Staff, Maine League of Women Voters

English

University of Maine

The University of Maine DigitalCommons@UMaine Archival Materials Archival Materials 1-1-1955 Report on the Status of Women ca. 1955 (League of Women Voters Records, box 11, folder 1) Maine League of Women Voters Staff Maine League of Women Voters Follow this and additional works at: https://digitalcommons.library.umaine.edu/maine_women_archival_all Repository Citation Staff, Maine League of Women Voters, "Report on the Status of Women ca. 1955 (League of Women Voters Records, box 11, folder 1)" (1955). Archival Materials. 14. https://digitalcommons.library.umaine.edu/maine_women_archival_all/14 This Other is brought to you for free and open access by DigitalCommons@UMaine. It has been accepted for inclusion in Archival Materials by an authorized administrator of DigitalCommons@UMaine. For more information, please contact um.library.technical.services@maine.edu. MAI NEReport on the Legal Status of WomenMAINEReferences:Consitution of Maine.Revised statutes of Maine, 1930Session Laws, 193 3 and 1935.Maine Reports, through vol. 133.Atlantic Reporter, through vol, 173.Explanatory NoteReferences to the State Consitution are indicated by parenthetical insertions of section numbers following the abbreviations Const., as (Const., ^ec. 177). placed after the related subject matter.References to the Revised, statutes of Maine appear in parentheses, showing chapter, section, and page numbers, as (Ch.74, Sec. 3. p. 1151.)Session Laws are referred to by year of enactment and page number, as T1933, Ch.l, Sec. 37. p.12).Case citations, definitely construing statutes or declaring judicial police in the absence of express statutory prevision, are indi­cated by numerical footnote references, and appear immediately after the related paragraph. 'xhe ■'.rear of decision is inserted after the caset ’ t le1Report of the Begal Status of Women ay StatesContract Rights-General1. what is the statutory age of majority for both men and women?In the absence of express definition, other than prescribing the voting age as twenty-one years and over (Gonst., art. II, sec. 1) (Ch. 6, sec. 2, p. 141), the common-law rule of twentv-one years for both sexes governs generally, But see xaragranh 2 below.2. Can a woman, either married or single, under the age of twenty-one years convey or mortgage her real estate or make contracts? If so under what circumstances ?As to the married woman, yes. The statute provides that ”A married woman, of an’T age, may own in her on right real and personal estate acouired b” descent, gift, or purchase; and may manage, sell, con- vey, and eevise the same by will, without the joinder or assent of the husband; but such conveyance without the joinder or assent of the husband, shall not bar his right and interest by descent in the estate so conveyed” (Ch.74, sec. 1, p. 1150). zind the court, considering this statute, has held it to mean that the sale of real estate by a married infant, is not voidable on the ground of infancy. 1/1/Fields v. mitchell 1914 112 Me. 368. 370. 92 Atl. 293. (Hist.)As to single women who are minors, their contracts are good only if ratified by them when they attain Majority, unless the contract be for necessaries, or real estate of which the minor has received the t title and retains the benefit (Ch.123, sec. 2, p. 1492).2- -Husband and wife-contract rights of wife.3. May a married women enter into any and all forms of contract, including conveyance ofr.al estate, without her husband’s consent? What restric­tions exist, if any?A married woman may contract with reference to her separate estate, (Ch.74, secs. 1-4, 6, pp. 1150-1151.) 1'his power has been cons- tured to include contracts with yer husband. She may enforce her legal contract against a stranger to the same extent as though she were un­married, but she is likewise liable personally on such contracts. She may not enforce such a contract against her husband by an action at law, nor is she on the other hand liable to her husband in an action at law on account of such contract. However, the equity courts will entertain suits founded on thi s statutory contract right. 1/1/ Perkins v. Blethen (1911 107 ^e. 443, 446, 78 Atl. 574.3he cannot make a valid conveyance,with out the joinder of her husband, of anv real estate which he has direct!^ conveyed to her, excert real estate onve^ed as security or in payment of a debt actually due her by her husband. (Oh. 74, sec. 1, p. 1150.) 2/3/ 2/Gate v. Christian (1914^ 112 me. 427,430, 92 Atl. 489.3/ Perkins v. Morse (1885) 78 Me. 17. 