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 (Lectures by Charles Carter before the Federated Clubs of I 
 Marshall and Harrison County, April 26, 1914). 
 
 SUBJECT 
 
 "Political Science or the Laws Affecting the Rights, Privileges and 
 Property of Women." 
 
 Mrs. President: 
 
 Ladies and Members of the Federated Clubs of Marshall and Har- 
 rison County. 
 
 I desire to thank your handsome President (1) for her kind intro- 
 duction. When I received from her and Miss Lane, (2) several days 
 ago, the invitation extended and the subject assigned, I immediately 
 congratulated myself upon the fact, as it then appeared, that they 
 had selected for me the easiest subject in the world. 
 
 I said to myself, I shall just tell the ladies all about the matter in 
 a few minutes, telling them that they could make a study of President 
 Wilson's Mexican Diplomacy, and that would be sufficient for an il- 
 lustration of "Political Science" in active campaign, and then refer 
 them to what "Portia" said and did in her legal battle before the Ve- 
 netian Tribunals, in the "Merchant of Venice," as reported by Mr. 
 Shakespeare, and that would be sufficient illustration, of the rights 
 and privileges, as well as the Power of women. 
 
 However, I glanced at my subject again and it seemed to have 
 grown just a little, while I was thinking, and that made me turn pale, 
 for I had heard of a certain subject from Arkansas, a pumpkin vine, 
 which grew from a tiny plant, at such a rapid pace, that it finally 
 outran a horse going at full speed. 
 
 Being now alarmed, I looked at the subject again, and by that time 
 it had filled my whole head, a task not very difficult you will readily 
 say, and then it filled my whole heart and over-flowed; it then filled 
 the whole room, and in an instant the whole city; it leaped over the 
 "corporation" line, and like wild fire took to the "tall timber" in the 
 country. 
 
 Like "chained" lightning it filled the whole of Harrison County, 
 thirty miles square; it filled the great State of Texas; and I said, 
 "What a wonderful question is this, that so rapidly fills such an Em- 
 pire?" 
 
 Even as I thought, the subject loomed larger and larger; with the 
 rapidity of thought, it swelled to the "Frigid" North; it swelled to the 
 "Georgeous" East; it swelled to the "Golden" West; it covered the 
 United States of America, and the Dominion of Canada, and as I 
 heard the restless tides of the angry Seas, I said, "Surely this growing 
 question will be stayed by their proud waves," but ,with "Seven 
 Leagued Boots," it swelled across the Atlantic; it swelled across the 
 Pacific; it traversed the "Occident;" it swept through the "Orient;" it 
 surged from Pole to Pole. 
 
 In my despair, I then cried aloud, "Oh, where are the bounds of 
 this wonderful question?" But no answer came back, except the 
 echo of my own despairing cry, as the waves of crystal thought, 
 surged upwai'd, and on and onward, to break upon undiscovered and 
 unknown shores."
 
 2 LECTURE 
 
 The question now appears to me so complex that I should have re- 
 quested further time for preparation; it reminds me of an incident 
 related by Mr. RoUin, the Historian (3). He relates, that the King 
 of Syracuse on a certain occasion, asked the Poet Simonides this 
 question, "What is God?" 
 
 The Poet requested a day in which to return his answer; on the 
 morrow when the King; sent for the reply, the Poet requested two days 
 more; that being granted the King again sent for the reply, and the 
 Poet requested four days in which to answer, and as often thereafter 
 as the King sent for the answer, as often doubled the time; the King- 
 however became impatient, with the delay and sent for the Poet to 
 appear before him and explain, this remarkable conduct; whereupon 
 the Poet appearing before the King, justified, says, that he was forced 
 to ask for such time, because he said the more he contemplated the 
 subject the "more obscure it seems." 
 
 However, I now think that Mrs. President and Miss Lane should 
 have given me a real easy subject, such as, "What will become of the 
 old Bachelor?" For I could tell you all about him in a few minutes, 
 for we all know just what is going to happen to him. 
 
 The old Bachelor will sooner or later, come close up to the warm 
 side of some sweet girl, wearing a "slit skirt," and whose ruby lips and 
 rose cheeked face is a dream of love; there will then be heard a mighty 
 sighing in the land, for it will be like pouring "acid" on cankered 
 gold; the dross will be burned away in the twinkling of an eye, and 
 the pure gold of love will be left; there will be a few "heart to heart" 
 talks, and a few heart to heart walks, down by the shady dell, at twi- 
 light's holy hour, when the gold and purple of dying day are blending 
 into shadows; there will be also heard a sound like the "squeak" of a 
 new boot, and the next day Mrs. Emma Long (a) will issue a "Pair" 
 of Marriage 'Licenses," with the Great Seal, stamped on the "afore- 
 said and the same;" and then the Pastor will be called in, and a little 
 later, it shall be determined to have been an exemplification of the 
 laws on marriage, where it reads, "and there shall be weeping and 
 wailing and gnashing of teeth." 
 
 This same old bachelor will thereafter be always able to tell you 
 in the most eloquent strains all about the "laws" affected "by wo- 
 men." 
 
 In my despair over the subject, I reached up and pulled down from 
 the shelf the old History, and slapped the dust of years from its back. 
 Opening it up, I said "Tell me about this question, if you please." As 
 I read turning page after page, the subject became appalling, as the 
 ebb and tide of the human race passed before my vision; it linked the 
 glories of the past, and the world's crowning honors as well as its 
 darkest tragedies with the history of woman, and said to me, 
 "The History of woman and her laws, is the history of Civilization 
 itself." 
 
 I said. "What a truth; what a stupendous thought." As I looked 
 down through its musty pages, I saw the exemplification of this truth, 
 and I saw that Woman is the living, loving chain, which binds us to 
 the eternal past, and she is the golden clasp which binds us, as we 
 stand, and look with silent awe and admiration toward the "Coming 
 Dawn." 
 
 As I read on, page by page, I saw the rights and privileges of wo- 
 men had their rise beyond the "dawn" of History itself, and that the 
 Historian, the measures of the Poet and the Pen of Romance, had been 
 invoked, to record their proud and daring achievements, as well as to
 
 LECTURE 3 
 
 chronicle the melancholy story of their wrongs; that the Sciences, My- 
 thology and Religion, were but parts and parcels of this burning equa- 
 tion. 
 
 As I looked back into the dim twilight of mythical belief, I saw a 
 conclave of the Olympian Gods, (4) where the brow of Jove, was cleft 
 with a battle ax; and forth from the painless wound, sprang Minerva, 
 full grown, warlike and martial in her posture, clad in glittering ar- 
 mor, with a poised spear in her hand; with a song of victory on her 
 lips, she at once assumed the position of Mistress of the needle work 
 and household duties. I said, "What a wonderful creation of thought." 
 And to make it stranger still, she was supposed to be also Mistress 
 of defensive warfare, as upon many occasions, she swept with bugle 
 blast and battle cry in irresistable charge bearing the Aegis her fath- 
 er's shield. 
 
 And I said, "Here is the law of the household and needle work, 
 which has been followed for ages by all the women, and here is also 
 the fountain of Inspiration and Equity, where the "red headed" women 
 of Arkansas and England, get their martial and warlike valor." 
 
 Atalanta (5) a maiden who lived in the dim and distant past, was 
 the fleetest runner of all time; she had the speed of the wind; not 
 wishing to marry she made it a condition, that the lover who should 
 win her hand, should defeat her in a foot race; the condition was furth- 
 er coupled with the terrible decree, that in striving and failing, the 
 lover should forfeit his head. 
 
 Five lovers, each as fleet as scientific training could make them, 
 tried the race and each being defeated, paid the forfeit with his head. 
 
 Hippomenes, being in love with the maiden, looked with dismay 
 at the lot of the defeated, but like all lovers determined to try his 
 fortune in the race, let the consequences be what they may. He was 
 a wise youth, however, and appealed to Venus, a lovely being who then 
 as well as now, presided over the destinies of the human heart. 
 
 Venus gave him three golden apples, with instruction; the race 
 commenced; Atalanta with her usual speed seemed to spurn the very 
 ground; as she was passing the youth, he drew from his bosom, a 
 golden apple and threw it at her feet; she paused to pick it up; on she 
 came and when about to pass the youth a second time, he drew a gold- 
 en apple from his bosom and threw it at her feet; the maiden paused 
 to pick it up; the youth then ran ahead; on came the maiden again, and 
 when about to pass him for the third time, the youth drew his last 
 golden apple from his bosom and cast it at her feet; she paused to pick 
 it up, but the goal being now so near, Hippomenes with a great burst 
 of speed, won the race. (5) 
 
 They were of course happily married, and I said, "Here i.s the 
 law, which decrees that "the race is not to the swift, nor the battle to 
 the strong;" (6) it is also the law, which defines Marriage as a Mir- 
 acle based on Love." 
 
 Hypatia, (7) the learned daughter of the celebrated Mathemati- 
 cian Theon, by her astute and learned comments, elucidated the intri- 
 cate mysteries, of the Geometry of Appolonius, and enlightened the 
 Mathematics of Diophantus. 
 
 She added, dignity to grace and learning, when she publicly taught 
 at Athens, the esoteric Philosophy of Plato, and the god like reasoning 
 of Aristotle. 
 
 In her youth and beauty, she was said to have been proof against 
 love itself; and the eye of Cyril beheld with jealousy, the gorgeous 
 train of slaves and horses, that crowded the door of her Academy.
 
 
 ^# 
 
 4 LECTURE 
 
 I said, "This is the law which teaches, that the women are the 
 ^- equals if not the superiors of men in the abstract sciences." 
 
 It was the self sacrifice of Veturia (8) the mother of Coriolanus, 
 kneeling as a suppliant at the feet of the Conquerer, her own son, 
 V ,. that saved Rome the proud "Mistress of the World," from inglorious 
 
 '^ destruction by the Volcian Armies. 
 
 I said, "Here is the law of patriotism, and self sacrifice." 
 
 To a woman Rome also owed the abolition of the regal dignity, 
 and the establishment of the Republic; and to a woman she owed her 
 delivery from the decemviri, and the restoration of the consular gov- 
 ernment; to a woman she owed the change of the Constitution by which 
 ^ the plebians became capable of holding the highest offices of the Com- 
 
 ' : mon wealth. (9). 
 y4 I said, "Here is the law of power and generosity; the woman es- 
 
 ^ tablishing offices and Empires for the man, and failing to keep any 
 
 "^ for herself, thus demonstrating modern "Political Science." 
 
 -■ii-- It was Cato (10) the Censor who wisely uttered this Paradox, "All 
 
 men naturally govern the women, we govern all men, and our wives 
 ^^.' govern us." I said, "This is the unquestioned law in Texas today." 
 
 Artimissia Queen of Helicarnassus (11), gave dignity and grace 
 to the military councils of Xerxes, in his unfortunate struggle with 
 the Greeks, and it was said that had her wise councils been followed, 
 the inglorious retreat of the Persian Army across the Hellespont, had 
 never taken place. 
 
 The Scepter of Empire as swayed by Queen Semiramis is equal in 
 renown to the polished Diplomacy of Phillipp of Macedonia, and the 
 fame of her military achievements, eclipses and out-rivals the mil- 
 itary fame of any of the Persian Kings. 
 
 Maria Theresa (12), when threatened by Prussian invasion in imi- 
 tation of the race of the Caesars, ascended Mount Defiance, and un- 
 sheathing the sword of State, shaking it to the north, to the south to 
 ^ the east and to the west, established the supremacy of the Austrian 
 
 arms, gave deathless fame to the Austrian Eagles, and founded the 
 Palace of the Escurial forever. 
 
 In my opinion her fame and courage, will outlive the military and 
 civic reputation of Frederick the Great, and the glittering but doubt- 
 ful achievements of the Prussian Arms. 
 
 I said, "Here is the law of Minerva, again; a dramatic act, in keep- 
 ing with the deathless valor of the Caesars." 
 
 The most brilliant Palace (13) of ancient or modern times; out- 
 rivaling the sacred Temple of Solomon at Jerusalem; eclipsing the 
 Pantheon at Rome or the Parthenon at Athens; statlier than St. Pe- 
 ters; loftier in architrave and richer in design, than the proud "Peace 
 Palace" of Carnegie at the Hague; costlier than the finest of the public 
 or private buildings of any of the capitols of the known world, was 
 erected by an Oriental King to the memory of his Queen. 
 -It is called the "Taj Mahal" (14) in honor of her name; it was 
 builded with glistening marble and embellished with burnished gold 
 and sparkling gems; the richest marble quarries of Antiquity were 
 laid under tribute to furnish the material; the richest mines and the 
 great wealth of the "effete" East, were drawn upon to contribute to 
 its splendors; the genius and architectural learning of the Orient were 
 enlisted to form, fashion and finish this wonderful mausoleum. 
 
 Situate upon the banks of a flowing river, it was decreed, that its 
 stately minarets, lofty towers and gilded domes should be forever 
 reflected by its waves.
 
 LECTURE 5 
 
 Glistening in its Imperial splendor and beauty, where polished 
 marble, burnished gold and flashing gems, produced the most sensa- 
 tional and spectacular sight the world has ever beheld, it is viewed 
 with admiration by pilgrims from every clime. 
 
 It is called the "Mable Poem," and it cost Fifteen Millions of Dol- 
 lars (14), exclusive of the cost of the labor and if builded in America 
 today, would cost One Hundred Millions in money. (14). 
 
 When I read of its beauty, I said, "Here is the unquestioned law 
 of love, but what a wonderful woman to inspire such a love in a hu- 
 man heart." 
 
 I believe that it was the love of a beautiful and confiding woman, 
 that caused the Martial Genius of the "Greatest Soldier of the mod- 
 ern world" (15), to establish upon the battle field, the deathless fame 
 of the Grand Army and the Old Guard; and when he pushed her from 
 his heart by the "cold hand of ambition" (15), then, "chance and fate 
 combined to wreck the fortunes of their former king" (15), and in the 
 words of a Southern Orator (16), "his sun went down veiled in the 
 dark clouds of Waterloo, and Napoleon the Great, uncrowned, un- 
 throned and stunned by the dreadful shock, that annihilated the Grand 
 Army and the Old Guard, wandered aimlessly about on the lost field 
 in the gloom that palled a fallen Empire, as Hugo describes him, "the 
 somnambulist of a vast shattered dream." 
 
 I I looked through the pages of my old History, and I saw that even 
 the memory of a woman, quickened the heart beat and gilded the pen 
 of the greatest Historian of the Ancient or Modern World. 
 
 Plutarch, groping in the dark, writing the world's proud History 
 as made by Kings, Emperors and Conquerers, gave the pages of his 
 History its most celebrated passage, when he described the passage 
 of Cleopatra down the Cydnus (17) to answer at the Judgment Bar 
 of Mark Anthony, where it was said that "Venus has come to feast 
 with Bacchus." 
 
 Historians and orators in all ages, have tried but in vain to par- 
 allel the beauty and sublimity of his passages. When I read his lines, 
 I said, "Here is the law of love, which has actually warmed up a hu- 
 man "Icicle." 
 
 That the Roman General Camillus (18), made a vow to Apollo; to 
 the end that it should be kept, the Senate decreed that a vase of 
 "massy gold" should be sent to Delphi. Gold being scarce, the Ro- 
 man matrons gave up their golden ornaments, as an offering to this 
 God. The Senate in honor of their piety, decreed that they should have 
 funeral orations as well as men, which had not been the custom before. 
 
 I said, "The old world seems to be waking up, and better a law to 
 bury the women, than no law at all." 
 
 When the Romans and Sabines were reconciled to each other, many 
 honorable privileges were conferred upon the women, some of which 
 were these: (19). 
 
 That men should give them the way wherever they met them; that 
 they should not speak any bad language in the presence of the women, 
 and that in case they killed any person, they were to be tried by other 
 Judges, than the ordinary Judges; that their children should wear an 
 ornament about their necks called Bulla, from its likeness to a bubble; 
 and that a garment bordered with purple may be also worn by the 
 children. 
 
 I said, this law seems to be a fine law, and I wonder if it was ever 
 imported into America to restrain the "old man" from "cussing 
 around" in the presence of his wife.
 
 6 LECTURE 
 
 "Arbitrary power has spoiled the shape of the foot in China; hur- 
 ries the Indian woman to her husband's funeral pile; makes the 
 daughters of Eve in Persia mere chattels; gives a woman the twelfth 
 part of a husbands property in the dominion of the Grand Turk, and 
 renders them slaves of duenas and governantes in Spain and Italy." 
 (20). 
 
 . / If the laws, affecting the rights and privileges of the women, were 
 'V traced back to their origin and codified, it would take larger books 
 / ;' than constituted the Roman Pandects of Justinian. 
 
 { , In primitive times among a people yet rude and barbarous, mar- 
 riage as now recognized, as a rule did not exist. (20). When the 
 relation of husband and wife were first recognized, the woman was 
 practically a slave, the captive or purchase of her master, and the 
 mutual rights and duties were either unknown or at most but dimly 
 suggested by customs or codes. (21). 
 
 The rights were as usual with the victor, the strong arm; man 
 . ruled by brute force; the work and toil and heavy burdens fell upon 
 S^. the vassal the woman. (22). 
 
 !/ As the social life advanced, there was more or less ceremony in 
 
 ; connection with the choice of a wife (23); and a recognition of the 
 
 i husband's absolute supremacy (24). His control of his wife's person, 
 
 j and his dominion over whatever property she possessed, begun to be 
 
 1 regarded as the settled law. (24). 
 
 \ There wei^e exceptions, of course, but the prevailing systems, which [" 
 
 '■ survived all others were the Roman and English laws (25). Under ! 
 the early Roman law the power of the husband was absolute, and her 
 identity was completely merged into him; (25) he had the power to 
 chastise (25), sell or even to kill his wife (26); he became the owner 
 of all of her property and was entitled to all of her earnings and la- 
 bor (27), and she was in contemplation of the crude codes, a child of 
 her own husband and a sister to her own children (27); she inherited 
 at her husbands' death only as one of his heirs (27). 
 
 Under the English common law, the husband and wife were re- 
 garded as one person (27); her identity (29) was merged in that of 
 her husband (28); her rights under this law, however, became in some 
 respects very nicely adjusted, and the rule of the common law with 
 reference to women (28), has been heretofore at some times, dispensed 
 in Texas, but I desire to here state, that the rights of the husband to 
 chastise his wife under the common law, never obtained in this 
 state (31). 
 
