The full text on this page is automatically extracted from the file linked above and may contain errors and inconsistencies.
The Legal Status of Women in the United States of America REPORT FOR OREGON as of January 1, 1957 i Women’s Bureau Bulletin 157-36 (Revised) UNITED STATES DEPARTMENT OF LABOR James P. Mitchell, Secretary "WOMEN’S BUREAU Mrs. Alice K. Leopold, Director The report for Oregon was prepared by Laura H. Dale with the assistance of Laura H. Harris, under the general direction of Alice A. Morrison of the Division of Women’s Labor Law and Civil and Political Status of the Women’s Bureau, U. S. Depart ment of Labor. UNITED STATES GOVERNMENT PRINTING OFFICE WASHINGTON : 1958 For sale by the Superintendent of Documents, U. S. Government Printing Office Washington 25, D. ( Price 10 cents Contents Introduction Civil rights Contracts and property 1. Age of majority 2. Contractual powers of a minor 3. Property exemptions from seizure for debt______________________ A. Respective rights of man and woman______________________ B. Homesteads 4. Ownership and control of property owned at marriage__________ 5. Contractual powers of a married woman________________________ 6. Earnings of a married woman 7. Liability for family support 8. Right of a married woman to engage in a separate business_____ 9. Rights of a married woman with respect to separate property___ 10. Property acquired by joint efforts of husband and wife__________ 11. Damages for injury to person, property, or character____________ 12. Damages for injury by spouse to person or property_____________ 13. Competency of husband or wife to testify for or against each other. 14. Right to dispose of separate property by will___________________ 15. Inheritance rights in deceased spouse’s estate___________________ 16. Provision for survivorsduring administration of estate___________ 17. Right of husband or wife to disinherit the other by will_________ Marriage and divorce 18. Age of consent to marriage 11 19. Common-law marriage 11 20. Premarital requirements 11 21. Interstate cooperation in marriage-law enforcement_____________ 22. Annulment 12 23. Divorce 12 Parents and children 13 24. Parents’ right to services and earnings of aminorchild__________ 25. Guardianship of a minor child 14 26. Appointment of testamentary guardian fora minor child_________ 27. Inheritance—child 14 28. Child born out of wedlock 15 29. Inheritance—child born out of wedlock 16 Political rights 16 30. Domicile of a married woman 31. Public office—eligibility of women 16 32. Jury service—eligibility of women m Page 1 3 3 3 3 3 3 4 5 3 g 6 6 6 7 7 7 7 8 8 q 10' H II 13 14 16 16 The Legal Status of Women in the United States of America Introduction Any conclusion bearing on woman’s status under the laws of the United States of America must take into account the common law, on which the fabric of the Nation’s jurisprudence is woven. The common-law rules of property sprang from various causes, notably tradition, military or economic exigency, and “natural male dominance.” Economic and social advances in the position of women in the United States have brought about marked changes in the laws governing property and family rights and political status. In general, it has been the rule that where specific statutes abrogat ing common-law principles have not been enacted, the common law applies. In the century just past, many of the old common-law in justices to women have been removed by statute. The material considered centers largely around the woman in the marriage relation, since the legal status of the unmarried woman is practically identical with that of the unmarried man. The United States Summary of the Legal Status of Women in the United States of America, Bulletin 157, has been brought up to date as of January 1,1953. Information in the Summary is compiled from the reports for each of the 48 States and the District of Columbia. 1 Sources Constitution of Oregon Oregon Revised Statutes, 1955 Explanatory Note This pamphlet, Bulletin 157-36, presents a digest of the Con stitution and statutory provisions affecting the legal status of women in the State of Oregon. It includes pertinent statutory changes en acted in that State up to January 1,1957, and supersedes the previous report and addendum for Oregon. References to the code sections are indicated by parenthetical in sertions of section numbers, as “ (sec. 722.320).” Case citations definitely construing statutes or declaring judicial policy in the absence of express statutory provision are indicated by footnote references. Cases showing historical development of a statute or policy are followed by the abbreviation “hist.” Numbered subject headings are the same as those in the Summary. Cross references employ these numbers for brevity, as “See number 6,” which refers to the subject heading “Earnings of a married woman.” 2 OREGON CIVIL RIGHTS Contracts and Property 1. Age of majority Males and females attain majority at age 21 (sec. 109.510), or when they contract a legal marriage (sec. 109.520). 