2 Atl. 130.Nor can she enter into a partnership contract with her husband.4/ Haggett v. X1urley (1898} 91 Me. 342 40 Atl. 561. (Histo.)4. Does the wife own her wages earned outside her home?Yes, She may receive t lie wages of her personal labor, not performed for her own family, maintain an action therefor in her own name, and hold them in her own right, against her husband or any other person (Ch.74, sec. 3, p. 1151).3But the wife may not sue her husband directly for services performed by her for him. 10 nor can an assignee of her claim maintain. (l)Mott v. Mott T1911) 107 Me. 481.483. 78 Atl. 900.)such a suit. 2)(2/ Perkins v. Blethen (1911) 107 Me. 443.448. 78 Atl. 574.)5. Can the wife be made to nay for family necessaries ordered by her?Yes, if contracted for in her own name. (Ch. 74, sec. 4. p. 1151).Note This section of the statute provides that suit may be maintained against a married woman, and her property held liable for debts and damages as if she were single, but she cannot be arrested. (Ithlics supplied.) The court construes this to mean that she shall not be liable to arrest, commenting that this provision is for the benefit of women, and for the benefit of organized society in that the protection of wives and mothers from such harassment is essential to maintaining the home in integrity, as the beginning and end of all government. 1/ (1/ Bragg v. Hatfield (1925) 124 Me. 391.392. 130 Atl. 233.)6. May a married women conduct a business, trade, occupation, or profession in her own right, without court procedure*Yes. (Ch. 74, secs. 1-5, pp. 1150-1151.) See Paragraph 3.Husband and fife- ropertv Hights7. Do spouses have an epu.a.1 interest in each other’s estate at the death of either, as to (1$ real estate: (2) personal property?Yes. Of real estate owned by an intestate spouse at death, or durir^; carriage, the right to which ba s not been relinquished by the surviving spouse, such survivor takes absolutely one-third part if children 4also survive. (This one-third descends free from payment of debts.)If no issue survive, the living spouse takes one-half, and i f no kindred such spouse takes th whole. (Ch. 39, sec. 1, subsec. I, p. 1243.) 1/ (1/^ongl ey v. Mongley (1899) 92 Me. 395 42 Atl. 798.The personal property of an intestate, except thatportion assigned to his widow b law and by the judge of probate, as an a lowance, shall be applied first to payment of debts of the deceased and expesnes of administration, i'he remaining portion is then distributed according to the rules for real estate descent, described above.^Ch. 89. sec. 20, p. 1248.) 2)(2/) Fogg’s -state 1909) 105 Me. 489 74 Atl. 1133.)Money received for life insurance on the life of an intestate spouse, less the precedi n three years’ premiums with interest, is not subject to debts if a spouse o children survive. In this case, the living spouse takes one-f ird the proceeds, or if no children survive, the entire proceeds. (Ch. 89, sec. 21, p. 1248; ch. 76, sec. 48, subsec. IV, p. 1177.)8. Do spouses have a one-half interest in, and equal control over, all property acquired after marriage by either or both of them with testamentary power in each spouse to distribute his or her one-half interest?No. The court has held that though a woman assists her husband in his business, even in caiing for money which is the product of gheir joint labor, t hi s does not make any part of the money her property; that the enabling statutes (Married Women’s Act) do not absolve a wife from the duty to render to her husband such services in his household as are commonly expected of a married woman in her station of li e. 1/(1/ ^ott v. Llott (1911) 107 Me. 481. 78 Atl. 900; holmes v. Vigue (1934) 133 Me. 50 173 Atl. 81659. Does the husband have any authority over the wife’s separate estate?Is it liable for his debts?Generali^, no. (Ch. 74, sec. 2, p. 1150) out certain excepti ons exist in the statute declaring the rights of married women tohold and dispose o their property; The husband, must join in convening anyreal estate vdiich he had conveyed directly to her unless he so conveyed itas security or satisfaction for debt to her. An when payment was made4-'from the property of her husband for propertywas conveyed by him to her without a valuable consideration, it may betaken as the husband’s property to satisfy debts contracted before suchpurchase. (Ch. 1, p. 1150).married woman may release to her husband the right to controlher proerty or any part of it , and. to dispose of the income for theirAmutual benefit , and shep. 1150).10. Does the wife after marriage own the clothes and other personal propertymarriage?Yes. (Ch. 74, s ec. 2. p. 1150).11. Is the wife , ?ift er the hus bandT s death, given the familty clothing?Yes. (Ch. 76, sec. 48, sub secs, I, , II, p. 1177.) In addition,the personal estate of an intestatethe e is allowed to the widow so much ofspouse or of an insolvent estate, as the court considers necessary accordingto the family’s need and social station. (Ch. 78, sec. 14, p. 1192).612. ..hat interest does a second or subsequent wife have in her deceased husoand’s estate. If no children have been born to them?her interest does not differ from that of a first or prior wife. See Paragraph 7. (Ch. 89, sec. 1, subsec. 