 The Texas Constitution of 1876, as well as all prior constitutions 
 of Texas and the Republic, recognizes the rights of married women, 
 in real and personal property (30). 
 
 Art. 16, Sec. 15 of such Constitution fixing the wife's separate 
 property i-eads thus: (32) 
 
 "All property, both real and personal, of the wife, owned or claim- 
 : ed by her before marriage, and that acquired afterward by gift, de- 
 vise or descent, shall be her separate property; and laws shall be pass- 
 ed more clearly defining the rights of the wife, in relation as well to 
 her separate property as that held in common with her husband. Laws 
 shall also be passed providing for the registration of the wife's sepa- 
 rate property." 
 
 While the laws for the full protection of the married women in 
 Texas, have been tedious in development, I believe that they had not 
 received full recognition in property and contract rights, prior to
 
 LECTURE 7 
 
 1913, principally because of a lack of concerted action in asking- for 
 relief, rather than indifference to their rights by a majority of the 
 members of the Legislature. 
 
 Prior to 1913 it was the law of Texas, that the earnings of the wife, 
 was the community property of the marriage and subject to the hus- 
 band's control, debts and disposition (33); that her Bank account could 
 be taken by him (34), even if in her private and individual name (34), 
 he being in the eye of the expressed law, the sole custodian and man- 
 ager of her fortune (35), as well as the Arbiter of her Fame. 
 
 Under such laws, all of the interest derived from loans of her 
 money (36), notes (37), and dividends on stock and bonds (38), as well 
 as all increase of her cattle, flocks and herds (39), were community 
 property and subject to the husband's control and management as 
 well as being subject to his debts (39); that all profits in her busi- 
 ness, even if established with her separate funds, and conducted by 
 her personal labor became community property and subject to the 
 husband's management, control and debts (40); all the rents of her 
 separate property as well as all crops (41) grown on her lands were 
 community and controlled by husband and subject to his debts (41); 
 the exception of rents of her lands from this liability, being in those 
 cases only where controlled by ante nuptial contracts or where placed 
 in hands of Trustees with written exemptions from such liability (42). 
 
 Under the former laws prior to Acts of 1913, the rights of the wife 
 to contract, for other than necessities for herself and children, and 
 with reference to care and improvements of her separate estate, were 
 very limited (43); yet the laws were so arranged, that if she desired, 
 she could give a valid lien on her separate lands (44), which were gen- 
 erally exempt from her husband's debts (44), to secure his notes or , 
 debts, if same were reduced to writing and duly signed and acknowl- ' 
 edged by his wife, with joinder of the husband (45). r 
 
 -^ During 1913 the Thirty Third Legislature of Texas passed an act | 
 (44), which was for the relief of the married woman and doing away ' 
 with some of the features of the old laws and decisions of the courts, 
 / \ and gave the right of contract to the married woman. I do not find, I 
 J after a careful study of this Act, many exceptions to such right of con- ' 
 tract. 
 
 It is provided that she may do all things, which an ordinary per- 
 son not under disability may do, except, that she can not sell her 
 bome without her husband joining in the deed (47), which must of 
 course be duly acknowledged, to be binding; that she can not sell her 
 separate real estate or her stocks or bonds, or become a surety with- 
 out the joinder of her husband (38), save and except, that if he re- 
 fuses to join in the items mentioned other than the homestead and 
 suretyship, she can still have right to sell by herself upon procuring 
 order of the District Court, showing the proper advantage to her sep- 
 arate estate (49). 
 
 While this new Act proposes to protect certain property which i 
 was formerly liable for the husband's debts, from his management, I 
 control or further debts, still it leaves it as formerly community prop- \ 
 erty (50), as we shall hereafter see, but makes some if not all of such 1 
 common property subject to the wife's individual debts by con- 
 tract. (50) 
 
 While the Act does not materially increase the scope of the wife's 
 separate property, still it aids her by its "exemptions," and it may be 
 that the Legislatui'e could not proclaim other property her "separate" 
 property except that which has been mentioned in the above Sec. 15
 
 8 LECTURE 
 
 of the Constitution. The Acts defines, rents of the separate property, 
 the wife's earnings, her labor, the increase on notes such as interest, 
 and dividends on stocks and bonds purchased with her separate funds, 
 as community property (51) just as they have been before, but de- 
 clares that they are subject to neither the husband's debts or his con- 
 trol. (52). 
 
 The husband's separate estate, as well as all community estate, 
 save and except such community as it made expressly liable for the 
 wife's debt, is exempted (53) under the Act from the contract debts 
 of the wife made generally. 
 
 Those items of community which are responsible for the debts of 
 the wife contracted generally, are such as "personal earnings of the 
 wife, and the income, rents and revenues from her separate estate;" 
 (54) however she has only a special right of contract as a surety for 
 the debt of another which, will be referred to later. 
 
 It seems as if the Act contemplates that the "personal earnings 
 of the wife" shall be subject to her debt (55); now if "personal" earn- 
 ings, include "wages" as that term is understood in the Constitution, 
 then it may be the Legislature has exceeded its power in making such 
 liable for any debt of the wife, without special contract lien or assign- 
 ment thereof be given, as "current wages" are under the Constitution 
 (56) exempt from Garnishment. 
 
 What status "interest" on money loaned by wife, where not evi- 
 denced by note or other written obligation, occupies, is not clearly 
 defined by the Act. Under the old law as we have seen "such inter- 
 est" was community property and subject to the husband's control and 
 under the ruling of the courts subject to his debts; it seems that it 
 was the intention of the Legislature to make all "interest" on notes 
 and bonds community property but exempt from the husband's debts. 
 
 Separate property of the wife, (57). 
 
 "Real and personal owned or claimed by her before marriage, and 
 that acquired afterwards by gift, devise or descent, as also the in- 
 crease of all lands thus acquired." 
 
 Control. (58) (59). 
 
 Wife has sole control of real and personal, which belongs to her 
 separate estate. Also sole disposition except where specially ex- 
 cepted. 
 
 Disposition and encumbrance of real estate and sale of stocks and 
 bonds, her separate estate. 
 
 Husband must join in such with wife, and in event of refusal she 
 has right to have order of District Court to act alone, by making proof 
 that such sale or encumbrance is advantageous to her interest. 
 
 Wife's property not subject to debts of husband. (60). 
 
 None of her separate property can be taken for the debts of hus- 
 band, (real or personal), nor increase in land, rents, interest on bonds 
 ] and notes, and dividends on stocks or bonds or her personal earnings. 
 Just what will be done, with the increase of cattle and the interest 
 on money other than that loaned by note, bond or other evidence of 
 like nature, remains to be seen; it may be that such items will be in- 
 cluded in terms under the old law. 
 
 Common Property. (61). 
 
 All property acquired by either or both during marriage (except 
 \ that which is deemed to be separate as herein before defined) includ- 
 ing the personal earnings of the wife rents of her property, interest 
 on bonds and notes and dividends on stocks and bonds.
 
 LECTURE 9 
 
 Common property under control of the husband. (62). 
 
 Has power of control of all of the common property, and disposi- 
 tion thereof, except income from wife's separate estate, her personal 
 earnings, rents of her property, and interest on notes and dividends 
 on stocks and bonds. 
 
 Common property under control of the wife. (63). 
 
 The personal earnings of the wife, rents of her real property, in- 
 terest on notes and bonds and dividends on her stocks. She has sole 
 control and management of all of her separate property of every kind, 
 real personal or mixed. 
 
 Wife's power to contract with reference to lien and sale of her sep- 
 arate estate. (64). 
 
 Has the sole disposition and right to encumber any of her personal 
 property; but in sale of stocks and bonds she shall be joined by her 
 husband, and has right to sell without husband if order of court is 
 obtained. 
 
 In sale or encumbrance of her real estate, husband must join or 
 order of court be procured, in event of his refusal. 
 
 Wife's power to contract generally. (65) 
 
 She is given full power to contract, except she shall not be allowed 
 to become surety except in certain cases hereinafter mentioned; she 
 may become a trader or a merchant; she may carry on a business; but 
 the debts may not be paid from any of the "corpus" of her 
 separate estate, it being provided, that payment may be had from her 
 personal earnings income, rents and revenues of her property; pro- 
 vided that such limited exceptions of property on debts shall not ap- 
 ply to necessities furnished to her or her children. 
 
 Wife's power to be joint maker of note as surety for another. (66). 
 
 To be a joint maker of a note she must be joined by her husband; 
 the statute does not give her the right to a court order in this instance 
 should he refuse to join. 
 
 Wife's power to be a surety on a bond or note. (67). 
 
 She shall never be a surety on a bond or other obligation of another 
 without the joinder of her husband. 
 
 Her Bank Account. (68). 
 / This is protected from her husband's check or draft if in her name, 
 and what is more, his bank account is also protected from her checks 
 or drafts. 
 
 Can she become a surety for the debts of her husband and execute 
 a valid lien on her separate property to secure the debt? (69). 
 
 The Act provides, "Neither the separate property of the wife nor 
 the rents from the wife's separate estate, nor the interest on bonds 
 and notes belonging to her nor dividends on stocks owned by her, nor 
 her personal earnings, shall be subject to the payment of debts con- 
 tracted by the husband." Under the old law, it was the repeated rule 
 of the decisions of Texas (70), that the wife could when joined by hus- 
 band in due form of law give a lien as security for his debt on her 
 separate real estate; however under the old law, her separate property 
 was not liable for her husband's debts generally speaking, and the 
 above quoted clause of the new Act was not read into the old law as it 
 has been into the new. It is plain that it was the intent of the 
 Legislature to protect the separae property of the wife as well as 
 certain community properties from liability for the husband's debts. 
 
 This immunity of her separate property from the debts of the hus- 
 band, is a privilege, which in my opinion she may waive, if she so de-
 
 10 LECTURE 
 
 sire, and in the event tiiat she should execute a lien on such property 
 in due form as under the old law for her husband's debts, then it may 
 bind her and her property. 
 
 That the wife could renounce such privileges was recognized in 
 case of Mollis vs. Fancois decided many years ago in Texas and report- 
 ed in 5 Texas Reports page 203; it has often been cited as a leading 
 authority on this point. 
 
 The rule is tersely stated by an eminent legal authority as follows: 
 
 "That a Constitutional rule or statutory provision however that 
 the wife's separate property shall not be liable for the payment of the 
 husband's debts, does not prevent her from voluntarily mortgaging 
 her estate for his debts." (a). 
 
 (a) 21 "Cyc" (Encyclopaedia of Law and Procedure) page 1484, 
 note 71 citing 
 
 Schneider vs. Slaeter 20 Mo. 269 
 
 Hitz vs. Jenks 123 U. S. 297. 
 
 Barren vs. Tilton 119 U. S. 637. 
 
 This 33rd Legislature passed also a very wholesome law for the 
 benefit of the women and children (71), in that it made it an offense 
 punishable by fine for a man to wilfully desert or refuse to support 
 his wife or child; and when I read it, I said, "That is a good law, for 
 before God and his holy angels no man has the right to desert his wife 
 or child and leave either or both penniless upon the charity of a cold 
 world." 
 
 While the laws of Texas seem fair enough for the women, yet there 
 is one boon, that they deny to the ladies which the writer personally 
 believes, that they should have. That is the right of general suffrage 
 or voting. I have been told that the Southern Women, did not desire 
 this franchise, but I am not sure of the correctness of that report; 
 but even if she did not desire it, the same should be granted as a mat- 
 ter of right, she being a citizen; and I believe that every worthy citi- 
 zen should have the right of the ballot, under the proper limitations. 
 
 I have heard the argument advanced from time to time that the 
 women did not have intelligence on the affairs of man to form a cor- 
 rect idea of what was right in voting; that they also would be con- 
 trolled by their husbands, and the single ladies by their sweethearts; 
 also that if the white woman was allowed to vote the colored woman, 
 could not be prohibited; and many other such arguments, which to me 
 when I heard them, I said, "Sure this is not good reasoning and if it 
 is law at all it is the law of "Buncombe." 
 
 The Constitution of the United States (72) is very liberal in this 
 matter, but while it elevates the women to the rights of citizenship, 
 which of course carries with it the right of suffi-age (7), it has been 
 held in the case of United States vs. Susan B. Anthony i-eported in 11 
 Blatch, page 200, that the First Clause of the Fourteenth Amend- 
 ment to the United States, while it granted the privilege of voting 
 to the citizen, even a woman, yet it was not self executing (73). In 
 the instant case, Susan B. Anthony claim that the section of the Con- 
 stitution referred to was self executing and voted at an election for 
 Congress. She was indicted by a Federal Court for illegal voting and, 
 when it appeared to the court that she was a woman and did actually 
 vote, a charge was given the jury to return a verdict of guilty. 
 
 The Texas Constitution is the barrier in the way of the women vot- 
 ing in this State. In Art. 6 Sec. 1 (74), it provides that certain nam- 
 ed persons shall not vote; it is immaterial now to name such class, 
 but it does not exclude "women." Sec. 2 (75) of the same Art. how-
 
 LECTURE 11 
 
 ever, prescribes who shall be qualified voters. It reads, "Every male 
 person subject to none of the foregoing- disqualifications — shall be 
 deemed a qualified voter." So you will see that the qualified voter 
 can be no other than a "male" person. 
 
 Had I the power I would change that Section for you so that you 
 could vote, by just adding thereto only two words. I would place the 
 words "and female" after the word "male" and it would then read as 
 follows. "Every male and female person subject to none of the fore- 
 going disqualifications — shall be deemed a qualified voter." 
 
 Some lawyers would say, that it is not necessary to add any words 
 at all, just strike out the word "male" and then it would read "Every 
 person" which of course would include the woman; but I could not 
 agree to that for some Judge may construe the Section, as he would 
 put it, in the light of the worlds history and the courts former de- 
 cisions and that it was not plain that the lawmakers intended "Every 
 person" to include "women." 
 
 It takes time to change the Constitution, but the women can have 
 it changed in the respect referred to if they shall work to that end. 
 
 There is a further question on the lines of Political Science, and 
 that is the right of the woman to hold public office, notwithstanding 
 her inability to vote. The married women, only were handicapped 
 from holding office in Texas heretofore, where bonds were required to 
 be executed under Statutes, she being prior to 1913 incapable of being 
 Principal or surety on such bonds (76). The Acts of 1913, however, 
 is supposed to have given the married woman, power of "contract"' 
 (77) and it may be that she can give like her single sister all bonds, 
 required. (78). 
 
 The question arises, are the "women" then debarred from holding 
 public office merely because they are not "males" or "qualified" vot- 
 ers?" 
 
 The solution of this question is found in the failure of the Consti- 
 tution to fix specific terms defining who shall be "eligible to office." 
 Of course it defines certain persons who can not hold office or can not 
 hold certain offices, but does not in express terms prohibit women 
 In the case of Stensoff vs. State Ex. Rel. 15 S. W. R. page 1100, de- 
 cided by the Supreme Court of Texas through Judge Gaines, it was 
 held that it was not a prerequisite under the present Constitution of 
 1876, that a person should be a "qualified voter" to be capable of hold- 
 ing the office of Tax Assessor. The Court pertinently says: 
 
 "When a Constitution has been framed which contains no provis- 
 ion defining in terms who shall be eligible to office there is strength 
 in the argument that the intention was to confide the selection to the 
 untrammeled will of the electors." 
 
 The prior Constitution of 1869 contained the provision that no per- 
 son shall be eligible to office. State, County or Municipal, who is not 
 a registered voter of the State. 
 
 In the above case. Judge Gaines, adds that the "omission of a sim- 
 ilar article in the present Constitution is not without its significance." 
 It therefore seems to follow, that, both married and single women may 
 hold public office in Texas, save and except in the cities and towns 
 incorporated under General Laws or in those cities, where special 
 Charter provides that the officers shall be "qualified voters." 
 
 I hope that the ladies, will not have the present inclination to run 
 for office in Marshall for its Charter provides that all elective officers 
 shall be "qualified voters." 
 
 It seems passing strange, that the women have learning enoug-h to
 
 12 LECTURE 
 
 hold office, make bonds and discharge with credit to themselves and 
 honor to their constituents, the duties prescribed by Statutes, yet are 
 not intelligent enough to vote "right." 
 
 There are the taxing laws, which tax the woman's property just 
 like the man's, advalorem, special street paving, good roads bond 
 issue and so on, and that whether she be married or single, and she 
 is given no voice in the matter at all, notwithstanding some of the 
 special taxes are levied and collected under a special vote of the local 
 voters "qualified electors," wherein she is not only denied a vote but 
 is prohibited by law, from coming any nearer to the polls than "one 
 hundred feet." (79). She is permitted to stand out at the end of the 
 "ropes" and look pleasant and that is all except the "paying." I said, 
 "This is an illustration of that part of the law which says "Jordan 
 is a hard road to travel." 
 
 The Woman can pay for the good roads and paved streets; for the 
 automobile and the gasoline which propels it over the smooth surface; 
 she can pay for the "cigar" in the Chauffeur's mouth, as he runs the 
 machine; but she can't vote a ballot to save her life. 
 
 I said, "What a monstrosity is this law, which taxes without any 
 pretense of representation of power at the ballot box; the little un- 
 pleasantness between England and her American Colonies arose over 
 some question like that or some other question, but that is Ancient 
 History and has no place here. 
 
 Illinois has recently had the women in actual voting contests, in 
 the open field (81); the record, show, that certain "burning" ques- 
 tions upon which the destinies of the human race shall rise or fall, 
 had been theretofore submitted under the ballots of the men only, at 
 the bar of the ballot; and had been ignobly lost against the interests 
 of humanity; under the contest submitted again, when the women 
 were given the power of the ballot, it was fought over; it was the 
 Battle of Waterloo, fought again; the women marching to the polls, 
 keeping step to the strains of martial music played by an hundred 
 bands; with Flags and Banners flaunting over their unbroken ranks 
 they marched to victory at the "double quick;" it was a sinless victory 
 and a bloodless defeat; the former decision and judgment were re- 
 versed by their ballot, and the question decided in the interest of hu- 
 manity and it was decided "right." 
 