2. Contractual powers of a minor A minor is liable on his contracts for necessaries furnished him, if actually required and if supplied at a reasonable price (sec. 75.020). In general, at common law, the contracts and conveyances of a minor are voidable, and he may ratify or disaffirm them within a reasonable time after his majority. In the absence of an express statute, the common law is applied where it does not conflict with the State Constitution or special enactments of the legislature. (See Perry v. Fletcher (1919), 93 Oreg. 43, 53; 182 Pac. 143.) Minors may own and control bank deposits in their own names (sec. 708.505) and certain savings-and-loan-association stock, as pre scribed by statute (sec. 722.320). They are not qualified to act as executors or administrators (sec. 115.410). 3. Property exemptions from seizure for debt A. Respective Rights of Man and Woman The judgment debtor is entitled to select as exempt from levy for debt (except debts for purchase price, or, under certain circum stances, for materials or labor performed) : Books, pictures, and musical instruments owned by any person to the value of $75; neces sary wearing apparel up to $100 in value, owned by any person, and, if such person is a householder, for each member of his family to the value of $50; necessary equipment by which such person habitually earns his living, to the value of $400; poultry to the value of $50. A householder is entitled also to household goods, furniture, and utensils to the value of $300; family pew; 6 months’ supply of pro visions for the family; designated livestock, with limited food pro 3 4 THE LEGAL STATUS OF WOMEN vision for them; also limited fuel supply. All pensions granted to any person for a preceding period of employment or service are exempt, without necessity of claim by the pensioner for such exemp tion (sec. 23.160). The earnings of any debtor for personal services rendered within 30 days next preceding service of an attachment, garnishment, execu tion, or other process which—together with other earnings for per sonal services performed by the debtor within the same period— amount to the sum of $125 or less, are exempt if such earnings are necessary for the use of the family supported wholly or partly by the labor of such debtor; except that only 50 percent of such earnings may be held exempt if the debt incurred is for family expenses. No earnings of any debtor are exempt against a debt or demand incurred for property or money obtained by fraud or under false pretenses (sec. 23.180). B. Homesteads A homestead is exempt to the value of $5,000 when it is “the actual abode of and occupied by the owner, his or her spouse, parent or child.” Temporary removal or absence with the intention to re occupy the property as a homestead does not impair the exemption. If the property is sold, the exemption extends, for a period not ex ceeding 1 year, to $5,000 of the proceeds while held with the intention to purchase another homestead (sec. 23.240). A rural homestead may consist of any quantity of land not exceed ing 160 acres. If the homestead is in a town or city, its area may be any quantity of land not exceeding 1 block, provided the value is not more than $5,000 (sec. 23.250). The exemption does not apply against mechanics’ liens for work, labor, or material for improvement of property claimed as homestead, or to purchase-money liens and valid mortgages (sec. 23.260). Claim for homestead exemption may be made by the owner, his or her spouse, parent or child, agent or attorney, when the property has been levied upon (sec. 23.270). The widow may remain in the family homestead rent free for 1 year after her husband’s death (sec. 113.070). When any homestead is devised by the will of the owner thereof, the devisee takes the same, free of all judgments and claims against the testator of his homestead estate except mortgages executed thereon and laborers’ and mechanics’ liens. Such exemption shall not extend to any devisee other than a child or grandchild, widow or widower, or father or mother of the testator (sec. 116.595). OREGON 5 4. Ownership and control of property owned at marriage The property and pecuniary rights of every married woman at the time of her marriage are not subject to the debts or contracts of her husband (sec. 108.050). If either the husband or the wife obtains possession or control of property belonging to the other before mar riage, the owner of the property may maintain an action at law to recover such property (sec. 108.080). 5. Contractual powers of a married woman A married woman may manage, sell, convey, or devise property owned by her at the time of her marriage or acquired thereafter. She may exercise these rights over such property in the same manner and to the same extent that her husband may with respect to prop erty belonging to him (sec. 108.010). A conveyance, transfer, or lien executed by either husband or wife to or in favor of the other is valid. If a husband or wife conveys to the other an undivided one-half of any real property and retains an undivided one-half, this creates a tenancy by the entirety. Such tenancy may be dissolved by a conveyance of either the husband or wife to the other (sec. 108.090). Either husband or wife may appoint the other as attorney in fact to control, sell and convey, mortgage, or bar dower or curtesy in his or her property for their mutual benefit and may revoke such ap pointment at will (sec. 108.100). Parties to an intended marriage may enter into a prenuptial agree ment in