Page:History of Woman Suffrage Volume 4.djvu/687

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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.)

A wife may sue for support: (1) If deserted by her husband and left without means of support; (2) if he has been convicted of a felony and put in State prison; (3) if he is a habitual drunkard; (4) if he join a religious society prohibiting marriage. The court may award necessary support according to circumstances, may sell lands of the husband, or allow the wife to sell her lands without his joining. (1896.)

The "age of protection" for girls is 14 years. No bills presented by women to have it raised ever have been allowed to get beyond a legislative committee. The penalty is imprisonment in the penitentiary from one to twenty-one years.

Suffrage: Women possess no form of suffrage. A decision of the Supreme Court, Feb. 1, 1901, that an amendment to be adopted must receive a majority of the highest number of votes cast at the election, has made it practically impossible to secure the franchise for women by changing the State constitution. It is held, however, by lawyers whose opinion is of value, that this even now may be legally construed so as to permit them to vote.

Sustained in her own belief by these views and by a Supreme Court decision of 1893, which interpreted this constitution to permit women to practice law (see Occupations), Mrs. Helen M. Gougar decided to make a test case, and offered her vote in the State election, Nov. 6, 1894, at her home in Lafayette. It was refused and she brought suit against the election board in the Superior Court of Tippecanoe County. Sayler & Sayler and