 The women of Texas can and will do as nobly, if given this ballot 
 and power; justice should not deny this boon if it should consider no 
 other qualifications of the woman than her "constancy to her Trust." 
 As I look back to the very dawn of the Civilization of this wheeling 
 Globe, I see the woman bending over and protecting with her loving 
 hands the sons and daughters of the human race, from the cradle to 
 the grave; teaching and educating, clothing and feeding their children, 
 and as it were swearing them at the very Altar for Truth, Honesty 
 and Virtue; her vigils are greater in watching over the human race 
 than the lessons of constancy taught, by the patient watching of 
 Penelope for the return of Ulysses, who had sailed from Ithaca, out 
 into the west; than the constancy of the Polar Star, as it stands a 
 silent sentinel, forever, guarding the Throne of the Eternal North; 
 than the constancy of the Pyramids of the land of Isis and Osiris, 
 mute_ sentinels and witnesses of the glorv of fallen Empires, forever 
 pointing to the bending heavens above; of the constancy of the stony- 
 faced Sphinx of Gizeh and the Nile facing for four thousand years, 
 the rising dawn.
 
 LECTURE 13 
 
 I invite your attention to the action of the women of England; 
 look at the action of the women of America; I said, "In England, it is 
 Turk "met" Turk; in America it seems, as if lovers and sweethearts 
 have met. Their converse action and results, reminds me of a moun- 
 tain lake of which I have read. 
 
 It is said that upon the snow crested Alps, there is a mountain 
 Lake, the waters of which find their way to the Ocean by two differ- 
 ent channels; one portion goes the way of the "wide and winding 
 Rhine," and mingles with the stormy waves and crashing icebergs of 
 Northern Seas. The other portion joins the blue current of the 
 "Arrowy Rhone," and sinks to rest in the Mediteranean, along the 
 vine clad hills and sunny vales of France; one portion finds a home be- 
 neath the cold splendors of Auroral light, amid the freezing horrors 
 of an Arctic Zone; the other blushes beneath the glow of "Italian 
 skies" and lingers around the classic shores and storied Isles of 
 Greece. 
 
 I said, "I believe that this is the "International" law of warfare, 
 and is only solved by Mr. Vattel in his "Law of Nations;" the English 
 woman has attempted to "tomahawk" old John Bull, while on the 
 "war path" and has met with irresistable friction; the American wo- 
 man, has brought the sons of "Uncle Sam" to her feet, by her Wisdom 
 her winning ways and irresistable smile. 
 
 In conclusion, I would like to say, that, whatsoever shall be the 
 future of woman, as she toils on through the coming "dawn," guided . 
 by just laws breathing the spirit of equity; with her mind illuminated 
 by Wisdom, and the Sciences shedding their luster over her pathway; 
 armed with the Thunderbolt of Truth, to invade the very citadel of 
 Knowledge; teaching her sons and daughters, the lessons of Toil, 
 Honesty and Virtue; armed with the sword of the Ballot and the 
 Science of "Eugenics," I think that the future history of Woman, 
 shall be the "Evangelized" history of the human race. 
 
 But I do not believe, nor can I hope, that they shall be a better 
 race than the present, for I do believe that we have a "race of the 
 bravest men and the most beautiful women, that the sun in the heav- 
 ens ever shone upon." 
 
 "The Woman's cause is man's; they rise or sink, / 
 
 "Together, dwarfed or god like, bond or free. i 
 
 "For she that out of Lethe scales with man, / 
 
 "The shining steps of Nature, shares with man ' 
 
 "His nights, his days, moves with him to one goal." 
 
 (C. E. C.)
 
 14 AUTHORITIES 
 
 AUTHORITIES FOR "LECTURE" OF CHARLES CARTER BE- 
 FORE WOMEN'S FEDERATED CLUBS. 
 
 1 Mrs. T. P. Young. 
 
 2 Miss Paye Lane. 
 
 3 Rollin Hist. Bk. 5, Art. 9. 
 
 3 Littles Hist. Lights Sec. 5499. 
 
 a Then County Clerk of Harrison County. 
 
 4 H. A. Guerber "Myths of Greece and Rome," 55. 
 
 5 H. A. Guerber "Myths of Greece and Rome," 228. 
 
 6 Solomon's Proverbs. 
 
 7 Gibbons Rome Ch. 47, p. 502. 
 Littles Hist. L. Sec. 6078. 
 
 8 Tytlers Hist. Bk. 3, Ch. 4. 
 Littles Hist. L. Sec. 6101. 
 
 9 Tytlers Hist. Bk. 3, Ch. 6, p. 348. 
 Littles Hist. L. Sec. 6121. 
 
 10 Plutarchs Cato. 
 
 Littles Hist. L. Sec. 6138. 
 
 11 Tytlers Hist. Bk. 2, Ch. 1 p. 135. 
 Littles Hist. L. Sec. 6110. 
 
 12 Macauley's Frederick the Great, 35. 
 Littles Hist. L. Sec. 756. 
 
 13 Gen. Grant's Travels 300. 
 Littles Hist. L. Sec. 6061. 
 
 L. N. Chapin's "Beautiful and Wond. and Wise," 245. 
 Webster's Int. Diet. Appendix. 
 
 14 Gen. Grant's Travels, 300. 
 Littles Hist. L. Sec. 6061. 
 
 15 Quotation, Ingersoll's Napoleon. 
 
 16 Bob Taylor's Lectures, p. 198. 
 
 17 Plutarch's Anthony (Winston's Ed. Vol. 5, p. 195). 
 
 18 Plutarchs' Camillus. 
 Littles Hist. L. Sec. 6119. 
 
 19 Plutarch's Romulus. 
 Littles Hist. L. Sec. 6116. 
 
 20 Knight's Eng. Vol. 5, Ch. 27, p. 418. 
 Littles Hist. L. Sec. 6122. 
 
 21 21 "Cyc" 1143. 
 
 22 Id. Citing McLennan Studies; Howards Mart. Inst. Ch. 4. 
 
 23 Id. 
 
 24 Id. 
 
 25 21 "Cyc" 1143. 
 Sohm Inst. Sec. 93. 
 
 26 Id. 
 
 21 "Cyc" 1143. 
 Gaius 1—115; 136. 
 
 27 21 "Cyc" 1143. 
 
 Sohm Inst. 93, 94, 109. 
 
 Bryces' Stud. Hist. & Juris. 818. 
 
 28 21 "Cyc" 1143. 
 
 Cartwright vs. Hollis, 5 Texas 152. 
 
 29 21 "Cvc" 1143. 
 
 30 Harris Tex. Cons. (1913) p. 743. 
 21 "Cyc" 1150. 
 
 1 Blackstone Com. 444-445. 
 
 31 Gorman vs. State, 42 Texas 221.
 
 AUTHORITIES 15 
 
 32 Harris Tex. Const. (1913) p. 733-734. 
 
 33 Tucker vs. Carr, 39 Tex. 102; (65 Tex. 425; 27 Tex. 457). 
 
 34 Parks vs. Williard, 1 Tex. 350; Kempner vs. Huddleston, 90 Tex. 
 
 182 (Rev. St. 2967 (1895); 28 Tex. 382; 24 Tex. 304. 
 
 35 Coleman vs. Bank, 43 S. W. (Tex Civ.) 132; aff, in 94 Tex. 605, 
 
 63 S. W. (Tex. Sup.) 867. 
 
 36 Martin Brown Co. vs. Perrell, 77 Tex. 199; 13 S. W. R. 975. 
 
 37 Cabell vs. Mencer, 35 S. W. (Tex.) 206. 
 
 38 Bryan vs. Bank, 90 S. W. R. (Tex.) 704; aff. in 101 Tex. 630. 
 
 39 Blum vs. Light, 81 Tex. 414; 16 S. W. 1090; 20 Tex. 670, 25 Tex. 
 
 270. 
 
 40 Miller vs. Marx, 65 Tex. 131; 65 Tex. 425; 65 Tex. 402; 66 Tex. 
 
 553. 
 
 41 Rhine vs. Blake, 59 Tex. 240; Schepflin case 23 S. W. (Tex.) 432; 
 
 Allen vs. Roead, 66 Tex. 13; 17 S. W. 115. 
 
 42 DeBlane vs. Lynch, 23 Tex. 25; 24 Tex. 611; Cleveland vs. Cole, 
 
 65 Tex. 402; White vs. Lynch 26 Tex. 195. 
 
 43 Monday vs. Vance, 32 S. W. (Tex.) 559; 23 S. W. (Tex.) 432, 86 
 
 Tex. 194; 24 S. W. (Tex.) 385. 
 
 45 Kutch vs. Holly, 77 Tex. 220; Wofford vs. Nnger, 55 Tex. 480. 
 
 46 Acts Tex. Leg. 33 Ch. 32. p. 61-63 (Arts 4621, 4622, 4624). 
 
 47 Harris Tex. Const. 1913, 7785. 
 
 48 Acts Tex. 33rd Leg. Ch. 32, Art. 4621. 
 
 49 Id. 
 
 50 Id. Art. 4624. 
 
 51 Id. Art. 4622. 
 
 52 Id. Art. 4621-2. 
 
 53 Id. Art. 4624. 
 
 54 Acts Tex. 33rd Leg. Ch. 32; Art. 4624. 
 
 55 Id. 
 
 56 Harris Tex. Const. 1913, page 763. 
 
 57 Acts Tex. 33rd Leg. Ch. 32, Art. 4631. 
 
 58 Id. Art. 4621. 
 
 59 Id. 
 
 60 Acts Tex. 33rd Leg. Ch. 32, Art. 4621. 
 
 61 Id. Art. 4622. 
 
 62 Id. Id. 
 
 63 Id. Id. 
 
 64 Id. Art. 4621-2. 
 
 65 Acts Tex. 33rd Leg. Ch. 32, Sec. 1 and 2. 
 
 66 Id. Art 4624. 
 
 67 Id. Id. 
 
 68 Id. Art. 4622. 
 
 69 Id. Arts. 4621, 4624. 
 
 71 Acts Tex. 33rd Leg. Ch. 101, page 188. 
 
 72 Harris Tex. Const. 1913, page 25. 
 72 15 "Cyc" 298. 
 
 74 Harris Tex. Const. 1913, page 495. 
 
 75 Id. page 487. 
 
 76 Cruger vs. McCracken, 87 Tex. 584. 30 S. W. R. 537; Hollis vs. 
 
 Francois, 5 Tex. 195. 
 
 77 Acts Tex. 33rd Leg. Ch. 32, "Emergency Clause." 
 
 78 Sayl. Tex. Civ. St. 1914, Art. 793-4. 
 
 79 Acts Tex. 29th Leg. Ch. 9, Sec. 84. 
 
 80 Id. 
 
 81 Prominent Newspapers; Globe Democrat. TEC
 
 16 LAWS OF TEXAS 
 
 THE LAWS OF THE RIGHTS AND PROPERTY OF WOMEN IN 
 
 TEXAS. 
 
 Rights of all persons under Federal Constitution. 
 
 1 "All persons born or naturalized in the United States and sub- 
 ject to the jurisdiction thereof, are "citizens" of the United States 
 and of the state wherein they reside. No state shall make or en- 
 force any law which shall abridge the privileges or immunities 
 of citizens of United States. 
 
 2 "Nor shall any state deprive any person of life, liberty, or 
 property without due process of law, nor deny to any person with- 
 in its jurisdiction the equal protection of the laws." (65). 
 
 The right to vote. 
 
 3 "The right of citizens of the United States to vote shall not be 
 denied or abridged by the United States or by any state on ac- 
 count of race, color or previous condition of servitude." (66). 
 
 Power to enforce. 
 
 4 "The Congress shall have power to enforce this article by ap- 
 propriate legislation." (67). 
 
 Texas Laws for the Husband and Wife. 
 
 Who authorized to celebrate marriage rights. 
 
 5 "All regular licensed or ordained ministers of the gospel, Jew- 
 ish rabbis, judges of the district and county courts, and all jus- 
 tices of the peace of the several counties are authorized to cele- 
 brate the rites of matrimony between all persons legally author- 
 ized to marry." (68). 
 
 Who not permitted to marry. 
 
 6 "Males under sixteen and females under fourteen years of age 
 shall not marry." (69). " 
 
 License issued by County Clerk. 
 
 7 "Any person desirous of marrying shall apply to the Clerk of 
 the county court, and shall receive from him a license directed to 
 all persons authorized by law to celebrate the rites of matrimony, 
 which shall be sufficient authority for any one of such persons 
 to celebrate such marriage." (70). 
 
 Clerk shall not issue license in certain cases. 
 
 8 "No clerk shall issue a license without the consent of the par- 
 ent or guardian of the parties applying, if there be a legally ap- 
 pointed guardian of either party to such license, said consent to be 
 given in person or in writing, signed and acknowledged by said 
 parent or guardian before an officer authorized to take acknowl- 
 edgement, unless the parties so applying shall be, in case of the 
 male twenty-one years of age, and in case of the female eighteen 
 years of age, and if there be any doubt in the mind of the clerk of 
 the county court issuing such license, he shall not issue said li- 
 cense unless there shall be presented to him a certifcate under 
 oath from their parent or guardian or some person other than the 
 contracting parties that the contracting parties have attained the 
 ages aforesaid:" 
 
 "Provided further, that nothing in this Act shall be construed 
 to affect the issuance of marriage license in seduction prosecu- 
 tion. 
 
 9 "Provided, that in cases where any minor has neither parent 
 nor guardian, then the clerk shall not issue a license without the
 
 LAWS OF TEXAS 17 
 
 consent of the county judp:e of the county of the residence of such 
 minor, such consent to be in writing and sijjned and acknowledged 
 by such county judge." (71) 
 
 Return and recording of License. 
 
 10 "The said clerk shall record all licenses issued by him in a well 
 bound book kept for that purpose; and it shall also he the duty of 
 the persons solemnizing the rites of matrimony to indorse the 
 same on the license and make return of the same to the office of 
 the clerk of the county court within sixty days after the celebra- 
 tion aforesaid; which return shall also be recorded as afore- 
 said." (72). 
 
 Certain intermarriages prohibited. 
 
 11 "It shall not be lawful for any person of Caucasian blood or 
 their descendants to in-termarry with Africans or the descend- 
 ants of Africans; and, should any person as aforesaid violate the 
 provisions of this article, such marriage shall be null and void." 
 
 (73). y 
 
 Marriages heretofore by bond (1840) validated. 
 
 12 "Whereas, many persons heretofore, previous to the passage 
 of an act approved June 5, 1837, regulating marriages, and for 
 other purposes, had, for the want of some person legally quali- 
 fied to celebrate the rites of matrimony, resorted to the practice, 
 of marrying by bond, and others have been married by various 
 officers of justice not authorized to celebrate such marriages, 
 and whereas, public policy and the interest of families require a 
 further legislative action of the subject, therefore, all such mar- 
 riages are declared legal and valid to all intents and purposes, 
 and the issue of such persons are declared legitimate children and 
 capable of inheritance." (74). 
 
 Issue legitimatized. 
 1?) "In cases where persons have so intermarried agreeably to the 
 custom of the times, and where husband or wife has since died, 
 then and in that case the issue of such marriages are hereby 
 legitimatized." (75). 
 
 Slave marriages. 
 
 14 "All persons who at any time heretofore have lived together 
 as man and wife, and both of whom, by the laws of bondage, were 
 precluded fi'om the rites of matrimony, and continued to live to- 
 gether until the death of one of the parties, shall be considered 
 as having been legally married, and the issue of such cohabita- 
 tion is declared legitimate; and all such persons as were so loving 
 together in such relation on the fifteenth day of August, 1870, 
 shall be considered as having been legally married, and the chil- 
 dren heretofore or hereafter born of such cohabitations are de- 
 clared legitimate." (76). 
 
 Marriage contracts; what stipulations may be made. 
 
 15 "Parties intending to enter into the marriage state may enter 
 into what stipulations they please, provided they be not contrary 
 to good morals or to some rule of law; and in no case, shall they 
 enter into any agreement, or make any renunciation, the object of 
 which would be to alter the legal orders of descent, either with 
 respect to themselves, in what concerns the inheritance of their 
 children or posterity, which either may have by any other person, 
 or in respect to their common children; nor shall they make any
 
 18 LAWS OF TEXAS 
 
 valid agreement to impair the legal rights of the husband over 
 the person of the wife, or the persons of their common chil- 
 dren." (77). 
 
 How authenticated. , . j^ 
 
 16 "Every matrimonial agreement must be acknowledged before 
 some officer authorized by law to take acknowledgments to 
 
 i deeds, and attested by at least two witnesses; the mmor capable 
 ' of contracting matrimony may give his consent to any agreement 
 ' which this contract is susceptible of, but such agreement must be 
 : made by the written consent of both parents, if both be livmg;_if 
 : not, then by that of the survivor; if both be dead, then the writ- 
 S ten consent of the guardian of such minor." (78). 
 Can not be altered after marriage. 
 
 17 "No matrimonial agreement shall be altered after the cele- 
 bration of the marriage." (79). 
 
 Reservation by wife must be recorded. 
 ""= "When the wife, by a marriage contract, may reserve to her- 
 self any property or rights to property, whether such rights be 
 in esse or expectancy, such reservation to be valid as to the sub- 
 sequent purchasers or creditors of her husband, must be acknowl- 
 edged and recorded as provided by law." (80). 
 
 Separate property; management; joinder of husband; permis- 
 sion of District Court when husband refuses to sign; property of 
 wife not subject to husband's debts; conveyance of homestead. 
 19 "All propertv, both real and personal, of the husband owned 
 I or claimed by him before marriage, and that acquired afterwards 
 by gift, devise or descent, as also the increase of all lands thus 
 acquired shall be his separate property. 
 / 20 "The separate property of the husband shall not be subject to 
 ' the debts contracted by the wife, either before or after marriage, 
 
 except for necessities furnished herself and children after her 
 marriage with him. 
 / 21 "All property of the wife both real and personal owned or 
 ^ claimed by her before marriage, and that acquired afterwards by 
 gift, devise or descent, as also the increase of all lands thus ac- 
 quired shall be the separate property of the wife. 
 9-7 "During marriage the husband shall have the sole manage- 
 ment, control and disposition of his separate property, both real 
 and personal, and the wife shall have the sole management, con- 
 trol and disposition of her separate property, both real and per- 
 sonal; 
 
 23 "Provided, however, the joinder of the husband in the manner 
 now provided by law for conveyance of the separate real estate 
 of the wife shall be necessary to an encumbrance or conveyance 
 by the wife of her lands, and the joint signature of the husband 
 and wife shall be necessary to a transfer of stocks and bonds 
 belonging to her or of which she may be given control by this Act; 
 
 24 "Provided, also, that if the husband shall refuse to join in such 
 encumbrance, or conveyance, or transfer of such property the 
 wife may apply to the District Court of the county of her resi- 
 dence, and it shall be the duty of the court, in term time or va- 
 cation, upon satisfactory proof that such encumbrance, convey- 
 ance or transfer would be advantageous to the interest of the 
 wife, to make an order granting her permission to make such 
 
 •" * '*.
 