writing concerning their respective personal-property hold ings and the final disposition thereof. If the marriage is consum mated, the prenuptial agreement is binding upon the parties, their heirs, legal representatives, and assigns (sec. 108.140). A married woman may bar her right of dower in any estate eonveyed by her husband by joining in the deed of conveyance with, or by execut ing a deed separately from, her husband (sec. 118.410). Dower may also be barred by jointure settled on her before marriage, if such jointure consists of a freehold estate in land for the life of the wife, to take effect in possession or profit immediately on the death of the hus band (sec. 113.420). For all civil injuries committed by a married woman, damages may be recovered from her alone, and her husband cannot be held liable except in cases where he would be jointly responsible with her if they were not married (sec. 108.030). No female may be arrested in any action, except for an injury to person, character, or property (sec. 29.520 (2)). 449728—58------ 2 6 THE LEGAL STATUS OF WOMEN 6. Earnings of a married woman The real or personal property which a woman acquires during mar riage by her own labor is her separate property and is not liable for her husband’s debts, contracts, or liabilities (sec. 108.050). 7. Liability for family support The expenses of the family and the education of the children are chargeable against the property of both husband and wife, or either of them. They may be sued for such expenses, either jointly or sepa rately. The wife’s liability ceases after 2 years from the maturity of the debt (sec. 108.040). This statute was intended for the protection of creditors of the husband and the wife and does not change the commonlaw duty of the husband to maintain his wife during the marriage and provide family necessaries.1 A wife may apply to the circuit court of the county in which she re sides to compel her husband to provide support for her and their minor children. The court has authority to grant such relief as the circum stances of the case require (sec. 108.110). After divorce the wi fe is not responsible for debts or family expenses contracted by the husband while they were living together. If she wrongfully and willfully separates from or abandons her husband, he is not responsible for her subsequent debts, except those for the main tenance, support, and education of their minor children (sec. 108.040). Any person who, without just or sufficient cause, deserts, abandons, or fails or neglects to support his wife or his or her minor female child under 18 or minor male child under 16, without providing necessary shelter, food, care, or clothing, is subject to line and/or imprisonment (sec. 167.605). 8. Right of a married woman to engage in a separate business No decree of court, formal consent of husband, or recorded inventory of separate property is required by statute from a married woman who engages in a separate business. 9. Rights of a married woman with respect to separate property The property and pecuniary rights of a married woman acquired after marriage are her separate property and not subject to the debts or contracts of her husband (sec. 108.050). If either the husband or the wife obtain possession or control of property belonging to the other, the owner may maintain an action for its recovery (sec. 108.080). 1 Taylor v. Taylor (1909), 54 Oreg. 560, 582, 583 ; 103 Pac. 524. OREGON 7 10. Properly acquired by joint efforts of husband and wife By rule of common law, property acquired by joint efforts of husband and wife is under the management and control of the husband. (See number 5 for estates by the entirety.) 11. Damages for injury to person, property, or character A married woman may sue for the alienation of her husband’s af fections, under the provisions of the statute removing her civil dis abilities.2 3 A married woman may sue for loss of consortium due to the injury or death of her husband through the willful or negligent act of a third person (sec. 108.010). The father or—in case of his death or desertion of the family—the mother may maintain an action for the seduction of a daughter, even though the daughter is not living with or in the service of the plaintiff at the time of or following the seduction and there is no loss of service (sec. 30.710). An unmarried female over 21 years of age may maintain an action for her seduction and recover damages assessed in her favor, but the prosecution of action to judgment by the father, mother, or guardian is a bar to an action by an unmarried female (sec. 30.720). 12. Damages for injury by spouse to person or property In the absence of a specific statute empowering husband and wife to sue each other for personal torts, neither spouse may maintain such an action against the other, by rule of common law. If either husband or wife obtain possession or control of property belonging to the other either before or after marriage, the owner of the property may maintain an action for its recovery or for any right accruing from it in the same manner and extent as if they were unmarried (sec. 108.080). 