1, p. 1243.)13. does a second or subsequent husband have an interest in his wife’s real estate received from her former husband, if there are living children of the wife’s former husband?Yes. he is entitled to the same share in the wife’s property that a prior or first husband could take, -he statute makes no distinction See Paragraph 7.14. > hat restrict io ns, if any, attach to the distribution of her property under her will by a married women?None. A married woman or widow of any age, if of sound mind, ma^r dispose of her real and personal estate by will (Ch.88, sec. 1, p. 124015. does each spouse have an alternative from accepting the provisions of the other’s will as to property settlement on the death of the other?Yes. (Ch. 89, secs. 13-14. p. 1246) instead of the provision in the will, either spouse who survives may elect to take his or her sta­tutory share under distribution of the real and personal estate.EXEMPTIONS AND HOMESTEAD RIGHTS.16. Are comparable exemptions from execution and for homestead allowed men and women, both sirgle and married?Yes. (Ch. 95, secs. 68-70, p. 1321.) (1935, ch. 187, p. 399.)7PARENT AND CHILD*-PROPERTY RIGHTS17. Do parents inherit equally fron their deceased child?Yes. (Ch. 89, sec. 1, stibsec. Ill, p. 1243.)18. Does the mother share equally with the father in the children’s earn­ings?Yes. (Ch. 72, sec. 43, p. 1141). ~>ee also paragraph 20.19. Does the mother inherit property from her child born out of wedlock? If so, to what extent?Yes, as if the child were legitimated. (Ch. 89, sec, 3, p. 1244)1/(1/messer v. Jones (189 6) 88 me. 349, 355, 356, 34 ^-tl. 187.)GUARDIANSHIP20. Does the mother share equally with the fater in the guardianship of the children?Yes. The father and mother are the joint natural guardians of their minor children and arc jointly entitled to the care, custody, control, services and earnings of such children; and neither parent has any rights paramount to the rights of the other with reference to any matter affecting such children. (Ch. 72, sec. 43, p. 1141.)21. Can the father vail away from the mother the custody of the childrenNo. >ee Paragraph 20.22. Have the natural mother- and father an equal legal responsibility for the support of t eir child bom out of wedlock?Yes, If sufficient proof is presented in a bastardy proceeding to convince a jur^ of the father’s ini entity, he is adjudged responsible for, and charged with, t e maintenance of the child, with the assistance of the mother, as the court orders. Doni for his performance of the court’s decree is required. (Ch. Ill, secs. 1-7 p. 1447.)23. Have common-law marriages been abolished?there i s no express proivi si on in the statute as t o recognition or abrogation of such marriages. However, a penalty of one hundred dollars is laid for contracting a marriage contrary to the statutory requirements for formal proceedings. (Ch. 72, sec. 14, p. 1134.) And residents of the State intending to be joined in marriage shall cause notice of their intentions to be recorded in the office of the clerk of the town in which each resides, at least five days before a certificate of such intentions is granted. (Ch. 72, sec. 4, p. 1131.)24. •'hat are the ages at which men and women respectively may marry(1) without parental consent (2) with consent of parents or guardian (3) «<hat are the ages under which a marriage is void?Men at twenty-one and women at eighteen years may marry without parental consent. No certificate of record of intentions may be Issued to a man under twenty-one or to a girl under eighteen without the written consent of their parents or guardians, if any living.9Nor may such certificat be issued to persons under sixteen years of age without heir parents1 or guardians’ writ en consent, and with out the clerk’s notification in writing to the probate judge in the country of the parties’ residence, that such statement of intentions has been filed, The Judge may in the interest of public welfare, order that no such certificate shall issue. (1933, ch. 12, p. 165.) Below the ages of fourteen years for t lie male and twelve for the female, there is no capacity for consent to marriage, uni er common-law rule, which prevails in the absence of an express statute.25. Does the law provide for a health certificate before a marriage license can be issued'*'The health and Welfare Laws provide that no person having syphilis shall marry until he has a certificate from the attending physician or physicians t at he is cured...vey physician must keep a record of all ases of syphilis that come under his observation and c:re, and shall use r easona. le means to ascertain the intention of syphilitic patients as to marriage. If he discovers such intention to marror, or believes the patient intends to marry, he must notify the local health authority where the patient resides, and such 1 ealth authority is empowered and directed to notify the other party to the intended marriage.Punishment by fine or imprisonment or both attaches to failu e to comply with this law and municipal courts and tiral justices have juris diction, concur rently with the superior court, over such violation.