If there are no children the surviving husband or wife takes all the property real and personal; if there are children, one-half. Neither can dispose by will of more than one-half of the separate property without the consent of the other. A homestead of 160 acres of land, or one acre within city limits, is reserved free from creditors for the survivor. If the wife marry again, or when the children have attained their majority, the homestead must be divided, she taking one-half. If she die first the husband has the right of occupancy for life, whether he marry or not, but the homestead must descend to her heirs.
The husband must support the wife according to his means, or she may have alimony decreed by the court without divorce, or in some cases she may sue directly for support. In case of divorce the wife is entitled to all the property owned by her at marriage and all acquired by her afterwards, alimony being allowed from the real and personal estate of the husband.
The "age of protection" for girls is 18, with penalty of imprisonment at hard labor not less than five nor more than twenty-one years.
Suffrage: (See page 659.)
Office Holding: The first State constitution, in 1859, declared women eligible for all School offices. As it does not require that any State officer except member of the Legislature shall be an elector, women are not legally debarred from any other State office. The constitution does prescribe the qualifications for some county officers, and the Legislature for others and for all township officers. Some of these are required to be electors and some are not; some can be voted for only by electors and the law is silent in regard to others. It would perhaps require a Supreme Court decision in almost every case if there were any general disposition to elect women to these offices. Twenty years ago a few were serving as county clerks, registers of deeds, regents of the State University, county superintendents and school trustees.
In 1889 Attorney-General L. B. Kellogg (Rep.) appointed his wife Assistant Attorney-General. She was a practicing attorney and her husband's law partner and filled the office with great
