MISCELLANEOUS PROVISIONS.
Every wife, child, parent, guardian,
employer or other person who shall be injured in person
or property or means of support, by any intoxicated
person, or in consequence of the intoxication habitual
or otherwise, of any person, shall have a right of
action in his or her name, against any person, who
shall, by selling intoxicating liquors, cause the
intoxication of such person, for all damages actually
sustained, as well as exemplary damages; and a married
woman shall have the same right to bring suits, prosecute
and control the same, and the amount recovered, as
if a single woman, and all damages recovered by a
minor under this action, shall be paid to such minor,
or his parent, guardian, or next friend, as the court
shall direct, and all suits for damages under this
section shall be by civil action in any court having
jurisdiction thereof. [Se.] Under this section
a woman is entitled to recover for the death of her
husband, or for personal injuries to him, or to herself
caused by intoxication. She may recover damages
for mental anguish, shame, or suffering, resulting
from injuries to the person, and for injuries to,
or loss of property, and means of support.
An unmarried female may prosecute
as plaintiff, an action for her own seduction and
recover such damages as may be found in her favor.
[Se.] In a civil action for damages it is not
necessary that an unmarried woman be of previously
chaste character to enable her to recover for loss
of health, physical suffering, etc., but without
that she cannot recover for loss of character.
A father, or in case of his death,
or imprisonment, or desertion of his family, the mother
may prosecute as plaintiff, an action for the expenses
and actual loss of service resulting from the injury
or death of a minor child. [Se.]
A married woman may, in all cases,
sue and be sued without joining her husband with her,
to the same extent as if she were unmarried, and an
attachment or judgment in such action shall be enforced
by or against her as if she were a single woman. [Se.]
If husband or wife are sued together,
the wife may defend for her own right; and if either
neglect to defend, the other may defend for that one
also. [Se.]
When a husband has deserted his family,
the wife may prosecute or defend in his name any action
which he might have prosecuted or defended, and shall
have the same powers and rights therein as he might
have had; and under like circumstances the same right
shall apply to the husband upon the desertion of the
wife. [Se.]
Neither the husband nor wife shall
in any case, be a witness against the other, except
in a criminal prosecution for a crime committed one
against the other, or in a civil action or proceeding
one against the other; but they may in all civil and
criminal cases, be witness for each other. [Se.]
In prosecutions for adultery or bigamy the husband
or wife, as the case may be, is a competent witness
against the other.
Neither husband nor wife can be examined
in any case as to any communication made by one to
the other while married, nor shall they after the
marriage relation ceases, be permitted to reveal in
testimony any such communication made while the marriage
subsisted. [Se.]
Women are eligible to all school offices
in the state, including those of county superintendent
and school director. [Sec.Se, 2829.]
No person shall be disqualified for
holding the office of county recorder on account of
sex. [Se.]
Mayors of all cities having a population
of twenty-five thousand or more, are authorized, by
act of the Twenty-fifth General Assembly to appoint
police matrons to take charge of all women and children
confined at police stations. They are to search
the persons of such women and children, accompany
them to court, and “give them such comfort as
may be in their power.” No woman is eligible
to this office who is under thirty years of age.
She must be of good moral character, and sound physical
health. Her application must be endorsed by at
least ten women of good standing and residents of
the city in which such appointment is made. When
appointed she shall hold office until removed by death,
resignation or discharge, but she can be dismissed
only after charges have been made against her conduct
and such charges have been investigated. She has
the right to enter work houses where women are confined,
at all times. She shall be subject to the board
of police or to the chief of police. Her salary
shall not be less than the minimum paid to patrolmen.
In any election hereafter held in
any city, incorporated town, or school district, for
the purpose of issuing any bonds for municipal or school
purposes, or for the purpose of borrowing money, or
for the purpose of increasing the tax levy, the right
of any citizen to vote shall not be denied or abridged
on account of sex, and women may vote at such elections,
the same as men, under the same qualifications and
restrictions. [Act of the Twenty-fifth General Assembly.]