(1933,ch. 1, secs. 37-39, p. 12.)26. Does the ^tat.e law prohibit the evasion of marriage laws of otherSt at e s ?No, But if residents of Laine have their marriage 10solemnized elsewhere in order to evade the statutory provisions declaring marriages void because of kinship, insanity or idiocy, or polygamy, and later return to reside in Maine, the marriage is void. (Ch.72, sec. 9, p. 1133.) AWULMENT27. Upon what grounds may a marriage be annulled?Marriages prohibited because of kinship, nonage, insanity or idocy, or pol^gamv, if solemnized within the °tate are absolutely void; and t e sentence of either party to imprisonment for life and con­finement under it, dissolves the bonds of matrimony, without special judicial proceedings in either case. (Ch. 73, sec. 1, p. 1147.) However, the statute provides that when the validity of a marriage is in doubt, either party may file a libel as for divorce; and t e court shall decree it annulled or affirmed accordirg to the proof. Such a decree does not affect the ri.^its of the party complained against unless he was personally notified to answer, or did answer to the libel. (Ch. 74, sec. 15, p. 1150) See also Haragraph 24. 1/ 2/(1/ unity v. Belgrade (1884) 76 Me. 419, 422.)(2) Winslow v. Troy (1902) 97 ^e. 130, 132, 53 Atl. 1008.DIVORCE .28. » hat are the legal grounds for divorce, and are they the same for both spouses?The injured narty may be granted an absolute divorce for any of the following causes: Adultery, impotence, extreme crsuelty, utter desertion for three consecutive years i mnediat ely preceding the filing of the petition, gross and confirmed habits of intoxication from use of liquors or drugs, or cruel ano. abusive treatment11A wife may be granted an absolute divorce from her husband who, though sufficiently able to provde suitable maintenance for her, grossly or wantonly and cruelly refuses or neglects to do so. (Ch.73, sec. 2 , p. 1147.)CIVIL RIOT’S * LEGAL RESIDENCE29. domicile -Are married woman authorized under the law to establish their own legal residence or domicile. - for such purposes as voting, serving on juries or holding office?Husband and wife mav have separate residence for voting, office-holding, or jur^ service. (Ch.6, sec. 5, p. 142. JPUBLIC Ora GE30. Are woman equally eligible vi th men for public office or Atate employment ?Yes. The statute provides that no citizens of the united States having a right to vote in this State shall be denied the right to hold any civil office under this State or any subdivision thereof on account of sex. (Ch. 6, sec. 4, p. 141.)(Historic interest attaches to requested Opinions of the Supreme Judicial Court Justices on this point, found in 62 ^aine 596, rendered 1874, and in 119 Maine 605, rendered 1921.)JURY SERVICE.31. Are women eligible for jury service, and is it compulsory?Yes, aid on the same terms as men. No person shall be disqualified by reason of sex. (Ch. 120, sec. 2, p. 1481)12Witnesses32. Are married women equally competent with their husbands to testify in both civil and criminal actions rYes. Under the statute, the husband or wife of eitherparty maybe a witness in any civil suit or proceeding at law or in e equity. (Ch. 96, sec. 114, r. 1347.) Also, under criminal procedure, the husband or wife of the accused is a competent witness. (Ch. 146, sec. 19 p. 1656.)CIVIC EMPLOYMENT - GENERAL33. Do you know of any existing or proposed ^tate Laws, county or municipal ordinance or rulings of school boards, which discriminate against the employment of women?34. Do you know of any constitutional amendments pending, or laws proposed which would materially affect .the present legal or civil status of women in vour -state?35. if you knew of inecualities of law or practice, not brought out by the fore ppi g Questions will you enumerate them, iving source of your information in each instance?

Report on the Status of Women ca. 1955 (League of Women Voters Records, box 11, folder 1)

https://digitalcommons.library.umaine.edu/cgi/viewcontent.cgi?article=1013&amp;context=maine_women_archival_all

Report on the Status of Women ca. 1955 (League of Women Voters Records, box 11, folder 1)

Abstract

Similar works

Full text

Available Versions

University of Maine