.

[Sidenote: Communications between husband and wife.]

Neither husband nor wife can be examined in any case as to any communication made by one to the other while married, nor shall they after the marriage relation ceases, be permitted to reveal in testimony any such communication made while the marriage subsisted. [--4892.]

[Sidenote: Women eligible to office.]

Women are eligible to all school offices in the state, including those of county superintendent and school director. [----2828, 2829.]

No person shall be disqualified for holding the office of county recorder on account of s.e.x. [--471.]

[Sidenote: Police matrons.]

Mayors of all cities having a population of twenty-five thousand or more, are authorized, by act of the Twenty-fifth General a.s.sembly to appoint police matrons to take charge of all women and children confined at police stations. They are to search the persons of such women and children, accompany them to court, and "give them such comfort as may be in their power." No woman is eligible to this office who is under thirty years of age. She must be of good moral character, and sound physical health. Her application must be endorsed by at least ten women of good standing and residents of the city in which such appointment is made.

When appointed she shall hold office until removed by death, resignation or discharge, but she can be dismissed only after charges have been made against her conduct and such charges have been investigated. She has the right to enter work houses where women are confined, at all times. She shall be subject to the board of police or to the chief of police. Her salary shall not be less than the minimum paid to patrolmen.

[Sidenote: Right of suffrage.]

In any election hereafter held in any city, incorporated town, or school district, for the purpose of issuing any bonds for munic.i.p.al or school purposes, or for the purpose of borrowing money, or for the purpose of increasing the tax levy, the right of any citizen to vote shall not be denied or abridged on account of s.e.x, and women may vote at such elections, the same as men, under the same qualifications and restrictions. [Act of the Twenty-fifth General a.s.sembly.]

CHAPTER XII.

CONCLUSION.

[Sidenote: Common law in Iowa.]

[Sidenote: Unmarried women. Property rights.]

[Sidenote: Married women.]

[Sidenote: Law will not protect them.]

The rules of the common law have never prevailed in all their harshness in Iowa. At the time when the young state was born, public sentiment already demanded a code more just, and, as before noted, the first law for the protection or extension of the property rights of married women, was pa.s.sed in 1846. Modifications and changes have followed each other through the entire history of our state legislation, until our present law approaches a condition so nearly one of equal and exact justice between the s.e.xes, that it might serve as a model for other states less progressive than our own. Except in the way of political disabilities our law makes no discrimination against or in favor of women. They have all the rights and privileges enjoyed by men, and are subject to the same duties and responsibilities. Before the law they are equal, but, as a matter of fact, where the law does not interfere, how is it in regard to the property rights of the wife? The unmarried woman has control of her property, if she has any, to the same extent that an unmarried man has control of his. If she acc.u.mulates money or property by an expenditure of her time and labor, it belongs to her alone. She can keep it, give it away, will it, spend it, enjoy it, with the same unquestioned right and freedom enjoyed by her brother. But a married woman possesses no such independence, notwithstanding the laws in her favor. The circ.u.mstances of her life may be such, that the law will be powerless to protect her in the enjoyment of property which by right belongs to her. The relations and respective duties of husband and wife are such that the husband usually and necessarily controls the business and the family income. The amount of that income over and above the expenditures for family expenses, he invests as he chooses. If it is his will to invest it in real estate, the law says she may have a share of it after his death. If he deposits it in a bank or purchases stocks, bonds, mortgages, or other personal property, the law again says part of it shall be hers, if she survives him, and he has not disposed of it while living, as he has a legal right to do. In either case, she cannot control a single dollar during the life of her husband, if he chooses to deprive her of that privilege. The property acc.u.mulated during the marriage may be acquired by the wise judgment, strict economy and self-denial of the wife in connection with the time and labor of the husband. It may even be obtained wholly by her efforts, even though not arising from the profits of any "separate business" recognized by the law. Her contribution to the family income may, and generally does, come into the possession of the husband and he invests it in property to which he naturally and as a matter of course takes the t.i.tle. During his life he controls it. After his death one-third will belong to the wife, if there are children. If there are no children one-half will go to his heirs no matter how distant the relationship may be.

[Sidenote: Law may result in hardship and suffering.]

In cases where the joint acc.u.mulations of husband and wife are only sufficient to support the wife in comfort after the death of her husband, the law of descent as it now stands, may result in positive hardship and suffering. No matter how small the amount of property belonging to a deceased husband may be, one-half of it will descend to his heirs, if he has no children, and the wife be left with no means of support. Of course the result would be the same in the case of the husband upon the death of the wife, if she held the t.i.tle to all of the common property. That this law of descent has not operated to the disadvantage of the husband, but invariably to the disadvantage of the wife, is not due to any defect in either the letter or spirit of the existing law, but is the natural and inevitable result of the custom which gives the husband the t.i.tle to and the control of the joint earnings of himself and wife.

[Sidenote: Change or modification needed.]

It is difficult to suggest a remedy or to conceive of any law which would adjust and equalize the relations of husband and wife in the ownership and control of common property during the lifetime of both, but if some just and wise legislator can devise some change or modification of the present law, which will not interfere with the husband's proper and necessary position as breadwinner and manager of the business of the family partnership, and which will give to the wife control of a portion of the family income while the husband lives, and when the total amount of property held by either, is only sufficient to afford a comfortable support to the other, will after the death of the owner of the property, secure it all to husband or wife, as the case may be, he will add to the laws of the state the one requisite necessary to secure to women equal property rights with men, and a more just distribution of intestate property.