13. Competency of husband or wife to testify for or against each other In civil actions, generally, a husband may not be examined for or against his wife without her consent, nor a wife for or against her husband without his consent; nor can either—during the marriage or afterward—be examined without the consent of the other as to any communication made by one to the other during the marriage. But this restriction does not apply to a civil action between spouses, nor to a criminal action or proceeding for a crime committed by one against the other (sec. 44.040 (1) (a) ). 2 Keen v. Keen (1907), 49 Oreg. 362, 365; 90 Pac. 147; 10 L. R. A. (N. S.) 504. 3 Bird 1 Ellingsworth (1936), 156 Oreg. 103, 107; 59 Pac. (2d) 261; (1937), 65 Pac. (2d) 674. 8 THE LEGAL STATUS OF WOMEN1 If a party to the action, suit, or proceeding offers himself as a witness, he thereby consents to the examination also of a spouse on the same subject (sec. 44.040 (2) ). Laws attaching a privilege against the disclosure of communica tions between husband and wife are inapplicable to proceedings under the Uniform Reciprocal Enforcement of Support Act; in such proceedings husband and wife are competent witnesses and may be compelled to testify to any relevant matter, including marriage and parentage (sec. 110.251). In criminal actions, generally, when one spouse is the party accused, the other is a competent witness but may not be allowed or compelled to testify unless both spouses consent. But either spouse is a compe tent witness against the other in all cases of personal violence upon one by the other, or of any personal violence or other unlawful act committed against any minor child of either or both; and in all criminal actions for polygamy or adultery, the husband or wife of the accused is a competent witness and may testify as to the fact of marriage against and without the consent of the other (sec. 139.320). 14. Right to dispose of separate property by will Every person of sound mind who is 21 years of age or over or has attained majority by being legally married may, by will, devise and bequeath all of his or her estate—real and personal—except the dower of the widow if she is living or the curtesy of the widower if he survives (sec. 114.020). A will made by any person is deemed revoked by his or her subse quent marriage or divorce (sec. 114.130). (See number 17 for right to take against the will of a deceased spouse.) 15. Inheritance rights in deceased spouse’s estate Real properly A widow is entitled to dower—that is, the use during her life of one-half of all the land in which her husband had an estate of inheritance at any time during the marriage—unless she is barred from such right according to law (sec. 113.010). The dower right may be barred by a valid deed of conveyance (sec. 113.410), by assent before the marriage to a jointure in lieu of dower (secs. 113.420, 113.430), or by acceptance of a pecuniary provision in lieu of dower (sec. 113.440). A widower is entitled to curtesy—that is, the use during his life of one-half of all the lands in which his wife had an estate of OREGON 9 inheritance at any time during his marriage—unless he is lawfully barred from such right. Statutes applicable to dower are made to apply as far as practicable to curtesy also (sec. 113.020). A nonresident widow or widower has curtesy or dower only in the lands of which the deceased spouse was seized at the date of death (secs. 113.020,113.080). The dower or curtesy right of a spouse who has been adjudged of unsound mind or incapable of conducting personal affairs may be relinquished by judicial proceeding, as prescribed by statute, to enable the other spouse to make valid conveyance of his or her real property (secs. 113.610 through 113.690). When no lineal descendants of the decedent survive, the living spouse takes all the real property (sec. 111.020 (2) ). Personal property A widow is allowed all articles of her apparel and ornament, ac cording to the degree and estate of the intestate, and such property and provisions for the use and support of herself and minor children as shall be allowed and ordered in pursuance of sections 116.005 through 116.015 (see number 16) ; and this allowance shall be made when the widow waives the provision made for her in the will of her husband as well as when he dies intestate (sec. 111.030 (1) ). If the intestate leaves a surviving spouse and issue, the spouse is entitled to receive one-lialf of the personal property after payment of statutory allowances, debts, and charges. If there is no issue, the spouse is entitled to all the personal property (sec. 111.030 (4) ). The widow or widower is preferred as administrator of a deceased spouse’s estate (sec. 115.310). 