Lorrin A Thurston introduced the Married Women’s Property Bill in the 1886 legislature to reverse what he saw as a grave injustice in early Hawaiian law that gave all of a woman’s property to her husband on marriage. (Twigg-Smith)
The Bill stated, “The real and personal property of a woman shall, upon her marriage, remain her separate property”.
“Mr. Palohau said if the bill passed it would cause domestic trouble.”
Mr. Kaunamano moved the bill be indefinitely postponed. It makes the woman the head of the house, and that was contrary to holy writ. The man would have to take a back seat. The present law was definite, and was well understood. Why not let well enough alone.”
“Mr. Nahinu said he opposed the bill from beginning to end. This law sets aside the law of God. Woman was made for man, and not man for woman. If it got into effect it would break up families. …”
“Third reading of an Act relating to the property of married women. Mr. Kalua moved the bill pass.”
“Mr. Palohau thought the bill should be considered section by section. He did not approve of section 2, as it says that, ‘a married woman may make contracts, oral and written, sealed and unsealed, in the same manner as if she were sole.’”
“The Attorney General seemed to be looking at the speaker with some astonishment, but he did not understand Hawaiian women as well as the speaker did, or the Minister of Finance or the Interpreter.”
“Mr. Thurston said that when he introduced the bill he expected some of the members would be afraid of it, but he never expected that Mr. Palohau, the biggest member in the House, would be one of them. …”
“Mr. Thurston said that if the bill was properly understood there would be no objection. It was for the protection of every woman. It provides that a man going into business cannot use his wife’s property in that business.”
“Mr. Thurston then cited several cases that had come under his own personal notice, to show that this bill would be very effective.”
“Mr. Kauhane spoke in favor of the bill He thought it very good law.”
“Mr. Kaulukou thought perhaps that the members did not understand the bill, therefore he moved it be considered section by section. Agreed to.”
“Section 1. The real and personal property of a woman shall, upon her marriage, remain her separate property, free from the management, control, debts and obligations of her husband …”
“… and a married woman may receive, receipt for, hold, manage and dispose of property, real and personal, in the same manner as if she were sole.”
“On motion of His Excellency Mr. Dare, the section was passed.”
“Section 2. A married woman may make contracts, oral and written, sealed and unsealed, in the same manner as if she were sole, except that she shall not be authorized hereby to make contracts with her husband.”
“Mr. Kaai moved the section pass.”
“Mr. Kaunamano moved it be indefinitely postponed.”
“Mr. Kaai was in favor of the section. In justice to women, they should have some control of their own property.”
“Mr. Palohau moved to insert at the end of the section, ‘if the husband fails to provide for her or her family.’”
“Mr. Nahinu moved to strike out the words ‘in the same manner as if she were sole,’ and inert, ‘with the consent of her husband.’”
“Mr. Richardson moved the section pass as is the bill, he remembered a woman who owned some sugar land. Her husband sold it, and is now living with another woman in a foreign country, enjoying himself on the proceeds. Mr. Richardson also quoted other instances of a similar nature.”
“His Excellency Mr. Dare said it afforded him pleasure to be in accordance with Mr. Thurston. He (the speaker) signed the committee report to pass this bill.”
“He did so, believing the bill was in advance of the state of this community. Any temporary inconvenience that might attend the passage of such a law at this time would be more than compensated for in the future by the beneficent of the law.”
“They did not contemplate a reversal of things by this bill, but they did contemplate that the Hawaiian woman should take her place alongside of her sisters of the United States, England and other countries.”
“It was oftener the man than the woman who squanders the substance. This bill provides that if a man raises a family, and is saving, so as to be able to endow his daughter, and she should marry a spendthrift, the latter could not squander her money.”
“He believed the bill to be a wise one, and on the inarch to civilization, and it should be on the statute books of the Kingdom.”
“The motions to indefinitely postpone the section and the amendments were lost.”
“The section passed as in the bill.”
“Section 3. All work and labor performed or services rendered by a married woman for or to a person other than her husband and children shall, unless there is an express agreement on her part to the contrary, be presumed to be performed or rendered on her separate account.”
“On motion of Mr. Kaai the section passed.”
“Section 4. A married woman may be an executrix, administratrix, guardian or trustee, and may bind herself and the estate she represents without any act or assent on the part of her husband.”
“On motion of Mr. Dickey the section passed.”
“Mr. Kalua said that as the objections were confined to the first three sections, he moved the balance of the bill pass.”
“Mr. Dole said he had an amendment to make to section 7. He moved the words “her property shall immediately descend to her heirs as if she had died sole” be stricken out. The motion prevailed, and the section passed as amended.”
“The bill then passed as amended. (September 9, 1886)” (Pacific Commercial Advertiser, September 10, 1886)
Present law is similar, “§572-25 Separate property. The real and personal property of a spouse, upon marriage, shall remain that spouse’s separate property, free from the management, control, debts, and obligations of the other spouse …”
“… and a spouse may receive, receipt for, hold, manage, and dispose of property, real and personal, in the same manner as if that spouse were sole.” (HRS)
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