Page:History of Woman Suffrage Volume 4.djvu/537

This page has been proofread, but needs to be validated.
ARIZONA.
473

principled character to make a balance of power. It may interest you to know that in both Territories we were told that all such legislation is controlled by bribery, and that our measure could be put through in a twinkling by "a little money judiciously distributed," but to such suggestions we replied that what the suffragists had won they had won honestly and we would postpone further advances till they could come in the same way. In the future years of strife over this question there will be many hands stained with guilt, but they will be those of the remonstrants and not ours. Though crime prevented the victory, yet we were abundantly assured of the lasting results of the campaign.

Laws: Curtesy and dower were abolished by Territorial legislation, but in 1887 Congress passed an act granting a widow dower in all the Territories. If either husband or wife die without a will, leaving descendants, out of the separate property of either the survivor has one-third of the personal and a life use of one-third of the real estate. If there are no descendants, the survivor has all of the personal and a life use of one-half the real estate; if there are neither descendants nor father nor mother of the decedent, the survivor has the whole estate. The community property goes entirely to the survivor if there are no descendants, otherwise one-half goes to the survivor, in either case charged with the community debts. If the widow has a maintenance derived from her own property equal to $2,000, the whole property so set apart, other than her half of the homestead, must go to the minor children. If the homestead was selected from the community property it vests absolutely in the survivor. If selected from the separate property of either, it vests in that one or his heirs. It can not exceed $5,000 in value.

Married women have the exclusive control of their separate property; it is not liable for the debts or obligations of the husband; it may be mortgaged, sold or disposed of by will without his consent. The same privileges are extended to husbands.

A married woman may sue and be sued and make contracts in her own name as regards her separate property, but she must sue jointly with her husband for personal injuries, and damages recovered are community property and in his control.

If a married woman desire to become a sole trader she must file a certificate in the registry of deeds setting forth the nature and place of business. She can not become a sole trader if the