Volume IV Part 128 (1/2)
The wages of the wife belong to the husband as part of the community property, whether she is living with him or separate from him.
Divorce is granted to the husband if the wife commit a single act of adultery; to the wife, only if the husband has abandoned her and lived in adultery with another. The law places the division of the property entirely in the hands of the judge, but provides that ”nothing herein contained shall be construed to compel either party to divest himself or herself of real estate.” Supreme Court decisions have laid down the general rule that separate property shall be restored to its owner.
Where there are no children the community property may be divided as in case of death. The court, however, may make such provision as it deems essential for the support of wife or children or an invalid husband. If necessary it may place separate or community property in the hands of trustees, the rents and profits to be applied to the maintenance and education of the children or the support of the wife.
The judge a.s.signs the children for their best interests. In general practice the mother, unless disqualified morally, retains the custody of female children of any age and of males to the age of eight, when they are usually given to the father. There is no absolute rule, and in case of children or property an appeal may be taken to a higher court.
The father is the natural guardian of the persons and education of the minor children, and is ent.i.tled to be appointed guardian of their estates.
The law of support, revised in 1895, provides that ”if the husband fail to support the wife or children from the proceeds of the land _she_ may have or fail to educate the children as the fortune of the _wife_ would justify, she may in either case complain to the County Court, which upon satisfactory proof shall decree that so much of _her_ proceeds shall be paid to the wife for the support of herself and the education of the children as the court may deem necessary.”[439]
SUFFRAGE: Women possess no form of suffrage.
OFFICE HOLDING: Most of the public offices have some women on their clerical force, that of the comptroller having seven. They are paid the same as men for the same work.
Women were postmasters of both Senate and House in the Legislature of 1900, and acted as clerks of committees.
They can serve as notaries public.
OCCUPATIONS: No profession or occupation is legally forbidden to women. They practice law and medicine, are managers of many kinds of business and proprietors of hotels, and two have been presidents of banks.
Mrs. Henrietta King is widely known as ”the Cattle Queen of the World.” Her ranch covers a million acres, and the net proceeds of her sales of horses and cattle are estimated at $500,000 a year. A number of women own and manage ranches.
EDUCATION: Most of the leading inst.i.tutions of learning are open to both s.e.xes. Among these are the State University, Baylor University (Baptist), Southwestern University (Methodist South), Fort Worth Polytechnic (Methodist Episcopal), Trinity University (c.u.mberland Presbyterian) and Wiley University (colored). Austin College and the State Agricultural and Mechanical College are restricted to male students.
The State Industrial College for Girls (white) was established by the Legislature of 1900, with an appropriation of $60,000. All of the industries will be taught, from domestic science to draughting. The W.
C. T. U. and others had been pet.i.tioning for this ten years.[440]
The Prairie View State Normal School for colored youth of both s.e.xes has had an Industrial Department from its beginning years ago. A movement is now on foot to establish such a department as a portion of the public school system. Austin already has one, made possible by legacy, and its fine results have greatly inspired the law-makers.
One woman has served as superintendent of schools at Waco, and there are many women princ.i.p.als of High Schools.
There are in the public schools 7,347 men and 7,672 women teachers.
The average monthly salary of the men is $49.20; of the women, $35.50.
Practically all of the progressive steps enumerated above have been taken since 1883. When it is remembered that less than twenty years ago women were virtually ostracized if they attempted any kind of occupation outside the home, even teaching being looked upon askance, the changes seem almost miraculous.
Texas has 130 Woman's Clubs with a members.h.i.+p of about 3,500. With other good works they have distributed great quant.i.ties of reading matter among isolated families. They also have established forty public libraries and four traveling libraries.
FOOTNOTES:
[437] The History is indebted for this chapter to Mrs. Helen M.
Stoddard of Fort Worth, president of the State Woman's Christian Temperance Union.
[438] Under the direction of Dr. Dabbs a Congress of Women was held in connection with the State Fair, and a Texas Woman's Council was formed, not committed to suffrage but progressive in its views.
[439] The lawyer who was consulted as to the accuracy of these statements said, after a careful examination: ”There are so many other laws bearing upon each of these that all this is necessarily imperfect, but there is enough else, that is likewise true, to fill a book.”
[440] In 1901 Mrs. Helen M. Stoddard was appointed by Gov. Joseph D.