 LAWS OF TEXAS 19 
 
 encumbrance, conveyance or transfer without the joinder of her 
 husband, in which event she may encumber, convey or transfer 
 said property without such joinder. 
 
 25 "Neither the separate property of the wife, nor the rents 
 from the wifes' separate real estate, nor the interest on bonds 
 and notes belonging to her, nor dividends on stocks owned by her, 
 nor her personal earnings shall be subject to the payment of debts 
 contracted by the husband. 
 
 26 /~ "The homestead, whether the separate property of the hus- 
 C^and or wife, or the community property of both, shall not be dis- 
 posed of except by the joint conveyance of both husband and 
 wife." (81). 
 
 (Scott vs. Scott, 170 S. W. R., 273 upholds the act. The case of 
 Bank vs. McWhorter, 179 S. W. R. p. 1147, make Sudan seed 
 grown on wifes' land subject to husband's debt). 
 
 Cominunity property; what property under control of wife. 
 Bank deposits. 
 
 27 "All property acquired by either the husband, or wife during 
 / marriage, except that which is the separate property of either 
 v>/ one or the other, shall be deemed the common property of the 
 
 ' husband and wife, and during coverture may be disposed of by 
 the husband only, provided, however, 
 
 28 "The personal earnings of the wife, the rents from the wife's 
 real estate, the interest on bonds and notes belonging to her and 
 dividends on stocks owned by her shall be under the control, man- 
 agement and disposition of the wife alone, subject to the provis- 
 ions of Article 4621, as hereinabove written; and further, 
 
 29 "Provided, that any funds on deposit in any bank or banking 
 institution whether in the name of the husband or the wife, shall 
 be presumed to be the separate property of the party in whose 
 name they stand, regardless of who made the deposit, and unless 
 said bank or banking institution is notified to the contrary, it 
 shall be governed accordingly in honoring checks and orders 
 against such account." (82). 
 
 Compensation for injury to wife her separate property. 
 
 30 "All property or money received as compensation for personal 
 injuries sustained by the wife shall be her separate property, ex- 
 cept such actually and necessary expenses as may have accumu- 
 lated against the husband for hospital fees, medical bills and all 
 other expenses incident to the collection of said compensa- 
 tion." (83). 
 
 Presumption as to community property. 
 
 31 "All the effects which the husband and wife possess at the 
 time the marriage may be dissolved shall be regarded as common 
 effects or gains, unless the contrary be satisfactoi'ily prov- 
 ed." (84). 
 
 Property subject to debts of wife; husband to join in certain 
 contracts. 
 
 32 "Neither the separate property of the husband nor the com- 
 munity property other than the personal earnings of the wife, and 
 the income, rents and revenues from her separate property shall 
 be subject to the payments of debts contracted by the wife, except 
 those contracted for necessaries furnished her or her children; 
 
 33 "Provided the wife shall never be the joint maker of a note 
 or a surety on any bond or obligation of another without the join- 
 
 I
 
 20 LAWS OF TEXAS 
 
 der of her husband with her in making such contract." (Nelson 
 vs. Dearborn 179 S. W. 1102 holds that wife can not be surety on 
 appeal bond even with husband's consent.") (85). 
 Judgment and execution in such cases. 
 
 34 "Upon the trial of any suit as provided for in the preceding 
 article, if it shall appear to the satisfaction of the court and jury 
 that the debts so contracted or expenses so incurred were for the 
 purposes enumerated in said article, and also that the debts so 
 contracted or expenses so incurred were reasonable and proper, 
 the court shall decree that execution may be levied upon either 
 the common property or the separate property of the wife, at the 
 discretion of the plaintiff." (86). 
 
 Husband failing to support wife, etc. 
 
 35 "Should the husband fail or refuse to support his wife from 
 the proceeds of the lands she may have, or fail to educate her 
 children as the fortune of the wife would justify, she may, in 
 either case, complain to the county court, which, upon satisfac- 
 tory proof, shall decree that so much of such proceeds shall be 
 paid to the wife for the support of herself and for the nurture and 
 education of her children, as the court may deem necessary." (87). 
 
 (L Community property liable for debts. 
 Z<oT] "The community property of the husband and wife shall, be 
 ^liable for their debts contracted during marriage, except in such 
 cases as are specially excepted by law." (88). 
 
 Wilful refusal to provide for wife and child. 
 
 37 "Any husband who shall wilfully or without justification, de- 
 sert, neglect or refuse to provide for the support and maintenance 
 of his wife, who may be in destitute or necessitous circumstances, 
 or refuse to provide for the support and maintenance of his or her 
 child or children under the age of sixteen years in destitute or 
 necessitous circumstances, shall be deemed guilty of a misde- 
 meanor and on conviction thereof shall be punished by a fine of 
 not less than twenty-five dollars and not more than five hundred 
 dollars or by imprisonment in the county jail not more than one 
 year or by both such fine and imprisonment." (89); 
 
 Pending suit wife may be supported by order. 
 
 38 "At any time before the trial, upon petition of the complain- 
 ant and upon notice to the defendant, the court or judge thereof 
 in vacation, may enter such temporary orders as may seem just, 
 providing for the support of the deserted wife or children, or both, 
 pendente lite, and may punish for the violation of or refusal to 
 obey such order or orders as for contempt." (90). 
 
 Evidence of such marriage. 
 
 39 "No other or greater evidence to prove the marriage of such 
 husband and wife, or that the defendant is the father or mother 
 of such child or children, shall be required than is or shall be re- 
 quired to prove such facts as in a civil action. 
 
 40 "In no prosecution under this Act shall any existing statute 
 prohibiting disclosures of confidential communications between 
 husband and wife apply, to strictly relevant facts and both hus- 
 band and wife shall be competent and compellable witnesses to 
 testify against each other to any and all relevant matters, includ- 
 ing the fact of such marriage and the parentage of such child or 
 children. 
 
 41 "Proof of the desertion of such wife, child or children in desti-
 
 LAWS OF TEXAS 21 
 
 tute or necessitous circumstances or the neprlect to provide for the 
 support and maintenance of such wife, child or children shall be 
 prima facie evidence that such desertion, neglect or refusal is 
 wilful." (91). 
 
 42 "An offense under this act shall be held to have been commit- 
 ted in the county in which such wife, child or children may have 
 been at the time such abandonment occurred, or in the county 
 in which such wife, child or children shall have resided for six 
 months next preceding' the filing of the complaint, information 
 or indictment." (92). 
 
 43 "It shall be the duty of the Commissioners' Court of the coun- 
 ty in which a complaint, information or indictment under this Act 
 is filed to furnish the funds necessary for extraditing- or arresting 
 and returning to such county any defendant under this Act who is 
 not at the time in such county or who has gone to another state." 
 (93). . 
 
 44 "This Act shall be liberally construed and if any section there- 
 of be declared invalid, the remaining parts of the law shall not 
 be affected thereby, as it is the intent of the Legislature to pre- 
 serve all, any and every portion of said Act, if possible." (94). 
 
 Female under 21 emancipated by marriage. 
 
 45 "Every female under the age of twenty-one years, who shall 
 marry in accordance with the laws of this state, shall, from and 
 after the time of such marriage, be deemed to be of full age, and 
 shall have all the rights and privileges to which she would have 
 been entitled had she been at the time of her marriage of full 
 age." (95). 
 
 Rights of persons married elsewhere. 
 
 46 "The marital rights of persons married in other countries, 
 who may remove to this state, shall, in regard to property ac- 
 quired in this state during marriage, be regulated by the laws of 
 this state." (96) 
 
 Married women may apply to court for trading purposes. 
 
 47 "Any married woman within this state mav, with the consent 
 of and joined by her husband, apply to the district court of the 
 county in which she may be a bona fide resident for judgment or 
 order of the said court removing her disabilities of coverture and 
 declaring her feme sole for mercantile and trading purposes." 
 (97). 
 
 Contents of Petition. 
 
 48 "Said application shall be in the form of a petition in writing 
 addressed to said court, setting out the cause or causes which 
 make it desirable or advantageous to said married woman to be so 
 declared feme sole." (98). 
 
 Hearing of petition. 
 
 49 "Upon the filing of said petition same shall be docketed as 
 in other cases, and at any time thereafter, the district court may, 
 in term, take up and hear said petition and evidence in regard 
 thereto." (99). 
 
 k Decree declaring married women feme sole for mercantile 
 
 f purposes; effect of decree. 
 
 50 "If upon a hearing of said petition, and evidence relating 
 thereto, it should appear to the court that it would be to the in- 
 terest and advantage of the said married woman so applying, then 
 said court shall enter its order or decree declaring said married
 
 22 LAWS OF TEXAS 
 
 women feme sole for mercantile or trading purposes, and there- 
 after the said married woman may, in her own name, contract 
 and be contracted with, sue and be sued, and all of her separate 
 property not exempt from execution under the exemption laws of 
 Texas, shall thereafter be subject to her debts and liable under 
 execution therefor, and her contracts and obligations shall be as 
 binding on her as if she were a feme sole. 
 
 "Provided however, that no married woman shall convey or 
 encumber her separate property except as now provided by law." 
 (la). 
 
 Divorce. 
 
 Marriage may be annulled when. 
 
 51 "The District Court shall have power to hear and determine 
 suit for the dissolution of marriage, where the causes therefor 
 shall be natural or incurable impotency of body at the time of en- 
 tering into the marriage contract, or any other impediment that 
 renders such contract void, and shall have power and authority 
 to decree the marriage to be null and void." (2a). 
 
 Divorce may be granted in what cases. 
 
 52 "A divorce by separation from the bonds of matrimony may 
 be decreed in the following cases: 
 
 1. Where either the husband or wife is guilty of excesses, 
 cruel treatment or outrages toward the other, if such ill treat- 
 ment is of such a nature as to render their living together insup- 
 portable. 
 
 2. In favor of the husband, where his wife shall have been 
 taken in adultery, or where she shall have voluntarily left his bed 
 and board for the space of three years with the intention of aban- 
 donment. 
 
 3. In favor of the wife, where the husband shall have left 
 her for three years with intention of abandonment, or where he 
 shall have abandoned her and lived in adultery with another wo- 
 man. 
 
 4. In favor of either husband or wife, when the other shall 
 have been convicted, after marriage, of a felony and imprisoned 
 in the state prison; provided, that no suit for divorce shall be 
 sustained because of the conviction of either party for felony un- 
 til twelve months after final judgment of conviction, nor then if 
 the governor shall have pardoned the convict; 
 
 "Provided that the husband has not been convicted on the 
 testimony of the wife, nor the wife on the testimony of the hus- 
 band." (3a). 
 
 Plaintiff must be a resident; suit to be filed 30 days before 
 healing; additional grounds for divorce. 
 53 "No suit for divorce from the bonds of matirmony shall be 
 maintained in the courts of this state unless the petitioner for 
 such divorce shall at the time of exhibiting his or her petition, be 
 an actual bona fide inhabitant of the state for a period of twelve 
 months and shall have resided in the county where the suit is 
 filed six months next preceding the filing of the suit; 
 
 "Provided, that such suit shall not be heard or divorce granted 
 before the expiration of thirty days after the same is filed; and 
 provided further, that neither party to a divorce suit, wherein a 
 divorce is granted upon the ground of cruel treatment, shall mar- 
 ry any other person for a period of twelve months next after such
 
 LAWS OF TEXAS 23 
 
 divorce is granted, but the parties so divorced may marry each 
 other at any time upon obtaining a license as provided in arti- 
 cle 4G10; 
 
 "Provided that where a man marries the woman whom he se- 
 duces to escape penalties of the law punishing for seduction, the 
 man shall not be entitled to a divorce for any cause within three 
 years after such marriage; 
 
 "Provided that this Act shall not apply to any case where 
 either the husband or wife is insane." 
 
 "Provided further that in addition to the grounds for divorce 
 now provided by statute, that where any husband and wife have 
 lived apart without co-habitation for as long as ten years, the 
 same shall be sufficient grounds for divorce." (4a). 
 
 Husband and wife competent witnesses. 
 
 54 "In all suits for divorce from the bonds of matrimony, the 
 defendant shall not be compelled to answer upon oath, nor shall 
 the petition be taken as confessed for want of answer, but the 
 decree of the court shall be rendered upon full and satisfactory 
 evidence, upon the verdict of a jury, if a jury shall have been de- 
 manded by either party, and if not, upon the judgment of the 
 court affirming the material facts, alleged in the petition. 
 
 "In all such suits and proceedings the husband and the wife 
 shall be competent witnesses for and against each other, but 
 neither party shall be compelled to testify as to any matter that 
 will criminate himself or herself; and where the husband or wife 
 testifies, the court or jury trying the case shall determine the 
 credibility of such witnesses, and the weight to be given such 
 testimony; but no divorce shall be granted upon the evidence of 
 either husband or wife, if there be any collusion between them. 
 (5a). 
 
 Division of property. 
 
 55 "The court pronouncing a decree of divorce from the bonds of 
 matrimony shall also decree and order a division of the estate 
 of the parties in such a way as to the court, shall seem just and 
 right having due regard to the rights of each party and their 
 children if any; provided, however, that nothing herein contained 
 shall be construed to compel either party to divest himself or 
 herself of the title to real estate." (6a). 
 
 Condonation, connivance and collusion. 
 
 56 "In any suit for divorce for the cause of adultery, if it shall 
 be proved that the complainant has been guilty of the like crime 
 or has admitted the defendant into conjugal society or embraces 
 after he or she knew the criminal fact, or that the complainant, 
 if the husband, connived at his wife's prostitution, or exposed 
 her to lewd company, whereby she became ensnared to the crime 
 aforesaid, it shall be a good defense and a perpetual bar against 
 said suit; 
 
 "Or if it appears that the adultery complained of is occa- 
 sioned by collusion of the parties, and done with intention to pro- 
 cure a divorce, or where both parties shall be guilty of adultery 
 then no divorce shall be granted. (7a). 
 
 Legitimacy of children; parties may marry aeain. 
 
 57 "A divorce from the bonds of matrimony shall not in any wise 
 effect the legitimacy of the children thereof; and either party 
 may after the dissolution of the marriage, marry again." (8a). 
 
 Debts and alienations after suit filed.
 
 24 LAWS OF TEXAS 
 
 "On and after the day on which the action for divorce shall 
 be brought, it shall not be lawful for the husband to contract any 
 debts on account of the community, nor to dispose of the lands 
 belonging- to the same; and any alienation made by him after 
 that time shall be null and void, if it be proved to the satisfaction 
 of the court that such alienation was made with a fraudulent 
 view of injuring the rights of the wife." (9a). 
 
 Inventory and appraisement; injunction. 
 
 58 "At any time during a suit for divorce the wife, may, for the 
 preservation of her rights, require an inventory and an appraise- 
 ment to be made of both real and personal estate which are in 
 the possession of the husband, and an injunction restaining him 
 from disposing of any part thereof in any manner." (10a). 
 
 Temporary orders, 
 
 59 "Pending any suit for a divorce the court, or the judge there- 
 of, may make such temporary orders respecting the property and 
 parties as shall be deemed necessary and equitable." (Ha). 
 
 Alimony. 
 
 60 "If the wife, whether complaintant or defendant, has not a 
 sufficient income for her maintenance during the pendency of the 
 suit for a divorce the judge may, either in term time or in vaca- 
 tion, after due notice, allow her a sum for her support in propor- 
 tion to the means of the husband, until a final decree shall be 
 made in the case." (12a). 
 
 Custody of children. 
 
 61 "The court aforesaid shall have power, in all cases of separa- 
 tion between man and wife, to give the custody and education of 
 the children to either father or mother, as to the said court shall 
 seem right and proper, having regard to the prudence and abil- 
 ity of the parents, and the age and sex of the child or children, 
 to be determined and decided on the petition of either party; 
 and in the meantime to issue any injunction or make any order 
 that the safety and well being of any such children may require." 
 (13a) 
 
 Costs. 
 
 62 "The court may award costs to the party in whose behalf the 
 sentence or decree shall pass, or that each party shall pay his 
 or her own costs, as to the court shall appear reasonable." 
 
 Acknowledgement of married woman. 
 
 63 "No acknowledgement of a married woman to any convey- 
 ance or other instrument purporting to be executed by her shall 
 be taken, unless she has had the same shown to her, and then and 
 there fully explained by the officer taking the acknowledgment, 
 on an examination privily and apart from her husband; nor shall 
 he certify to the same, unless she thereupon acknowledges to 
 such officer that the same is her act and deed, that she had wil- 
 lingly signed the same, and that she wishes not to retract it." 
 (14a). 
 
 Limitation shall not run against married women. 
 
 64 "If a person entitled to bring any action other than those 
 mentioned in chapter one of this title (87) be at the time the 
 cause of action accuses, either (among others) 
 
 (2) A married woman; 
 
 Or "the time of such disability shall not be deemed a por- 
 tion of the time limited for the commencement of the action; and
 
 LAWS OF TEXAS 25 
 
 such person shall have the same time aftei* the removal of his 
 disability that is allowed to others by the provisions of this ti- 
 tle. (87)." (15a). 
 
 Above article applied to personal actions. (Author). 
 
 Runs against married women on lands. 
 
 65 "If a person entiteld to commence suit for the recovery of 
 real property, or to make any defense founded on the title there- 
 to, by the time such title shall first descend or the adverse pos- 
 session commence 
 
 (1) Under the age of twenty-one years; or 
 
 (2) Of unsound mind; or 
 
 (3) A person imprisoned; the time during which such dis- 
 ability shall continue shall not be deemed any portion of the time 
 limited for the commencement of such suit, or the making of such 
 defense; and such person shall have the same time after the re- 
 moval of his disability that is allowed to others by the provis- 
 ions of this chapter (1). 
 
 "Provided, that limitation shall not begin to run against mar- 
 ried women until they arrive at the age of twenty-one years; 
 
 "And further, that their disability shall continue one year 
 from and after July 29, 1895, and that they shall have thereafter 
 the same time allowed others by the provisions hereof; and furth- 
 er, that this article shall in no way affect suits then pending, and 
 all such suits shall be tried and disposed of under the law then 
 in force." (16a). 
 
 Suits for wife's separate property. 
 
 66 "The husband may sue either alone or jointly with his wife 
 for the recovery of any separate property of the wife; and, in 
 case he fail or neglect so to do, she may, by the authority of the 
 court, sue for such property in her own name." (17a). 
 