16. Provision for survivors during administration of estate Until administration of the estate has been granted and the inven tory filed, the surviving spouse and the minor children of the decedent are entitled to remain in possession of the homestead, all the wearingapparel of the family, and decedent’s household furniture. The widow and minor children may have a reasonable provision for their support during this period, to be allowed by the court (sec. 116.005). When the inventory of the estate has been filed, the court will order all property which was exempt from execution to the decedent at the date of death to be set apart to the widow, widower, or minor children. This property then belongs to the widow or widower to be used or expended for the support of such spouse and minor children, if any (sec. 116.010). If the property set aside is insufficient for the support of the widow and minor children for 1 year according to their circumstances 10 THE LEGAL STATUS OF WOMEN and condition in life, the court may order an additional allowance, provided the estate is sufficient to satisfy all the debts of the deceased and administration expenses (sec. 116.015). If the inventory shows that the value of the estate above property exempt from execution does not exceed $150, the court will order the whole estate set apart for the widow or minor children of a decedent, after payment of funeral and administration expenses, thus closing the administration of the estate unless other property is discovered (sec. 116.020). All wages not exceeding $200 which have been earned by an em ployee within a period of 3 months prior to the date of his death shall, upon his death, become due and payable to his or her surviving spouse to the same extent as if the wages had been earned by such surviving spouse (sec. 652.190). The surviving spouse of a person who dies having a cash deposit not exceeding $1,000 in a bank or trust company may withdraw such de posit on affidavit, as prescribed by statute, without probate of the estate (sec. 708.520 (1)). On the death of any shareholder or investor, a savings and loan as sociation may pay to the surviving spouse up to $1,000, upon receipt of an affidavit from the surviving spouse that the shareholder or investor died intestate (sec. 722.375). A widow may remain in the dwelling house of her husband for 1 year after his death without being chargeable with rent for it, and is to have her reasonable sustenance out of the estate for 1 year (sec. 113.070). The proceeds or the cash surrender value of a policy of life insurance payable to a lawful beneficiary other than the insured are exempt to such beneficiary from the creditors and representatives of the person effecting the insurance, except that, in general, the amount of any premiums paid in fraud of creditors, with accrued interest, will be subject to such creditors’ claims out of the proceeds (sec. 739.405). 17. Right of husband or wife to disinherit the other by will If any land is devised to a wife or other provision is made for her in the will of her husband, she shall make an election whether she will take the land so devised or dower (sec. 113.030). The surviving spouse has an election whether to take under the will of his or her deceased spouse or to receive a one-fourth interest in all the personal property, in addition to dower or curtesy (sec. 113.050). OREGON 11 Marriage and Divorce 18. Age of consent to marriage Marriage is a civil contract which may be entered into by males of the age of 18 years and females of the age of 15 years who are other wise capable (sec. 106.010). Written consent of parent and guardian, if any, is required before a license to marry may be issued, when the female is under 18 or the male under 21 years of age. If either of the parties has no parent or guardian resident within this State, and the female has resided in the county where the application is made for the 6 months immediately preceding application for license, such consent may be waived (sec. 106.060). 19. Common-law marriage The common-law marriage is invalid in this State and is contrary to its public policy regarding the solemnization of marriages, as clearly expressed by mandatory statutes.4 5 Persons wishing to enter into marriage must obtain a license there for (sec. 106.041). 20. Premarital requirements Each applicant for a marriage license must file a written application with the clerk of the county where the license is sought (sec. 106.041). Before a marriage license may be issued, there must be filed with the clerk sworn certificates of a practicing physician duly authorized in the State showing that in his opinion each of the persons seeking marriage is free from contagious or infectious venereal diseases in a communicable stage, epilepsy, feeblemindedness, mental illness, drug addiction, or chronic alcoholism. Laboratory tests are required for determination of syphilis or gonorrhea (sec. 106.071). When the county clerk has received the written application and medical certificate from both applicants, he may issue a marriage license valid for a period of 30 days after the earliest date of either applicant’s medical certificate (sec. 106.077). The decision of the State Board of Eugenics not to issue a marriage license on the basis of the physician’s report is final, subject to the applicant’s right of court appeal (sec. 106.074). 21. Interstate cooperation in marriage-law enforcement The State follows the general rule that the validity of a marriage is determined by the law of the place where it is solemnized. See * Huard T. McTeigh (1925), 113 Oreg. 279, 295; 232 Pae. 658; 89 A. L. R. 528 (hist.). 6 Bolin v. Marshall (1935), 76 Fed. (2d) 668. 12 THE’ LEGAL STATUS OF WOMEN Sturgis v. Sturgis (1908), 51 Oreg. 10, 93 Pac. 696,15 L. R. A. (N. S.) 1034; also Ottschlager’s Estate v. Widmer (1909), 55 Oreg. 145, 105 Pac. 717. 