Popular Law-making: A study of the origin, history, and present tendencies of law-making by statuteStimson, Frederic Jesup
History
Popular Law-making: A study of the origin, history, and present tendencies of law-making by statute
Stimson, Frederic Jesup
Legislation -- United States
The laws aimed at mere sin increase in number. One State makes
improper relations, even by mutual consent, punishable with four years
in the state-prison, if the girl be under eighteen. North Dakota
introduces a bill to require medical examination in all cases as a
prerequisite to marriage; it failed in North Dakota that year, but was
promptly introduced in other States. In Oregon all widows and fathers
may vote, without regard to property qualification, in school district
elections; and this State joins the number of those which forbid the
marriage of first cousins.
In 1901 came the great New York statute abolishing the common-law
marriage, which we have discussed above. Some States pass laws
punishing wife-beating by either imprisonment or a whipping. In 1902
perhaps the most interesting thing is that there is no legislation
whatever of any kind on the subject of women's suffrage--showing
distinctly the refluent wave. In 1903 New Hampshire rejects a
constitutional amendment for women's suffrage. Kansas restricts the
marriage of epileptic and weak-minded persons. Several States reform
their divorce laws, and Pennsylvania adopts Southern ideas giving
divorce for a previous unchastity discovered after marriage. This
matter has so far been covered by no Northern State, though it had
been law from all time in Virginia.
In 1904 women's suffrage was proposed in Oregon, and in 1905 rejected.
Illinois follows New York in abolishing the common-law marriage, and
raises the age to eighteen in a woman and twenty-one in a man. As is
often the case, it does not appear from the ambiguous wording of the
statute whether this invalidates the marriage or merely subjects the
offenders, or the minister or the magistrate, to a penalty; probably
the latter. Minnesota forbids the marriage of imbecile or epileptic
persons; Nebraska that of first cousins, and Pennsylvania adopts the
uniform divorce law recommended by the commissioners. Five other
States reform their divorce laws, and four their laws concerning
married women's property, and seventeen adopt new laws for compulsory
support of the woman and children by the husband.
In 1906 one more State adopts the idea of giving a vote to female
property-owners in money elections. One puts the age of consent up
to sixteen. In a good many States it is already eighteen. Women's
suffrage is again rejected in Oregon; and finally even South Dakota
reforms her divorce laws.
Public-domain text, read in full here on John Shaqi.
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