 Suits for necessaries to wife. 
 
 67 "The husband and wife shall be jointly sued for all debts con- 
 tracted by the wife for necessaries furnished herself or children 
 and for all expenses which may have been incurred by the wife 
 for the benefit of her separate property." (18a). 
 
 Suit for wife's debts. 
 
 68 "The husband and wife shall be jointly sued for all separate 
 debts and demands against the wife, but, in such case, no per- 
 sonal judgment shall be rendered against the husband." (19a). 
 
 Venue. Where suit to be filed against married woman. 
 
 69 "Where the defendant is a married woman in which case she 
 may be sued in the countv in which her husband has his domi- 
 cile." (20a). 
 
 Married women may be directors, etc., in Cemetery Associa- 
 tion. 
 
 70 "The directors and officers of any corporation created in pur- 
 suance of this chapter (23 Title 25) shall be chosen under and in 
 accordance with the provisions of this title (25), except that mar- 
 ried women may be directors and officers in such corporations, 
 and may perform any duties and execute any deed or contract 
 appertaining to the duties of the office so held, without the con- 
 currence of their husbands." (21a). 
 
 Married women two years in which to appeal to County Court 
 by Certiorari. 
 
 71 "Any person interested in the estate of a decedent or ward
 
 26 LAWS OF TEXAS 
 
 may have the proceedings of the county court therein revised and 
 corrected at any time within two years after such proceedings 
 were had and not afterwards; provided, that persons non compos 
 mentis, infants and feme coverts shall have two years after the 
 removal of their respective disabilities within which to apply for 
 such revision and correction." {22a). 
 
 Surviving wife has same rights to community control after 
 death of husband, as is provided, that husband has. 
 
 72 "The wife may retain the exclusive management, control and 
 I disposition of the community property of herself and deceased or 
 
 V I insane husband in the same manner and subject to the same 
 >/ rights, rules and regulations as provided in the case of the hus- 
 |V band, and until she shall in the event of the death of her bus- 
 Band, marry again." (23a). 
 
 (The provisions for the control of the husband in the commu- 
 nity survivorship are ) 
 
 Community property liable for community debts. 
 
 73 "The community property of the husband and wife, except 
 such as is exempt from forced sale, shall be liable for all the debts 
 contracted during marriage. And, in the settlement of such com- 
 munity estates, it shall be the duty of the survivor executor or ad- 
 ministrator to keep a separate and distinct account of all the 
 community debts allowed or paid in the settlement of such es- 
 tates." (24a). 
 
 Administration not required when. 
 
 74 "Where the husband or wife dies intestate, or becomes insane, 
 having no child or children, and no separate property, the com- 
 mon property passes to the survivor, charged with the debts of 
 the community; and no administration thereon or guardianship of 
 the estate of the insane husband or wife shall be necessary." (25a) 
 
 Where there is child, survivor holds subject to and etc. 
 
 75 "Where the wife dies or becomes insane, leaving a surviving 
 husband and child, or children, the husband shall have the exclu- 
 sive management, control and disposition of the community prop- 
 erty in the same manner as during her life time, or sanity; and 
 it shall not be necessary that the insane wife shall join in con- 
 veyances of such property, or her privy examination and acknowl- 
 edgement be taken to such convej^ances, subject, however to the 
 provisions of this chapter." (26a). 
 
 Application for community administration by husband. 
 
 76 _ "The husband shall, within four years after the death of the 
 wife or her being declared insane, as provided by law, when there 
 is a child, or children, file a written application in the county 
 court of the proper county, stating: 
 
 1. The death of his wife, or that she has been declared in- 
 sane by a court of competent jurisdiction, and the time and place 
 of her death or of such declaration. 
 
 2. That she left a child or children, giving the names, sex, 
 residence and age of each child. 
 
 3. That there is a community estate between the deceased 
 or insane wife and himself. 
 
 4. Such facts as show the jurisdiction of the court over the 
 estate. 
 
 5. Asking for the appointment of appraisers, to appraise such 
 estate. (27a).
 
 LAWS OF TEXAS 27 
 
 Court shall appoint appraisers. 
 
 77 "Upon the filing- of such application, the county judpce shall, 
 without citation and either in term time or vacation, by order en- 
 tered upon the minutes of the court, appoint appraisers to ap- 
 praise such estate as in other administrations." (28a). 
 
 Inventory, appraisement and list of indebtedness sworn to and 
 returned. 
 
 78 "It shall be the duty of the surviving- husband or wife (of 
 community estates) with the assistance of any two of the ap- 
 praisers, to make out a full, fair and complete inventory and ap- 
 praisement of such community estate; and the survivor shall at- 
 tach thereto a list of all community debts due the estate, and 
 shall also attach thereto a list of all indebtedness due by said 
 community estate to other parties, giving- the amount of each 
 debt and the name of the party or parties to whom it is due, and 
 his or their postoffice address; and such inventory, list of claims, 
 and list of indebtedness, of said community estate, shall be sworn 
 to by said survivor; and the inventory, appraisement and list of 
 claims due said community estate shall be sworn to by said ap- 
 praisers; and said inventory, appraisement, list of claims due said 
 estate, and list of indebtedness due by said estate, shall be re- 
 turned to the court within twenty days from the date of the or- 
 der appointing- appraisers in like manner as other administra- 
 tions." (29a). 
 
 Bond of survivor. 
 
 79 "The surviving- husband shall, at the time he returns the in- 
 ventory, appraisement and list of claims, present to the court his 
 bond with two or more g-ood and sufficient sureties, payable to 
 and to be approved by the county judge, in a sum equal to the 
 ■whole of the value of such community estate as shown by the ap- 
 praisement, conditioned that he will faithfully administer such 
 community estate, and pay over one-half the surplus thereof after 
 the payment of the debts with which the -whole of such property 
 is properly charg-eable, to such person or persons as shall be en- 
 titled to receive the same." (31a). 
 
 Action of court on inventory, etc. 
 
 80 "When any such inventory, appraisement, list of claims and 
 bond are returned to the county judge, he shall either in term 
 time or in vacation, examine the same and approve or disapprove 
 them by an order to that effect entered upon the minutes of the 
 court, and, when approved, the same shall be recorded upon the 
 minutes of the court, and the order approving the same shall also 
 authorize such survivor to control, manage and dispose of such 
 community property in accordance with the provisions of this 
 chapter." (.32a). 
 
 After order of court survivor has control, etc. 
 
 81 "When the order mentioned in the preceding article has been 
 entered, such survivor, without any further action in the county 
 court, shall have the right to control, manage and dispose of such 
 community property, real or personal, in such manner as may 
 seem best for the interest of the estate and of suing and being 
 sued with regard to the same, in the same manner as during the 
 life time of the deceased; 
 
 "And a certified copy of the order of the court mentioned in 
 the preceding article shall be evidence of the qualifications and 
 right of such survivor." (33a).
 
 28 LAWS OF TEXAS 
 
 Survivor shall keep an account of debts and expenses. 
 
 82 "The survivor shall keep a fair and full account and state- 
 ment of all community debts and expenses paid by him, and of 
 the disposition made of such community property; and upon final 
 partition of said estate, shall account to the legal heirs of the de- 
 ceased for their interest in such estate, and the increase and prof- 
 its of the same, after deducting therefrom all community debts, 
 unavoidable losses, necessary and reasonable expenses, and a 
 reasonable commission for the management of the same." (34a). 
 
 New appraisement and bond may be required. 
 
 83 "Any person interested in such community estate may cause a 
 new appraisement to be made of the same, or a new bond may be 
 required of the survivor for the Afwne causes and in like manner 
 as provided in other administrations." (35a). 
 
 Duty of survivor to pay debts. 
 
 84 "It shall be the duty of the survivor to pay all just and legal 
 community debts as soon as practicable, and according to the 
 classification and in the order prescribed for the payment of debts 
 in other administrations." (3a). 
 
 Meaning of word "Survivor." 
 
 85 "The use of the words, "survivor," or "surviving" in the above 
 and foregoing articles of this chapter, where no other designation 
 is given, shall be held to apply as well to a sane person represent- 
 ing an insane person." (37a). 
 
 Rights of wife when she marries again. 
 86/ "Upon the marriage of the surviving wife, she shall coase to 
 
 (have such control and management of said estate or the right to 
 dispose of the same; and said estate shall be subject to adminis- 
 tration as in other cases of deceased persons' estates." (38a). 
 
 Recovery of insane spouse stops action hereunder. 
 
 87 "Whenever such insane husband or wife shall have recovered 
 sanity, then all action hereunder shall cease, and a report shall be 
 made under oath of all transactions had and done under said pro- 
 ceedings; and said report shall be filed and recorded in the court 
 where such proceedings were had, and with the other papers of 
 the case." (39a). 
 
 Duty of guardians in such cases. 
 
 88 "Persons now acting as guardians of the estate of persons of 
 unsound mind shall turn over the estates of their wards, where 
 the wards shall be married persons, upon the qualifications of the 
 sane spouse, as provided in this chapter." (40a). 
 
 Where intestate leaves wife. 
 
 89 "Where any person having title to any estate of inheritance 
 real, personal or mixed, shall die intestate as to such estate, and 
 shall leave a surviving husband or wife, the estate of such intes- 
 tate shall descend and pass as follows: 
 
 91 1. If the deceased have a child or children, or their descend- 
 ants, the surviving husband or wife shall take one-third of the 
 personal estate, and the balance of such personal estate shall go 
 to the child or children of the deceased and their descendants. 
 The surviving husband or wife shall also be entitled to an estate 
 for life, in one-third of the land of the intestate, with remainder 
 to the child or children of the intestate and their descendants." 
 
 2. If the deceased have no child or children, or their descend- 
 ants, then the surviving husband or wife shall be entitled to all
 
 /^' 
 
 LAWS OF TEXAS 29 
 
 the personal estate, and to one-half of the lands of the intestate 
 without remainder to any person, and the other half shall pass 
 and be inherited according- to the rules of descent and distribu- 
 tion; provided however, that if the deceased have neither sur- 
 viving father nor mother, nor surviving brothers and sisters, or 
 their descendants, then the surviving husband of wife shall be en- 
 titled to the whole of the estate of such intestate." (41a). 
 Conveyance of the separate lands of wife how made: 
 "The husband and wife shall join in the conveyance of real 
 estate the separate property of the wife; and no such conveyance 
 shall take effect until the same shall have been acknowledged by 
 her privily and apart from her husband before some officer au- 
 thorized by law to take acknowledgments to deeds for the pur- 
 pose of being recorded and certified to in the mode pointed out in 
 Articles 6802 and 6805. (See Art. 4621.") (41ae)., 
 
 Charter must be subscribed and acknowledged: 
 
 93 "The Charter of an intended corporation must be subscribed 
 by three or more persons, two of whom at least must be citizens 
 of this state, and must be acknowledged by them before an officer 
 duly authorized to take acknowledgement of deeds; provided that 
 all charters for the purposes named in clauses two and three of 
 article 1121 of this chapter and title may be subscribed by mar- 
 ried women, who may also be stockholders, officers and directors 
 thereof; and their acts, contracts and deeds shall be as binding 
 and effective for all the purposes of said corporation as if they 
 were males; and the joinder and consent of their husbands and 
 privy examination separate and apart from them shall not be 
 required." (41af). 
 
 Clauses two and three of article 1121 referred to in above ar- 
 ticle reads: 
 
 94 "2. The support of any benevolent, charitable, educational 
 or missionary undertaking." 
 
 "3. The support of any literary and scientific undertaking; 
 the maintenance of a library or promotion of painting, music or 
 other fine arts. 
 
 Who are minors in females: 
 
 "Male persons under twenty-one years of age, and females 
 under twenty-one years of age who have never been married, are 
 minors." (41ag). 
 
 Guardianship of person of unsound mind: 
 
 95 "In the case of a person of unsound mind, or an habitual 
 drunkard, the nearest of kin to such person, who is not disquali- 
 fied, shall be entitled to the guardianship; and, where two or 
 more are equally entitled, the guardianship shall be given to one 
 or the other, according to circumstances, taking into consideration 
 the interest of the ward alone. If such ward have a husband or 
 wife who is not disqualified, such husband or wife shall be en- 
 titled to the guardianship in preference to any other person." 
 (41aa). 
 
 Bond as married woman as guardian. 
 
 96 "Where a married woman may be appointed guardian, she 
 may, jointly with her husband, or without her husband, if he be 
 absent from his state or refuse to join in the bond with her, exe- 
 cute such bond as guardian as the law requires, and acknowledge 
 the same before any officer authorized by law to take acknowl-
 
 30 LAWS OF TEXAS 
 
 edgements of married women to written instruments; and such 
 bond shall bind her estate in the same manner as if she were un- 
 married, but shall not bind her husband as surety unless he sign 
 and be approved as such." (41ab) 
 
 Bond executed by minor mother valid: 
 
 97 "A bond executed by the father or mother of a minor as guar- 
 dian of such minor, when such father or mother is under twenty- 
 one years of age, shall be as valid as if he or she were of full 
 age." (41ac). 
 
 Persons of unsound mind or habitual drunkards wife may be 
 guardian: 
 
 98 "If the person committed to guardianship is married, the hus- 
 band or wife of such person, as the case may be, shall be entitled 
 first in order to the guardianship." (41ad). 
 
 When guardianship shall be settled: 
 
 99 "When the ward dies, or, if a minor arrives at the age of 
 twenty-one years, or, if a female, marries, or if a person of un- 
 sound mind or habitual drunkard, is restored and discharged from 
 guardianship, the guardianship shall be immediately settled and 
 closed and the guardian discharged, as provided in the following- 
 articles of this chapter." (41ah). 
 
 Husband and wife may be jointly appointed as guardian: 
 
 100 "Only one guardian can be appointed of the person or estate; 
 but one person may be appointed guardian of the person, and an- 
 other of the estate, whenever the court shall be satisfied that it 
 will be for the advantage of the ward to do so. Nothing in this 
 article shall be held to prohibit the joint appointment of husband 
 and wife." (41ai). 
 
 Marriage contract when valid: 
 
 101 "No covenant or agreement made in consideration of marriage 
 shall be good against a purchaser for a valuable consideration, or 
 any creditor not having notice thereof, unless such covenant or 
 agreement shall be duly acknowledged or proven and recorded in 
 manner and form as provided by law for deeds and other convey- 
 ances." (41aj). 
 
 Recorder shall record marriage contracts, etc.: 
 
 101 "Each recorder shall also record in books to be provided for 
 that purpose all marriage contracts and powers of attorney, and 
 all official bonds required to be recorded in his office, and all 
 other instruments of writing authorized or required to be record- 
 ed in his office, which shall be proved or acknowledged according 
 to law, and delivered to him for record." (41ak). 
 
 Marriage contract to be recorded: 
 
 102 "When the wife by a marriage contract may reserve to herself 
 any property or rights to property, whether such rights shall be 
 in esse or expectancy, for such reservation to be valid as to sub- 
 sequent purchasers or creditors of her husband, the said contract 
 must be acknowledged by her husband or proved at least by one 
 witness, and recorded in the clerk's office of the county court of 
 the county in which said married parties may reside." (41al). 
 
 Property of married women to be registered: 
 
 103 "All property, real and personal, which may be owned or 
 claimed at tlie time of marriage by any woman, or which she may 
 acquire after marriage by gift, devise or descent, shall be regis- 
 tered as herein directed." (41am).
 
 LAWS OF TEXAS 31 
 
 104 "Upon the dissolution of the marriage relation by death, all 
 property belong-ing to the community estate of the husband and 
 wife shall go to the survivor if there be no child or children of the 
 deceased or their descendants; but if there be a child or children 
 of the deceased, or descendants of such child or children, then 
 the survivor shall be entitled to one-half of said property, and the 
 other half shall pass to such child or children, or their descend- 
 ants." (42a). 
 
 Illeg-itimate children and issue of void marriaj^es: 
 
 105 "Where a man, having- by a woman a child or children, shall 
 afterward intermarry with such woman, such child or children, 
 if recognized by him, shall thereby be legitimated and made ca- 
 pable of inheriting- his estate. The issue also of marriages deem- 
 ed null in law shall nevertheless be legitimate." (43a). 
 
 Bastards inherit from mother: 
 
 106 "Bastards shall be capable of inheriting from and through 
 their mother, and of transmitting estates, and shall also be enti- 
 tled to distributive shares of the personal estates of any of their 
 kindred on the part of their mother, in like manner as if they 
 had been lawfully begotten of such mother." (44a). 
 
 Who are disqualified from being executors: 
 
 107 "Letters testamentary or of administration shall not be grant- 
 ed to any person who is under twenty-one years of age, or of un- 
 sound mind; provided, however, that such letters may be granted 
 to a surviving husband or wife who may be under twenty-one 
 years of age." (4.5a). 
 
 Order in which letters shall be granted: 
 
 108 "Letters testamentary or of administration shall be granted 
 to persons who are qualified to act, in the following oi-der: 
 
 1. To the person named as executor in the will of the de- 
 ceased. 
 
 2. To the surviving husband or wife, and etc. 
 Certain persons entitled to letters may waive right: 
 
 109 "The surviving husband or wife, or, if there be no such sur- 
 vivor, the heirs, or any one of the heirs, of the deceased, to the 
 exclusion of any person not equally entitled, may, in open court, 
 or by power of attorney, duly authenticated and filed with the 
 Clerk of the county court of the county having jurisdiction of the 
 estate, renounce his right to the administration in favor of some 
 other qualified person, and thereupon the court may grant letters 
 to such other person." (46a). 
 
 Bond of married women: 
 
 110 "When a married woman may be appointed executrix or ad- 
 ministratrix, she may, jointly with her husband or without heri 
 husband, if he be absent from the state, or insane, or refuses to \ 
 join with her, execute such bond as the law requires and acknowl- ' 
 edge the same before the county judge, county clerk or any notary 
 public of the county where the will was proved or letters were 
 granted; and such bond shall bind her separate estate in the same 
 manner as if she were unmarried, but shall not bind her husband 
 as surety unless he sign and be approved as such." (47a). 
 
 Bond of husband or wife who is a minor: 
 
 111 "When a surviving husband or wife under twenty-one years of 
 age shall wish to accept and qualify as executor or executrix, or 
 administrator or administratrix, he or she may execute such bonds
 
 32 LAWS OF TEXAS 
 
 as the law requires and acknowledge the same before the county 
 judge, county clerk or any notary public of the county in which 
 the will was proved or letters or administration were granted, 
 and such bonds shall be as valid as if he or she were of lawful 
 age." {48a). 
 