22. Annulment Marriages are prohibited and, if solemnized within this State, abso lutely void if (a) either party had a wife or husband living at the time of such marriage, (b) the parties are related within specified degrees (sec. 106.020). A marriage may be annulled if (a) either party is incapable of consenting thereto for want of legal age or sufficient understanding, or (b) consent was obtained by force or fraud (sec. 106.030). A marriage may not be declared void if the parties freely cohabited as husband and wife after the suit was filed (sec. 107.020). The court is empowered, according to the merits of the case, to dis solve the marriage from the beginning or from the date of the decree, or to declare the marriage valid, lawful, and binding (sec. 107.010). 23. Divorce The dissolution of the marriage contract may be declared at the suit or the claim of the injured party in any of the following causes: (a) Impotency existing at the time of the marriage, and continuing to the commencement of the suit; (b) adultery; (c) conviction of fel ony; (d) habitual gross drunkenness contracted since marriage and continuing for 1 year prior to the commencement of the suit; (e) willful desertion for a period of 1 year; (/) cruel and inhuman treat ment or personal indignities rendering life burdensome; (g) perma nent mental illness, if the defendant has been adjudged mentally ill by a court of competent jurisdiction, and such mental illness has been continuous since such adjudication for at least 3 years, and the person has been confined in an institution upon grounds of mental illness for the major portion of the 3 years immediately preceding the com mencement of the suit, and it appears to the satisfaction of the court by competent evidence that the illness is incurable. The prevailing party shall not be awarded any property or property right of a men tally ill spouse unless the court is convinced—by competent, satisfac tory evidence other than the testimony of the prevailing party—that such property or property right was acquired exclusively by the pre vailing party (sec. 107.030). Following annulment or divorce, another marriage may not be con tracted with a third person by either party until the suit has been finally determined, nor in any case until the expiration of 6 months OREGON 13 from the date of the decree granting the annulment or divorce (sec. 107.110). A separation from bed and board for either a limited or unlimited time may be allowed (a) for willful desertion; (b) at the wife’s suit for the husband’s neglect or refusal to provide for her during a period of 6 months; (c) upon conviction of a felony; (d) for habitual gross drunkenness beginning since marriage and continuing for 1 year be fore suit is brought; and (e) cruel and inhuman treatment or per sonal indignities (sec. 107.210). In decreeing divorce the court may authorize the wife to change her name (sec. 107.100). Alimony and maintenance Whenever a marriage is declared void or dissolved, the court may provide (a) for future care and custody of minor children, having due regard to their age and sex, and unless manifestly improper giv ing preference to party not at fault; (b) for recovery from party at fault, and not allowed care and custody of minor children, such amount as may be proper for their care and education; (c) for re covery from party at fault such amount as may be just and proper for maintenance of the other party; (d) for delivery to wife of her personal property in possession or control of the husband (sec. 107.100). Whenever a marriage shall be dissolved or annulled, the court shall make such division or other disposition between the parties of the real or personal property, or both, of either or both of the parties as may be just and proper in all circumstances (sec. 107.100). After commencement of a suit for divorce or annulment and prior to a decree, the court may (a) provide that the husband pay such amount of money as may be necessary for the wife to prosecute or defend the suit, and support and maintain her during pendency thereof; (b) provide for the care, custody, and maintenance of minor children; (c) restrain the husband or wife from molesting or inter fering with the other or with the children; and (d) restrain either or both from encumbering or disposing of any real or personal prop erty (sec. 107.090). Parents and Children 24. Parents’ right to services and earnings of a minor child The rights and responsibilities of the parents are equal, and the mother is as fully entitled to the control and earnings of the minor children as the father (sec. 109.030). 14 THE LEGAL STATUS OF WOMEN 25. Guardianship of a minor child The father and mother have equal rights and responsibilities with respect to the custody of the minor children of the marriage. In case of the death of one parent, the other has complete and full con trol of the children and their estate (sec. 109.030). In appointing a guardian for the estate of a minor under 14 years of age, the court must give preference to the father, mother, adult brother or sister, or other nearest relative, in the order named, if such person is otherwise qualified as required by law; if the parents are divorced, the court must give preference to the person awarded the custody of the minor (sec. 126.145). If a minor child residing in this State or in any other State has personal property, including money, of a value of less than $500, the guardian may, with the approval of the court, pay or transfer such personal property to a parent of the child who is entitled to the custody of the child (sec. 126.325). 26. Appointment of testamentary guardian for a minor child Every father may appoint by will a guardian for his minor chil dren ; and every mother may likewise appoint a guardian if the father is dead and has not appointed a guardian, or if, following divorce, she has been given custody of the child. The right to appoint a testa mentary guardian does not deprive a surviving parent of the custody of the person of his or her children, if such parent is competent to transact his or her own business (sec. 126.150). 27. Inheritance—child Real property When an intestate person leaves no lineal descendants nor spouse, his real property descends, subject to his debts, to his father and mother in equal portions. If only one parent is living, such parent takes the whole (sec. 11.020 (2.3)). When any minor child dies leaving no spouse nor children, any real estate inherited by him from an ancestor descends to the heirs of such ancestor (sec. 111.020 (5)). Personal property When an intestate person leaves no spouse nor issue, the residue of personal property—after payment of debts and charges of administra tion—is distributed to the decedent’s parents in equal portions, or to the surviving parent if only one is living (sec. 111.030 (3)). OREGON 15 28. Child born out of wedlock If a man is adjudged tlie father of a child bom out of wedlock, he is chargeable with future maintenance in such sum and manner as the court directs; also for all expenses incurred for the care of the mother during confinement and care and support of the child, as well as costs of the prosecution. All these matters are to be determined by the court and entered as a judgment. The maintenance of the child by the father will be required in yearly sums of not less than $100 nor more than $350 for the first 2 years, and not less than $150 nor more than $500 for each year succeeding until the child is 14 years of age. The defendant is entitled to jury trial and to an appeal from the judgment, as provided in civil cases. No conviction can be made upon the unsupported testimony of the woman. Bond is required for performance of the court’s orders. If no bond is filed, the adjudged father is to be committed to prison until he complies with the judgment or is discharged according to law (secs. 109.110 through 109.230). In a civil action in which paternity is a relevant fact, the court may order the mother, the child, and the alleged father to submit to blood tests. If any party refuses to submit to such tests, the court may resolve the question of paternity against such party or enforce its order if the rights of others and the interests of justice so require (sec. 109.252). If the court finds that the conclusions of all the experts, as disclosed by the evidence based upon the tests, are that the alleged father is not the father of the child, the question of paternity shall be resolved accordingly. If the experts disagree in their findings or conclusions, the question shall be submitted upon all the evidence. If the experts conclude that the blood tests show the possibility of the alleged father’s paternity, admission of this evidence is within the discretion of the court, depending upon the infrequency of the blood type (sec. 109.258). Any marriage in all other respects legal and regular but heretofore void by reason of Oregon Laws of 1866 prohibiting marriage between a white person and one having Negro, Chinese, Kanaka, or Indian blood is valid; and any child conceived or born of such marriage is legitimate (sec. 106.210). Children born out of wedlock are legitimated by the subsequent marriage of their parents with each other (sec. 106.200). Children conceived or born of parents who married or who may marry prior to the expiration of 6 months from the date of a divorce or annulment decree are legitimate (sec. 106.190 (2)). 16 THE' LEGAL STATUS OF WOMEN 29. Inheritance—child born out of wedlock If an illegitimate child dies intestate, leaving no spouse or lawful issue, the mother of such child inherits all his property (sec. 111.240). A child bom out of wedlock is an heir of his mother and shall in herit or receive her real and personal property. Such child is not en titled to inherit or receive as representing his mother through either lineal or collateral kindred; provided, however, that when the parents of such child have formally married each other, he is legitimated by the marriage, although the marriage may be adjudged void (sec. 111.220). POLITICAL RIGHTS 30. Domicile of a married woman In the absence of a specific statute, the common-law rule has been applied that the domicile of a wife follows that of her husband. See Bryant v. Dukehart (1923), 106 Oreg. 359, 367, 210 Pac. 454; also Stewart v. Stewart (1926), 117 Oreg. 157, 163, 242 Pac. 852. 31. Public office—eligibility of women No distinction is made in the Constitution or statutes between men and women in the matter of eligibility for public office. 32. Jury service—eligibility of women Women are eligible for jury duty on the same terms as men (secs. 10.030, 10.040). U. S. GOVERNMENT PRINTING OFFICE: 1938
@FedFRASER