 Allowance to widow and minor children to be made when: 
 
 112 "At the first regular term of the court after the original grant 
 of letters testamentary or of administration or at any subsequent 
 term therafter, within twelve months after the grant of such origi- 
 nal letters, it shall be the duty of the court to fix the amount of 
 an allowance for the support of the widow and minor children 
 of the deceased." (49a). 
 
 Amount of allowance. 
 
 113 "Such allowance shall be of an amount sufficient for the main- 
 tenance of such widow and minor children for the term of one 
 year from the time of the death of the testator or intestate, and 
 such allowance to be fixed with regard to the facts existing dur- 
 ing the first year after the death of such testator or intestate; 
 provided, that in no case shall such allowance exceed one thousand 
 dollars." (50a). 
 
 Allowance shall not be made when: 
 
 114 "No such allowance shall be made for the widow when she 
 has separate property adequate to her maintenance; nor shall 
 such allowance be made for the minor children when they have 
 property in their own right adequate to their maintenance." 
 (51a). 
 
 To whom allowance shall be paid: 
 
 115 "The executor or administrator shall pay such allowance: 
 
 1. To the widow, if there be one, for the use of herself and 
 the minor children, if such children be hers. 
 
 2. If the widow is not the mother of such minor children, or 
 or some of them, the portion of such allowance necessary for the 
 support of such minor child or children of which she is not the 
 mother, shall be paid to the guardian or guardians of such minor 
 child or children. 
 
 3. If there be no widow, the allowance to the minor child or 
 children shall be paid to the guardian or guardians of such minor 
 child or children." (52a). 
 
 Widow or guardian may take property for allowance: 
 
 116 "The widow, or the guardian of the minor children, as the case 
 may be, shall have the right to take in payment of such allowance 
 or any part thereof, any of the personal property of the estate 
 at its appraised value as shown by the appraisement returns." 
 (53a). 
 
 Sale shall be ordered to pay allowance when: 
 
 117 "If there be no personal effects of the deceased that the widow 
 or guardian is willing to take for such allowance, or not suffi- 
 ciency of them, and if there be no funds in the hands of such ex- 
 ecutor or administrator to pay such allowance, or any part there- 
 of, then it shall be the duty of the county judge, so soon as the 
 inventory and appraisement and list of claims are returned and 
 approved, to order a sale of so much of the estate for cash as will 
 be sufficient to raise the amount of such allowance, or a part 
 thereof, as the case may require." (54a).
 
 LAWS OF TEXAS 33 
 
 Allowance to be paid in preference to what debt: 
 
 118 "The allowance made for the support of the widow and minor 
 children of the deceased shall be paid in preference to all other 
 debt§ or charges against the estate, except the funeral expenses 
 and expenses of last sickness of deceased, which claims shall be 
 first paid, if presented within the time prescribed by law entit- 
 ling them to such preference." (55a). 
 
 Allowance apportioned how: 
 
 119 "The allowance provided for in this chapter shall be paid as 
 follows : 
 
 1. If there be both widow and minor child or children, the 
 widow shall be entitled to one-half and the minor child or children 
 to the other half. 
 
 2. If there be a widow and no minor child or children, the wid- 
 ow shall receive the whole. 
 
 3. If there be a minor child or children and no widow, such 
 minor child or children shall receive the whole." 56a). 
 
 Court to set aside exempt property to widow, etc.: 
 
 120 "At the first term of the court after an inventory, appraise- 
 ment and list of claims have been returned, it shall be the duty 
 of the court by an order entered upon the minutes, to set apart 
 for the use and benefit of the widow and minor children and un- 
 married daughters remaining with the family of the deceased, 
 all such property of the estate as may be exempt from execution 
 or forced sale by the constitution and laws of the state, with the 
 exception of any exemption of one year's supply of provisions." 
 (57a). 
 
 Allowance in lieu of exempt articles to widow: 
 
 121 "In case there should not be among the effects of the deceas- 
 ed all or any of the specific articles so exempted it shall be the 
 duty of the court to make a reasonable allowance in lieu thereof, 
 to be paid such widow and children, or such of them as there may 
 be as hereinafter directed." (58a). 
 
 Such allowance not to exceed what amount: 
 
 122 "The allowance in lieu of a homestead shall in no case exceed 
 five thousand dollars, and the allowance for other exempted prop- 
 erty shall in no case exceed five hundred dollars, exclusive of the 
 allowance provided in preceding chapter." (59a). 
 
 To whom the exempt property shall be delivered: 
 
 123 "The exempted property set apart to the widow and children 
 shall be delivered by the executor or administrator without delay 
 as. follows: 
 
 1. If there be a widow and no children, or if the children be 
 the children of the widow, the whole of such property shall be de- 
 livered to the widow. 
 
 2. If there be children and no widow, such property shall be 
 delivered to such children if they be of la'w^ful age, or to their 
 guardian if they be minors, or the same may be equally divided 
 among them, except the homestead. 
 
 3. If there be children of the deceased of whom the widow is 
 not the mother, the share of such children in such exempted prop- 
 erty, except the homestead, shall be delivered to such children 
 if they be of lawful age or to their guardian if they be minors, 
 or may be equally divided between them. 
 
 4. In all cases, the homestead shall be delivered to the widow,
 
 34 LAWS OF TEXAS 
 
 if there be one, and if there be no widow, to the guardian of the 
 minor children and unmarried daughters, if any, living with the 
 family." (60a). 
 
 Allowance shall be paid how: ^ i, n 
 
 124 "The allowances made in lieu of the exempted property shall 
 be paid either in monev out of the funds of the estate that may 
 come to the hands of the executor or administrator, or in any 
 property of the deceased that such widow or children if they be 
 of lawful age, or their guardian if they be minors, may choose 
 to take at the appraisement, or a part thereof, or both, as they 
 may select." (61a). 
 
 To whom allowance shall be paid: _ _ 
 
 125 "Such allowance shall be paid by the executor or administra- 
 tor in the following manner: 
 
 1. If there be a widow and no children, the whole to be paid 
 
 to such widow. , , ^ , -j ^ 
 
 2. If there be children and no widow, the whole to be paid to 
 such children if they be of lawful age, or to their guardian if they 
 be minors, or to be equally divided among them. 
 
 3. If there be both widow and children, the whole to be paid 
 to such widow if she be the mother of such children, but, if she be 
 not the mother of such children, one-half to be paid to such widow 
 and the other half to such children if they be of lawful age, or to 
 their guardian if thev be minors, or to be equally divided among 
 them." (62a). 
 
 Sale to raise allowance when: 
 
 126 "If there be no property of the deceased that such widow or 
 children are willing to take for such allowance or not a suffi- 
 ciency, and there be no funds, or not sufficient funds of the estate 
 in the hands of such executor or administrator to pay such allow- 
 ance, or any part thereof, it shall be the duty of the county judge, 
 on the aoplication in writing of such widow and children to order 
 a sale of so much of the estate for cash as will be sufficient to 
 raise the amount of such allowance, or a part thereof, as the case 
 may require." (63a) 
 
 Property on which certain acknowledged liens exist not to be 
 
 set aside: 
 
 127 "No property upon which liens have been given by the hus- 
 band and wife, acknowledged in a manner legally binding upon 
 the wife to secure creditors or upon which a vendors lien exists, 
 shall be set aside to the widow or children as exempted property 
 or appropriated to make up the allowance made in lieu of ex- 
 empted property, until the debts secured by such liens are first 
 discharged." (64a). 
 
 When estate proves to be solvent: 
 
 128 "If upon a final settlement of such estate, it shall appear 
 that the same is solvent, the exempted property, except the home- 
 stead which has been set apart to the widow or children or both, 
 together with any allowance that has been received by them in lieu 
 thereof, shall be subject to partition and distribution among the 
 heirs and distributees of such estate in like manner as the other 
 property of the estate" (65a). 
 
 When estate proves to be insolvent: 
 
 129 "Should the estate, upon final settlement, prove to be insolv- 
 ent the title of the widow and children to all the property and al-
 
 LAWS OF TEXAS 35 
 
 lowances set apart or paid to them, under the provisions of this 
 and of the preceding chapter, shall be absolute, and shall not be 
 taken for any of the debts of the estate, except as hereinafter 
 provided." (66a). 
 
 Exempt property not to be considered in ascertaining- solvency; 
 
 130 "In ascertaining whether an estate is solvent or insolvent 
 the exempt property set apart to the widow^ or children, or the 
 allov^^ance in lieu thereof, and the allowance provided for in the 
 preceding chapter shall not be estimated or considered as assets 
 of the estate." (67a). 
 
 When homestead shall not be partitioned: 
 
 131 "The homestead shall not be partitioned among the heirs of 
 I the deceased during the life time of the widow, or so long as she 
 
 j / may elect to use or occupy the same as a homestead, or so long 
 1/ as the guardian of the minor children of the deceased may be 
 Y permitted under the order of the proper court having jurisdiction 
 to use and occupy the same." (68a). 
 
 When homestead may be partitioned: 
 
 132 "When the widow dies or sells her interest in the homestead 
 or elects to no longer use or occupy the same as a homestead, and 
 when the proper court no longer permits the guardian of the mi- 
 nor children to use and occupy the same as a homestead, it may 
 be partitioned among the respective owners thereof in like man- 
 ner as other property in common." (69a). 
 
 No distinction between community separate homestead: 
 
 133 "The homestead rights of the widow and children of deceased 
 are the same whether the homestead be the separate property of 
 the deceased or community property between the widow and the 
 deceased, and the respective interests of such widow and children 
 shall be the same in one case as in the other." (70a). 
 
 Homestead not liable for debts except: 
 
 134 "The homestead shall not be liable for the payment of any of 
 the debts of the estate, except for the purchase money thereof, 
 the taxes due thereon or for work and material used in construct- 
 ing improvements thereon; and in this last case only when the 
 work and material are contracted for in writing, with the consent 
 of the wife, given in the same manner as required in making a 
 sale and conveyance of the homestead." (71a). 
 
 Other exempt property liable for what debts: 
 
 135 "The exempted property, other than the homestead, or any 
 allowance made in lieu thereof, shall be liable for the payment of 
 the funeral expenses and the expenses of last sickness of deceas- 
 ed, when presented within the time prescribed therefor; but such 
 property shall not be liable for any other debts of the estate." 
 (72a). 
 
 Homestead rights of surviving husband: 
 
 136 "On the death of the wife, leaving a husband surviving, the 
 homestead shall descend and vest in like manner as other real 
 property of the deceased, and shall be governed by the same laws 
 of descent and distribution, but it shall not be partitioned among 
 the heirs of the deceased during the lifetime of such surviving 
 husband, or so long as he may elect to use or occupy the same 
 as a homestead." (73a).
 
 36 LAWS OF TEXAS 
 
 Surviving husband or wife may have partition of the commu- 
 nity property: 
 
 137 "When any husband or wife shall die leaving any common 
 property, the survivor may, at any time after letters testamen- 
 tary or of administration have been garnted, and an inventory, 
 appraisement and list of the claims of the estate have been re- 
 turned, make application in writing to the court which granted 
 such letters for a partition of such community property, which 
 application shall be acted upon at some regular term of the court." 
 (74a). 
 
 Action of court and bond in such case: 
 
 138 "If, upon the hearing of such application, there appear to be 
 any such common property, and such surviving husband or wife 
 shall execute and deliver to the county judge an obligation with 
 two or more good and sufficient sureties, payable to and approved 
 by the said county judge, for an amount equal to the value of his 
 or her interest in such common property, conditioned for the pay- 
 ment of one-half of all debts existing against such common prop- 
 erty, then the county judge shall proceed to make a partition of 
 said common property into two equal moieties, one to be delivered 
 to the survivor, and the other to the executor or administrator 
 of the deceased; and all the provisions of this chapter respecting 
 the partition and distribution of estates shall apply to any parti- 
 tion made under the provisions of this article, so far as the same 
 may be applicable." (75a) 
 
 Husband and wife not disqualified except: 
 
 139 "The husband or wife of a party to a suit or proceeding or 
 who is interested in the issue to be tried, shall not be incompetent 
 to testify therein, except as to confidential communications be- 
 tween such husband and wife." (76a). 
 
 Conveyance of homestead how made. Consent of wife: 
 
 140 "The homestead of the family shall not be sold and conveyed 
 by the owner if a married man, without the consent of the wife. 
 Such consent shall be evidenced by the wife joining in the con- 
 veyance, and signing her name thereto, and by her separate ac- 
 knowledgment thereof taken and certified to before the proper 
 officer, and in the mode pointed out in articles 6802 and 6805" 
 (77a). 
 
 May present and prove schedule for record: 
 
 141 "Each woman now married, or who may be hereafter married, 
 may present to any officer authorized by law to take acknowl- 
 edgments or proof of instruments for record, a schedule par- 
 ticularly describing all the property, real and personal, which 
 she now owns and possesses, or which she may own and possess 
 at the time of her marriage, and make her statement under oath 
 before such officer that the property described in the schedule 
 is her separate property; and upon such statement being made 
 such officer shall annex to the schedule a certificate of the fact 
 under his hand and seal of office; which certificate shall be suf- 
 ficient evidence for the recorder of any county to record the 
 same." (78a). 
 
 Property acquired after marriage: 
 
 142 "Each married woman upon coming into possession of any 
 property, real or personal, to which she had claim at the time of 
 her marriage, or which she may afterward acquire by gift, devise
 
 LAWS OF TEXAS 37 
 
 or descent, shall have the same recorded in the same manner 
 as prescribed in the foregoing article." (79a). 
 
 In what county registration must be made: 
 
 143 "The registration of the wife's separate property herein pi-o- 
 vided for, if real estate, shall be made in the county or counties 
 in which the same, or a part thereof is situated; if personal prop- 
 erty, in the county or counties where the same remains; and in 
 case such personal property be removed out of the county, the 
 registration must also be made in the county to which the prop- 
 erty is removed within four months after such removal." (80a>. 
 
 Conclusiveness to subsequent creditors: 
 
 144 "The registration of any schedule of a wife's separate prop- 
 erty, made in accordance with the provisions of this chapter, 
 shall, be conclusive as against all subsequent creditors of and 
 purchasers from her husband." (81a). 
 
 Redemption from municipal tax sale: 
 
 "If the real estate of an infant, feme covert, or lunatic be 
 sold under this title, (Title 22 relating to Cities and Towns) the 
 same may be redeemed at any time within one year after such 
 disability be removed." (82a). 
 
 Trust Companies may be created with power to execute trusts 
 for married women with reference to separate estate. 
 
 145 "Corporations may be created under articles 380 and 381 
 (Title 14 Chap. 2) for the purpose of establishing a bank of de- 
 posit or discount, or both of deposit and discount, with the pow- 
 ers set out in article 376, and any one or more of the following 
 purposes: 
 
 5. To accept trusts from, and execute trusts for, nianied 
 women, in respect to their separate property, and to be their 
 agent in the management of such property, or to transact any bus- 
 iness in relation thereto." (83a). 
 
 Deposit in State Savings Bank by female thereafter married: 
 
 146 "Whenever any deposit shall be made with any savings bank 
 by or in the name of any person being a minor or a female, being 
 or thereafter becoming a married woman, the same shall be held 
 for the exclusive right and benefit of such depositor, and free 
 from the control or lien of all persons whomsoever, except cred- 
 itors, and shall be paid, together with the interest thereon, upon 
 production of, and proper entry in, the pass book at the time of 
 such payment, and in accordance with the by-laws of the cor- 
 poration, to the person in whose name the deposit shall have been 
 made, and the receipt or acquittance of such minor or female 
 shall be a valid and sufficient release and discharge for such de- 
 posit, or any part thereof to the corporation." (84a). 
 
 Property of wife, how rendered for taxation: 
 
 147 "All property shall be listed or rendered in the manner fol- 
 lowing: 
 
 4. Wife — The property of a wife, by her husband, if of sound 
 mind; if not by herself." (85a). 
 
 Female may make will: 
 
 "Every person aged twenty-one years or upward, or who may 
 be or may have been lawfully married, being of sound mind, shall 
 have power to make a last will and testament, under the rules 
 and limitations prescribed by law." (86a).
 
 3g LAWS OF TEXAS 
 
 Power of wife under, over husband's separate estate: 
 
 149 "The husband or wife may, by last will and testament, give 
 the survivor of the marriage the power to keep his or her sepa- 
 rate property together, until each of the several heirs shall be- 
 come of lawful age, and to manage and control the same under 
 the provisions of law relating" to community property, and such 
 other restrictions as may be imposed by such will; provided, the 
 surviving husband or wife is the father or mother, as the case 
 
 \ may be, of the minor heirs; provided, further, that any child or 
 ' heir entitled to any part of said property shall, at any time upon 
 
 becoming of ag'e, be entitled to receive his distributive portion of 
 
 said estate." (87a). 
 
 Wife's action for wrongful death, of other: 
 
 150 "The action shall be for the sole and exclusive benefit of the 
 surviving husband, wife, children and parents of the person whose 
 death shall have been caused (by acts denounced by Art. 4694) 
 and the amount recovered therein shall not be liable for the debts 
 of the deceased." (88a). 
 
 151 (Art. 2977 provides that booths shall be safeguarded by guard 
 rails in all elections, and that the same shall have three sides 
 closed and the front side open; Art 3019 prohibits loitering or 
 electioneering within 100 feet of the booths when the polls are 
 open, special constables are provided for to enforce this law). 
 
 Man must vote at place where his wife resides if living with 
 her. (Was this in honor of the wife?) 
 
 152 "Art. 2941 relating to elections, provide that electors, must 
 vote at their place of "residence." The residence is defined thus: 
 
 "The "residence" of a single man is where he usually sleeps 
 at night; that of a married man is where his wife resides, or if 
 he is permanently separated from his wife, his residence is where 
 he sleeps at night and, etc. 
 
 Qualifications for voting; who qualified. 
 
 153 "Every male person subject to none of the foregoing disquali- 
 cations who shall have attained the age of twenty-one years, and 
 who shall be a citizen of the United States, and who shall have 
 resided in this state one year next preceding an election, and the 
 last six months within the district or county in which he offers 
 to vote, 
 
 Shall be deemed a qualified elector; and every male person of 
 foreign birth, subject to none of the foregoing disqualifications, 
 who has, not less than six months before an election in which he 
 offers to vote declared his intention to become a citizen of the 
 United States, in accordance with the federal naturalization laws, 
 and shall have resided in this state one year next preceding such 
 election and the last six months in the county in which he offers 
 to vote, shall also be deemed a qualified voter." (89a). 
 
 And all electors shall vote in the voting and, etc. 
 
 Who not qualified, electors. 
 
 154 "The following classes of persons shall not be allowed to vote 
 in this state: 
 
 1. Persons under twenty-one years of age. 
 
 2. Idiots and lunatics. 
 
 G. All paupers supported by the county. 
 
 4. All persons convicted of any felony, except those restored 
 to full citizenship and right of suffrage, or pardoned.
 
 LAWS OF TEXAS 39 
 
 5. All soldiers, marines, and seamen employed in the service 
 nf the army or navy of the United States." (90a). 
 
 Hours of labor for females. (Does not apply to the home?) 
 1^5 "No female shall be employed in any factory, mine, mill work- 
 shop, mechanical or mercantile establishment, laundry, hotel, res- 
 taurant or rooming: house, theatre or movinje: picture show, barber 
 shop, teleg'raph, telephone or other office, express or transporta- 
 tion company, or any State institution, or any other establish- 
 ment, institution or enterprise where females are employed, ex- 
 cept as hereinafter provided, for more than nine hours in any cal- 
 endar day, nor more than fifty-four hours in any one calendar 
 week; provided, however, that in case of extraordinary emer;2:en- 
 cies such as great public calamities, or where it becomes neces- 
 sary for the protection of human life or property, longer hours 
 may be worked, but for such time not less than double time shall 
 be paid such female with the consent of the said female; 
 
 Provided, this act shall not apply to stenographers and phar- 
 macists. 
 
 156 Sec. la. "No female shall be employed in any laundry for 
 more than fifty -four hours in one calendar week; the hours of 
 such employment to be so arranged as to permit the employment 
 of such female at any time so that she shall not work more than a 
 maximum of eleven hours during the twenty-four hours period of 
 one day; 
 
 Provided that if a female is employed for more than nine hours 
 in any one day she shall receive pay at rate of double her regular 
 pay for such time as she is employed for more than nine hours per 
 day." 
 
 157 Sec. lb. "No female shall be employed in any factory engag- 
 ed in the manufacture of cotton, woolen or worsted goods or arti- 
 cles of merchandise manufactured out of cotton goods for more 
 than ten hours in any one calendar day, nor for more than sixty 
 hours in any one calendar week." "Provided that if such female 
 is employed for more than nine hours in any one day she shall re- 
 ceive pay at the rate of double her regular pay for such time as 
 she may be employed for more than nine hours per day:" 
 
 158 Sec. 2. "Every employer owning or operating any factory, 
 mine, mill, workship, mechanical or mercantile establishment, 
 laundry, hotel, restaurant or rooming house, theatre or moving 
 picture show, barber shop, telegraph or telephone or other office, 
 express or transportation company, the superintendent of any 
 state institution or enterprise where females are employed, as pro- 
 vided by Section 1, la and lb, shall provide and furnish suitable 
 seats, to be used by such employes when not engaged in the ac- 
 tive duties of their employment, and shall give notice to all such 
 female employes by posting in a conspicuous place, on the prem- 
 ises of such employment in letters not less than one inch in 
 height, that all such female employes will be permitted to use 
 such seats when not so engaged." 
 
 159 Sec. .3. "Any employer, overseer, superintendent, foreman, oi- 
 other agent of any such employer who shall permit any female 
 to work in any of the places mentioned in Section 1, la and lb 
 more than the number of hours provided for in this Act during 
 any day of the twenty-four hours, or who shall fail, neglect or re- 
 fuse to so arrange the work of females employed in the said 
 places mentioned in Sections 1, la and lb so that they shall not
 
 40 LAWS OF TEXAS 
 
 work more than the number of hours provided for in Sections 1, 
 la and lb of this Act, during any day of twenty-four hours or the 
 number of hours prescribed by this Act in any one week, or who- 
 shall fail, neglect or refuse to provide suitable seats as provided 
 in Section 2 of this Act shall be deemed guilty of a misdemeanor,, 
 and upon conviction in any court of competent jurisdiction shall 
 be fined in any sum not less than fifty ($50.00) dollars nor more 
 than two hundred ($200.00) dollars and each day of such viola- 
 tion and each such female employe required or permitted to work 
 more than the time provided in the various sections of this Act 
 shall constitute a separate offense." 
 
 "Provided, that the provisions of the law shall not apply to 
 telegraph and telephone companies in rural districts and in cities- 
 or towns of less than 3000 inhabitants, as shown by the last Fed- 
 eral census." 
 
 "Provided, that the provisions of this Act shall not apply to- 
 mercantile establishments in rural districts and in cities and 
 towns and villages of less than 3000 inhabitants." 
 
 160 Sec. 4. "If any section or provision of this Act is for any rea- 
 son held unconstitutional it shall not affect nor impair nor render 
 invalid the rest of this Act, and changing other sections to con- 
 form thereto." 
 
 Sec. 5. "All laws or parts of laws in conflict herewith, and 
 especially Senate Bill No. 30 entitled "An Act limiting the hours- 
 of labor for females, etc., of the Acts of the Thirty-third Legisla- 
 ture, approved April 16, 1913," are hereby repealed. 
 
 161 Sec. 6. "The fact that the law now regulating the hours of la- 
 bor for females is insufficient, and that thousands of women and 
 girls in the State are being worked longer hours, to the great det- 
 riment of their physical, mental and moral welfare, constitutes 
 and creates an emergency and an imperative public necessity that 
 the constitutional rule requiring bills to be read on three several 
 days be, and the same is, hereby suspended, and that this Act 
 take effect and be in force from and after its passage, and it is- 
 so enacted." (Takes effect June 20, 1915). (91a). 
 
 Corporation may be formed for the protection of females: 
 
 162 "The purpose for which private corporations may be formed 
 are: 
 
 44. "The protection of women and children and the preven- 
 tion of cruelty to animals." (92a). 
 
 Female convicts in penitentiary: 
 
 163 "All female prisoners shall be kept separate and apart from 
 the male prisoners. Where practicable, the prison commission 
 shall keep the female prisoners upon a separate farm, or at a 
 separate prison., from the male prisoners, and shall provide rea- 
 sonable rules and regulations for the government of the same."" 
 (93a). 
 
 Labor for female state convicts: 
 
 164 "The prison commission shall provide such labor for said fe- 
 male prisoners as in their judgment they can reasonably per- 
 form, but the prison physician for such female prisoners shall at 
 any time have the authority to say whether or not the physical 
 condition of said female prisoners is such that they can perform 
 any physical labor; provided, that in the absence of the physician
 
 LAWS OF TEXAS 41 
 
 the matron shall pass upon the physical condition of said female 
 prisoners." (94a). 
 
 Whites and Negroes kept separate: 
 
 165 "The prison commission shall keep the white female prison- 
 ers separate and apart from the Nejii'o female prisoners, and shall 
 select and place over said female prisoners a matron or matrons 
 whose duty it shall be to jjive her personal attention to the wel- 
 fare of such female prisoners. The matron or matrons so em- 
 ployed to look after the welfare of the female prisoners shall re- 
 side at the place where female prisoners are kept." (95a). 
 
 Only married men empolyed as guards: 
 
 166 "At the place where female prisoners are kept, none but mar- 
 ried men shall be employed as guards; and the houses for such 
 guards and their families shall be provided by the state, in which 
 the families of the guards shall live. And said guards shall be 
 allowed ten dollars per month in addition to his salary in lieu of 
 his board, said houses not to be situated further than one hundred 
 vards fron the main prison building where such female prisoners 
 are kept." (96a). 
 
 Children of female prisoners: 
 
 167 "If a female prisoner be received with an infant, or if any 
 child be born in the penitentiary, the child shall be permitted to 
 remain with its mother until three to six years of age in the dis- 
 cretion of and as prescribed by the prison commission." (97a). 
 
 County female convicts: 
 
 168 "Female convicts shall under all circumstances be kept sepa- 
 rate and apart from male convicts; and they shall in no case be 
 required to do manual labor, except in the work house or when 
 hired out as is hereinafter provided." (99a). 
 
 Dependent or delinquent girls may be committed by Juvenile 
 court, and etc.: 
 
 169 "Whenever any girl between the ages of seven and eighteen 
 years shall be brought before any juvenile court upon petition of 
 any person in this state or the humane society or any institution 
 of a similar purpose or character, charged with being a depend- 
 ent or delinquent child as these terms are defined in the statutes 
 of this state, the court may, if in the opinion of the judge, the 
 girls training school is the proper place for her. commit such girl 
 to said girls training school during her minority; provided, that 
 no girl shall be committed to the girls training school who is fee- 
 ble minded, epileptic or insane, and that any girl committed to 
 said girls training school who is afflicted with a venereal, tuber- 
 cular or other communicable disease, shall be assigned to a dis- 
 tinct and separate building of the institution and shall not be al- 
 lowed to associate with the other wards until cured of said dis- 
 ease or diseases. 
 
 "No girl shall be admitted to the institution until she has been 
 examined by the training school physician, and such physician is- 
 suing a certificate showing her exact state or condition in refer- 
 ence to said qualifications hereinbefore enumerated." (99a). 
 
 Conveyance to school an etc.: 
 
 170 "It shall be the duty of the court committing any girl to the 
 girls training school, in addition to the commitment, to annex a 
 carefully prepared transcript of the trial to aid the officials of 
 the institution in better understanding and classifying the girl.
 
 42 LAWS OF TEXAS 
 
 The court shall also designate some reputable woman to convey 
 the girl to the institution. The cost of conveying- any girl com- 
 mitted to the institution shall be paid by the county from which 
 she is committed, provided that no compensation shall be allowed 
 beyond the actual and necessary expenses of the party conveying 
 and the girl conveyed." (lb). 
 
 Delinquent child defined: 
 
 171 "For the purposes of this chapter (Title 38 Chap. 2) the words 
 "delinquent child" shall include any child under sixteen years of 
 age who violates any of the laws of this state, or any city ordi- 
 nance, or who is incorrigible, or who knownigly associates with 
 thieves, vicious or immoral persons, or who knowingly visits a 
 house of ill repute, or who knowingly patronizes or visits any 
 place where any gambling device is, or shall be operated, or who 
 patronizes any saloon or place where any intoxicating liquors are 
 sold, or who wanders about the streets at night time without be- 
 ing on any business or occupation, or who habitually wanders 
 about any railroad yards or tracks, or who habitually jumps on or 
 off of any moving train, or enters any car or engine without law- 
 ful authority, or who habitually uses vile, obscene, vulgar, pro- 
 fane or indecent language, or who is guilty of immoral conduct in 
 any public place. 
 
 "Any child committing any of the acts herein mentioned shall 
 be deemed a "delinquent child," and shall be proceeded against as 
 such in the manner hereinafter provided. 
 
 "A disposition of any child under this chapter or any evidence 
 given in such case shall not in, any civil, criminal or other cause 
 or proceeding whatever in any court, be lawful or proper evidence 
 against such child for any purpose whatever, except in subsequent 
 cases against the same child under this chapter." (2b). 
 
 Girls Training school to be established: 
 
 172 "That there be established and maintained at some place in 
 the State of Texas, to be selected by persons in authority, where 
 suitable farm lands may be secured, a school upon the cottage 
 plan for the education and training of the dependent and delin- 
 quent girls of the state, to be known as the girls training school." 
 (3b). 
 
 Purpose of school, duties of board; hospital: 
 
 173 "It shall be the purpose of this home and school to provide an 
 institution of trainin"- for girls who, by their own misconduct or 
 by their unfavorable surroundings, have become dependent or de- 
 linquent and need the care and attention not heretofore provided, 
 and in the accomplishment of the purposes of this Act, the board 
 of control shall provide wholesome and proper quarters, and ex- 
 ercise and diversion, and shall make provision for ti-aining in all 
 of the useful arts and sciences to which women are adapted, to 
 prepare them for future womanhood and independence. A proper 
 hospital is to be provided, and instructions given therein in nurs- 
 ing, sanitation and hygiene." (4b). 
 
 School shall be under control of board and etc.: 
 
 174 "The girls training school shall be under the control and man- 
 agement of the state board of control for the eleemosynary insti- 
 tutions of this state. Should there be no such board, then the 
 school shall be under the management of a board of control com- 
 posed of five persons, one of whom shall be the superintendent
 
 LAWS OF TEXAS 43 
 
 of public instruction of the state of Texas; another shall be the 
 ranking professor of domestic economy in the Collep:e of Indus- 
 trial Arts; the remaining: three to be appointed by the g:overnor, 
 at least one of whom shall be a woman. 
 
 "One of three members to be selected by the governor shall 
 be appointed for a term to end January 1, 1915, one other for a 
 term to end January 1, 1917, and the third for a term to end Jan- 
 uary 1, 1919. At the expiration of each term a successor shall be 
 appointed by the g'overnor then in office for a term of six years. 
 The said board is hereby empowered to select a site for the loca- 
 tion of said school, to purchase the same and to build and equip 
 such modern building's on the cottage plan, as the appropriation 
 herein provided for will permit." (5b). 
 
 Superintendent and salary and etc.: 
 
 175 "The board of control shall employ as superintendent of this 
 school a woman of previous experience and training in a similar 
 or like institution, who shall have power to appoint and discharge 
 all subordinate officials and teachers for the school which it may 
 be necessary to employ. The board of control shall fix the salary 
 of the superintendent and all employes. The said board shall 
 also have authority to remove the superintendent on account of 
 inefficiency, incompentency, inattention to the duties of a super- 
 intendent, misconduct or malfeasance in office and the decision of 
 said board as to such inefficiency, incompetency, inattention to the 
 duties of a superintendent, misconduct or malfeasance shall be 
 final." (Art. 5234f). 
 
 Dismissal or parole of inmates: 
 
 176 "No girl shall be dismissed or paroled until some suitable home 
 has been found for her and only upon the written recommendation 
 of the superintendent to the board of control, or she has become 
 married with the consent of the authority of such institution and 
 the superintendent, provided, that the provision of this Act shall 
 not be construed to interfere with the governor of the state in 
 exercising executive clemency when in his judgment it may seem 
 best. Any girl who is paroled from the institution shall be under 
 the supervision and guidance of the superintendent, who shall 
 require that she shall write bi-weekly to the snoerintpndent or 
 matron of the school for the first six months, and monthly letters 
 thereafter: that the person under whose care or employ the girl 
 is placed shall write monthly letters to the superintendent or ma- 
 tron of the school for the first six months and semi-annually 
 thereaftei-. 
 
 177 "The board of control, sunerintendent or some other employe 
 of said training school mav visit the place where the girl is living 
 or is employed, and it shall be the dutv of the person having the 
 girl in custody to answer all questions asked bv said visiting com- 
 mittee concernins:' the conduct, employment or treatment of said 
 girl. If in the iudgment of the board, it should be to the best in- 
 terests of the girl that she be returned to the school, the board 
 is hereby emnowered to have her returned." (6b). 
 
 Rules and regulations: 
 
 178 "The superintendent, with the approval of the board of con- 
 trol shall make all necessary rules and regulations for the gov- 
 ernment of the training school, and shall provide that the time of 
 the pupils is properly distributed between the school of letters 
 and the industrial and domestic pursuits, according to the needs
 
 44 LAWS OF TEXAS 
 
 of pupils and the facilities at hand. Provision shall be made for 
 giving diplomas or certificates of proficiency for graduates from 
 the nurses training school and any industrial school that may be 
 established by the directors." (7b). 
 Expenses of members of board, etc.: 
 
 179 "If, at the time this bill becomes effective, there shall be no 
 board of control and it becomes necessary for the board herein 
 authorized to be created, to act, they shall be paid such amounts 
 as will be necessary to cover the actual expenses incurred in the 
 discharge of the duties as members of such board." (Art. 5234h). 
 
 Appropriations not accessible until subscriptions from cities: 
 
 180 "There is hereby appropriated out of the general revenue of 
 the State of Texas, not otherwise appropriated, the sum of twen- 
 ty-five thousand dollars ($25,00.00) for the purchase of land for 
 a site and for the erection of buildings herein provided for, pro- 
 vided, however, that such appropriation shall not be accessible 
 until a like sum of $25,000.00 shall liave been subscribed and paid 
 to said board of control, by private subscription or gifts from 
 counties and cities, and for the purpose of securing such funds 
 of $25,000.00 and such other funds as they may be able to se- 
 cure by private subscription or gifts from counties and cities of 
 this state, there is hereby created the following comrnittee, com- 
 posed of five members to work in conjunction with said board of 
 control; President Humane Society of Texas, President Federated 
 Clubs of Texas, President Mothers Council and Parent-Teachers' 
 Association, and two other persons to be selected by the gov- 
 ernor. 
 
 181 "This committee in conjunction with the board of control of 
 said school are hereby empowered to adopt such plans as they 
 deem wise and expedient to be used in the securing of such funds. 
 
 "Authority is hereby granted unto the several cities and coun- 
 ties of this state to donate from their general funds such amounts 
 as the proper authorities deem wise to be used in the establish- 
 ment of the said school." (8b). 
 
 Texas Indusrial Institute and College for Girls: 
 
 182 "The Industrial Institute and College located at Denton in 
 Denton County, Texas, for the education of white girls in the arts 
 and sciences, shall be known as the Texas Industrial Institute and 
 College for the education of white girls of the State of Texas in 
 the arts and sciences." (9a). 
 
 Board of regents how appointed: 
 
 183 "The governor shall nominate and appoint by and with the 
 consent of the senate, seven persons to serve as a board of re- 
 gents for said college, who shall serve as such for two years, and 
 until their successors are appointed and qualified. In all cases 
 of vacancy the appointment to fill such vacancy and the reap- 
 pointment to fill the position shall, from time to time, be made 
 by the governor as hereinbefore provided, but, if the Legislature 
 be not in session, the governor may fill such vacancy by appoint- 
 ment until the next session of the Legislature, when if the senate 
 shall not confirm the appointment, the appointment of some other 
 person shall be made as hereinbefore provided." (10b). 
 
 Board to elect president; meeting; etc.: 
 
 184 "The board of regents shall have the power incident to their 
 position and in the same and to the same extent, so far as may
 
 LAWS OF TEXAS 45 
 
 be applicable, as is conferred by law on the repjents, of the Uni- 
 versity of Texas. Said board of rep:ents shall elect a president, 
 a secretary and a treasurer, whose terms of office shall be two 
 years. The president so selected shall convene the board of re- 
 gents of said industrial institute and collejEre to consider any busi- 
 ness connected with the same, whenever he shall deem it expedient 
 to do so; it shall be the duty of the secretary to record in a well 
 bound book all of the proceedings had by said board, and he shall 
 be paid such salary as the board may prescribe; it shall be the 
 duty of the treasurer to receive and disburse all moneys under the 
 direction of the board. He shall be required to give bond in such 
 sum as may be prescribed by the board." (lib). 
 
 What may be taught in the institute: 
 
 185 "The board of regents shall possess all the powers necessary 
 to accomplish and carry out the provisions of this chapter, the es- 
 tablishment and maintenance of a first class industrial institute 
 and college for the education of white girls in this state in the 
 arts and sciences, at which such girls may require a literary edu- 
 cation, together with a knowledge of kindergarten instruction; 
 also a knowledge of telegraphy and photography; also a knowl- 
 edge of drawing, painting, designing and engraving, in their in- 
 dustrial application; also a knowledge of general needle-work, in- 
 cluding dressmaking; also a knowledge of book keeping; also a 
 thorough knowledge of scientific and practical cooking, including 
 a chemical study of food; also a knowledge of practical house- 
 keeping; also a knowledge of trained nursing, caring for the sick; 
 also a knowledge of the care and culture of children; with such 
 other practical industries as, from time to time, may be suggested 
 by experience, or tend to promote the general object of said in- 
 stitute and college, to-wit: Fitting and preparing such girls for 
 the practical industries of the age." (12b). 
 
 General duties of regents. 
 
 186 "The board of regents herein mentioned shall appoint a pres- 
 ident and professor of the said industrial institute and college and 
 such other officers as they may think proper to continue the same 
 in successful operations, and to make such rules and regulations 
 for the government of said officers as they may deem advisable. 
 They shall regulate rates of tuition, together with course of disci- 
 pline necessary to enforce the faithful discharge of the duties of 
 all officers, professors and students. They shall divide the course 
 of instruction into departments, so as to secure a thorough educa- 
 tion and the best possible instruction in all of said industrial stu- 
 dies selecting careful and efficient professors in each department, 
 and shall adopt all such rules, by-laws and regulations as they 
 may deem necessary to carry out all the purposes and objects of 
 said institution." (13b). 
 
 Compensation of regents: 
 
 187 "The board of regents shall receive such compensation as is 
 now allowed to the board of regents for the University of Texas, 
 to be paid out of the appropriations for this industrial institute 
 and college." (14b). 
 
 Numbers of students apportioned to counties: 
 
 188 "The board of regents shall apportion to each county its quota 
 of pupils or students, on the basis of the number of the educata- 
 ble white girls in the state and several counties; and the several
 
 46 LAWS OF TEXAS 
 
 superintendents of education of the several counties shall after 
 giving notice in some newspaper of the county, and three weeks 
 after such publication, under such regulations as the board of re- 
 gents may adopt, appoint such number of white girls to such in- 
 dustrial institute and college as such county may be entitled to." 
 (15b) 
 
 Board of regents to fix salary: 
 
 189 "The board of regents shall determine and fix the salary of 
 each officer, employe and professor, in said industrial institute 
 and college; provided, that the salaries of professors, in any one 
 department shall not exceed that which is now fixed for the pro- 
 fessors of the agricultural and mechanical college." (16b). 
 
 Elementary agriculture to be taught: 
 
 "The board of regents shall require the teaching of elementary 
 agriculture for teachers, in the summer sessions of the college as 
 provided in chapter 10 of this title. (Title 48)." (17b). 
 
 Teachers diplomas conferred: 
 
 190 "The college shall also confer teachers diplomas in such cases 
 and under such circumstances and conditions as are prescribed in 
 chapter 14 of this title (Title 48). (Art. 2690a)." 
 
 Rights of widows to Mexican and Confederate war pensions as well 
 as all laws of a criminal nature strictly, are purposely omitted, as 
 not being in the scope of the woi-k undertaken. 
 
 Respectfully, 
 
 CHARLES CARTER, 
 
 Marshall, Texas. 
 February, 1916.
 
 AUTHORITIES 47 
 
 AUTHORITIES FOR LAWS 
 
 References to Revised Civil Statutes Texas 1911. 
 References to Acts Lejjislature Texas. 
 
 G5 
 
 U. S. Cons 
 
 t. Amd. 
 
 Art. 
 
 14, 
 
 8a 
 
 Art. 4636. 
 
 
 Sec. 1, p. 
 
 xiii-xiv 
 
 R. C. 
 
 S. 
 
 9a 
 
 Art. 4637. 
 
 
 1911. 
 
 
 
 
 10a 
 
 Art. 4638. 
 
 (K) 
 
 U. S. Cons 
 
 t. Amd. 
 
 Art. 
 
 15, 
 
 11a 
 
 Art. 4639. 
 
 
 Sec. 1, p. 
 
 xiii-xiv 
 
 R. C. 
 
 S. 
 
 12a 
 
 Art. 4640. 
 
 
 1911. 
 
 
 
 
 13a 
 
 Art. 4641. 
 
 ()7 
 
 U. S. Const. Amd, 
 
 , Art. 
 
 15 
 
 14a 
 
 Art. 4802. 
 
 
 Sec. 2 p. : 
 
 xiii-xiv 
 
 R. C. 
 
 S. 
 
 15a 
 
 Art 5708. 
 
 
 1911. 
 
 
 
 
 16a 
 
 Art. 5684. 
 
 68 
 
 Art. 4608. 
 
 
 
 
 17a 
 
 Art. 1839. 
 
 69 
 
 Art. 4609. 
 
 
 
 
 18a 
 
 Art. 1840. 
 
 70 
 
 Art. 4610. 
 
 
 
 
 19a 
 
 Art. 1841. 
 
 71 
 
 Art. 4612. 
 
 
 
 
 20a 
 
 Art. 1830 1 
 
 72 
 
 Art. 4612. 
 
 
 
 
 21a 
 
 Art. 1288. 
 
 73 
 
 Art. 4613. 
 
 
 
 
 22a 
 
 Art. 733 
 
 74 
 
 Art. 4614. 
 
 
 
 
 23a 
 
 Art. 3609. 
 
 75 
 
 Art. 4615. 
 
 
 
 
 24a 
 
 Art, 3592. 
 
 76 
 
 Art. 4616. 
 
 
 
 
 25a 
 
 Art. 3593. 
 
 77 
 
 Art. 4617. 
 
 
 
 
 26a 
 
 Art. 3594. 
 
 78 
 
 Art. 4618. 
 
 
 
 
 27a 
 
 Art. 3595. 
 
 79 
 
 Art. 4619. 
 
 
 
 
 28a 
 
 Art. 3596. 
 
 80 
 
 Art. 4620. 
 
 
 
 
 29a 
 
 Art. 3597. 
 
 81 
 
 Art. 4621. 
 
 (Amd. 
 
 1913) 
 
 , 
 
 31a 
 
 Art. 3598. 
 
 82 
 
 Art. 4622. 
 
 ( Amd. 
 
 1913). 
 
 
 32a 
 
 Art. 3599. 
 
 8.3 
 
 Sec. 1, Act 
 103. 
 
 34 Les- 
 
 . 1915, 
 
 P- 
 
 35a 
 34a 
 
 Art. 3600. 
 Art. 3601. 
 
 84 
 
 Art. 4623. 
 
 
 
 
 35a 
 
 Art. 3602. 
 
 85 
 
 Art. 4624. 
 
 (Amd. 
 
 1913). 
 
 
 36a 
 
 Art. 3603. 
 
 86 
 
 Art. 4625. 
 
 
 
 
 37a 
 
 Art. 3610. 
 
 87 
 
 Art. 4626. 
 
 
 
 
 38a 
 
 Art. 3611. 
 
 88 
 
 Art. 4627. 
 
 
 
 
 39a 
 
 Art. 3613. 
 
 89 
 
 Sec. 1, Act 
 
 Leff. 1913 p. 188. 
 
 40a 
 
 Art. 3614. 
 
 90 
 
 Sec. 2, Id. 
 
 
 
 
 41a 
 
 Art. 2462. 
 
 91 
 
 Sec. 3, Id. 
 
 
 
 
 41a 
 
 Art. 4076. 
 
 92 
 
 Sec. 4, Id. 
 
 
 
 
 41ab 
 
 Art. 4105. 
 
 93 
 
 Sec. 5, Id. 
 
 
 
 
 4 lac 
 
 .A.rt. 4106. 
 
 94 
 
 Sec. 6, Id. 
 
 
 
 
 4 lad 
 
 Art. 4247. 
 
 95 
 
 Art. 4628. 
 
 
 
 
 41ae 
 
 Art. 1114. 
 
 96 
 
 Art. 4629. 
 
 
 
 
 41af 
 
 Art. 1123. 
 
 97 
 
 Art. 4629-a 
 
 
 
 
 41 EK 
 
 Art. 4045. 
 
 98 
 
 Art. 4629-b 
 
 
 
 
 41ah 
 
 Art. 4267. 
 
 99 
 
 Art. 4629-c. 
 
 
 
 
 41ai 
 
 Art. 4082. 
 
 la 
 
 Art. 4629-d. 
 
 
 
 41ai 
 
 Art. 6829. 
 
 2a 
 
 Art. 4630. 
 
 
 
 
 41ak 
 
 Art. 6830. 
 
 3a 
 
 Art. 4631. 
 
 
 
 
 41al 
 
 Art. 6843. 
 
 4a 
 
 Art. 4632. 
 
 
 
 
 4 Ian 
 
 1 Art. 6844, 
 
 5a 
 
 Art. 4433. 
 
 
 
 
 42a 
 
 Art. 2469. 
 
 6a 
 
 Art. 4634. 
 
 
 
 
 43a 
 
 Art. 2472. 
 
 7 a 
 
 Art. 4635. 
 
 
 
 
 44a 
 
 Art. 2473. 
 
 (Sec. 1).
 
 48 AUTHORITIES 
 
 45a Art. 8277. 
 
 4(3a Art. 3283. 
 
 47a Art. 3314. 
 
 48a Art. 3315. 
 
 4ya Art. 3404. 
 
 50a Art. 4305. 
 
 51a Art. 4306. 
 
 52a Art. 3409. 
 
 53a Art. 4309. 
 
 54a Art. 4310. 91a Acts 34th Leg. page 105 
 
 55a Art. 3411. 
 
 56a Art. 3412. 
 
 57a Art. 3413. 
 
 58a Art. 3414. 
 
 59a Art. 3415. 
 
 60a Art. 3416. 
 
 61a Art. 3417. 
 
 62a Art. 3419. 
 
 63a Art. 3419. 
 
 64a Art. 3420. 
 
 65a Art. 3421. 
 
 66a Art. 3422. 
 
 67a Art. 3423. 
 
 68a Art. 3424. 
 
 69a Art. 3425. 
 
 70a Art. 3426. 
 
 71a Art. 3427. 
 
 72a Art. 3428. 
 
 73a Art. 3429. 
 
 74a Art. 3556. 
 
 75a Art. 3557. 
 
 76a Art. 3689. 
 
 77a Art. 1115. 
 
 78a Art. 6845. 
 
 79a Art. 6846. 
 
 80a Art. 6847. 
 
 81a Art. 6848. 
 
 82a 
 
 Art. 962. 
 
 83a 
 
 Ara. 385. 
 
 84a 
 
 Alt. 399. 
 
 85a 
 
 Art. 5509 (4). 
 
 86a 
 
 Art. 7855. 
 
 87a 
 
 Art. 7872. 
 
 88a 
 
 Art. 4698. 
 
 89a 
 
 Art. 2939. 
 
 90a 
 
 Art. 2938. 
 
 91a 
 
 Acts 34th Leg-, pa 
 
 
 chap. 56. 
 
 92a 
 
 Art. 1121 (Sub. 44). 
 
 93 a 
 
 Art. 6209. 
 
 94a 
 
 Art. 6210. 
 
 95a 
 
 Art. 6211. 
 
 96a 
 
 Alt. 6212. 
 
 97a 
 
 Art. 6213. 
 
 98a 
 
 Art. 6241. 
 
 99a 
 
 Art. 2201a. 
 
 lb 
 
 Alt. 2201b. 
 
 2b 
 
 Art. 2191. 
 
 3b 
 
 Art. 5234b. 
 
 4!) 
 
 Art. 5234c. 
 
 5b 
 
 Art. 5234d. 
 
 6b 
 
 Art. 5234f. 
 
 7b 
 
 Art. 5234g. 
 
 8b 
 
 Art. 5234i. 
 
 9b 
 
 Art. 2682. 
 
 lOh 
 
 Art. 2683. 
 
 lib 
 
 Art. 2684. 
 
 12b 
 
 Art. 2685. 
 
 131) 
 
 Art. 2686. 
 
 14b 
 
 Art. 2687. 
 
 15b 
 
 Art. 2688. 
 
 16h 
 
 Art. 2689. 
 
 17b 
 
 Art. 2690.
 
 INDEX 49 
 
 PREFACE TO INDEX. 
 
 Lecture from I'aj^e 1 to l*aj>e 1-^. 
 
 Statute Laws from Marginal Figure 1 to 190. 
 
 References to IVIarjjinal Figures. 
 
 INDEX 
 
 A Age of Mai-riage — (5 
 
 Alimony and Support — 38-()0. 
 
 Acknowledgment of — 63. 
 
 Appeal by — 71 
 
 Administration not required when — 74 
 
 Application for Community Admr — 76-77-78. 
 
 Allowance to Widow— 112-113-114-115-116-117-118-119-120-121 
 
 122-123-124-125-126-127-128-129-130-131. 
 Arts and Sciences ;Industrial School for — 182-190. 
 
 B Bonds, Interest on — 25. 
 Bonds, Sale of— 24. 
 Bank Deposits — 29. 
 Bond of Survivor — 79. 
 Bond as Guaidian— 92-93. 
 Bastard; Inherit — 106. 
 Bond as Executrix — 110-111. 
 
 C Constitution, Federal, Rights Undei' — 1-2. 
 Congress; Rights to Enforce — 4. 
 Community Property Defined — 27. 
 Control of Wife's Property— 28. 
 Community Pi'operty Liable for Debts, When — 36. 
 Custody of Children — 61. 
 Costs of Divorce — 62. 
 
 Charter of Coi'poration, Subscribed by — 97-98. 
 Contract of Marriage, Valid — 101. 
 Convicts, Female— 163-164-165-166-167-168. 
 
 D Debts of Husband; Wife's Separate Property not subject to — 25. 
 Dividends on Stocks — 25. 
 Deposits— 29-146. 
 
 Debts of Wife's— Property Subject to— 32. 
 Debts, Execution for — 34. 
 Desertion by Husband — 37-42. 
 Divorce — 51-52-53-54-55-57-62. 
 Director— 70-97. 
 Descent and Distribution — 104. 
 Debts, Pi-opeitv Liable for, Community — 134-135. 
 Delinquent Giils— 168-169-170-171 -172-173-174-1 75-176- 177- 17s 
 179-180-181-182-184-186. 
 
 E Earnings of Wife not subject to Husbands' Debt — 25. 
 Emancipation of Females by Mai'riage — 45. 
 Executors Letters— 107-108-109. 
 Elections, Booths Guarded — 151. 
 
 F Federal Constitution, Rights Under— 1-2. 
 
 G Guardian by— 87-88-92-93-94-95. 
 Guardian, joint — 100.
 
 50 INDEX 
 
 H Homestead, to Partition— 131-132-138-184. 
 Homestead, Rights of Survivor — 136. 
 Homestead, Sale of— 140-24-25-26. 
 Husband's Vote— 152. 
 
 I Interest from Notes and Bonds not Subject to Husband's Debts, 25. 
 Injuries of Wife — 30. 
 
 Intestate with Wife Surviving-— 89-90-91. 
 Illegitimate Children — 105-106. 
 Industrial School— Arts. 182-190. 
 
 L Limitation Against — 64-65. 
 
 Labor of Restricted, in Hours — 155-161. 
 
 M Marriage, Celebrated by — 5. 
 
 " Who not permitted to marry — 6. 
 
 " License issued by — 7. 
 
 " Not to issue when — 8. 
 
 " Consent of County Judge when — 9. 
 
 " Return of a record — 10. 
 
 Prohibited— 11. 
 
 Bond, Validated— 12-13. 
 " Issue Legitimatized — 13. 
 " Slave Marriages — 14. 
 " Contracts of and for — 15. 
 " Acknowledgment of — 16. 
 
 Alteration of— 17. 
 " Reservation in of Wife — 18. 
 
 Separate Property of Wife— 19-20-21. 
 Marriage, Evidence of — 39. 
 Minors — 99. 
 
 P Personal Injuries of Wife^ — 30. 
 Presumptions on Property — 31. 
 Partition of Community Pioperty — 137-138. 
 Power of Wife— 149. 
 
 R Rents from Wifes' Land not Subject to Husband's Debt — 25. 
 Re-Marriage of Wife, Effect— 86. 
 Recording Marriage Contracts — 101-102. 
 Registration of Property, Married Women — 103. 
 Redemption of Property, Tax Sale — 1477. 
 
 S Slaves, Marriage — 14. 
 
 Separate Property of Wife— 19-21. 
 
 Sale of Her Land or Property— 23-24. 
 
 Not Subject to Husband's Debts— 25. 
 
 Stock, Dividends of — 25. 
 
 Stock. Sale of— 24. 
 
 Surety Debts of Wife— 33. 
 
 Support, Husband Failing in — 35-38. 
 
 Suits for Wife's Separate Estate— 66-67-68-69. 
 
 Surviving Wife, Control of Community— 72-73-80-81-82-83-85. 
 
 Stockholders in Corporation — 97. 
 
 Schedule of Separate Property— 141-142-143-144. 
 
 Savings Bank Deposits — 146. 
 
 Schools, Delinquent for Girls— 168-190.
 
 INDEX 51 
 
 T Trading- Purposes— 47-48-50. 
 Tax Sale Redemption — 144. 
 Trust Companies, for Benefit of — 145. 
 Tax Lieu, Rendition of Propeity — 147. 
 
 V Vote, Rights of— 1-2-3-153-154. 
 Venue— 69. 
 
 W Wilful Refusal to Provide, by Husband— .'37. 
 Waiver of Rig-hts to Administer — 109. 
 Witness— 139. 
 Will of 148. 
 Wrongful Death, Action by Wife— 150.
 
 
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