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Supreme Court Justice Rosalie Wahl speaking at the first Farm Women's Forum, in Rochester. The subject of address was on farmers, farmers wives and farm ownership.

Speech was titled "The Farm Woman an Equal Partner: Legislation Affecting Farm Women."

Read the Text Transcription of the Audio.

I come from Chautauqua County, Kansas. from a small rural community Birch Creek There I came as a child of three when my mother died to live with Grandma and Grandpa Patterson. Who are children themselves of the Pioneers who would settle that land? 160 Acre Farm on which they lived had been Grandma's childhood home and they didn't own it. They had rented it for many years from Grandma Ellis ever since the Ellis family had gone out west. There was rolling pasture land Farmland on the River Bottom Meadow Land & Timber. It was a great Barn for the hay and the oats and the corn in the Stalls for all the horses. There was a split rail car lot and all the animals the horses to cause the pigs the chickens. Grandpa was a good farmer. No, one in the countryside around could build a better fence. Or make a better Haystack or tell a better joke or sing a better song. In the early days of their marriage Grandma had helped make those Haystacks and work the fields. but at the time we came with our two youngest Uncle still home and always a Hired Man Grandma spent most of her time running the large and busy household caring for the children the chickens the garden canning preserving curing baking sewing doing the washing by hand and ironing on the kitchen table. And still finding time somehow as you do for neighboring. And for her being president of the ladies Aid in our little church in niotaze. And for a little cash, she sold butter and eggs is Grandma Lois it done before her I discovered this recently that Grandma Wallace had saved her butter and egg money and had bought a horse and buggy so that she could go where she needed to go and not be dependent on the men and the horses in the field. What are you doing now for that to that little bit of extra money? It was a thriving throbbing organic Enterprise. in the memory of my childhood and then my grandpa and my little brother were killed in a railroad accident on that farm. We've been going in a wagon to a field on the other side of the creek and had to cross the track. I had gone across to open the gate because you know opening Gates is a good 7 year old job on a farm and when the train came around the hill it was late and there was no blizzard warning in the whoreson horses and wagon. We're on the track. There was no personal injury recovery. There was no settlement of any kind. The only thing the railroad company ever did was to pay Grandma $25 the next spring when a spark from one of their engines Burns Meadow. Grandma got no benefits. No insurance. No social security. No pension. The year was 1932. If they think the grandpa left her. the sum of all their years of Labor together What's the inventory of livestock and machinery? Switch sold at the auction the depression year of 1933 the next spring for next to nothing. I did on the tractor and the 40-acre Patterson Homestead up over the hill with the Old Stone House or Grandma and I spent the rest of my growing up years. And all those years I never knew how poor we were. I only knew the richness. The warm clothes Community with our little rural school at the center. The ants and the uncles and the cousins living. informs nearby and down in the bend of the river where the horse weeds grow taller than the tumbledown barn. And the Noonday he crawls down the riverbank to rest in the cool green water. They're in the bend of the river where green Cutlass corn caresses the wind. I found morning glories in guileless array. enslaving the militant corn I know now that morning glories or something more and something less than beautiful. And I know the times have changed. Farm families can no longer make a living on 40 or 80 or a hundred and sixty Acres you farm hundreds and hundreds of Acres. technological advances of made Farm production far more capital-intensive in far less labor-intensive Yep, that's in line. between prosperity and financial disaster is still there. and neither technology nor the organization of an alternative labor force has eliminated the economic need for women to work on farms. A competent and industrious wife is as much an economic asset today and she was in Frontier Days. Farm and family are still more interrelated than any other combination of occupation and family organization. And more than urban women. Your individual identities are tied to family businesses. A lawyer's Wife May disrupt the Family schedule to some extent by returning to school or by taking a job outside the home. But she will probably not have a discernible effect on her husband's law practice. A farm woman doing the same thing for the same reason will cause significant changes in farm production patterns as well as in family life. This is especially true. If your fat Farm is a dairy farm dairying which is still the most labor-intensive type of Agriculture. Despite its mechanization ties, the family more closely to the farm. Then does the production of beef or pork or lamb while producers of cash grain crops, like corn or soybeans have seasonal schedule switch require as you very well know intensive work during planting and cultivating and harvesting * free to follow individual Pursuits the rest of the year. Such considerations affect your roles on the farm and in Community Affairs and are sound reasons why most of your organizational efforts are directed towards improved conditions for family farming rather than for yourselves as individuals. You are strong. And your strength will grow as you reach out to each other through just such networks of communication and support as this Farm woman's forum. As you reach out through agencies like the countryside Council funded by the Kellogg Foundation to improve the quality of Rural Life in a 19 County area in the southwestern part of the state. As you reach out through the recently-established task force on Rural women which seeks to carry out data collection. Which would Define rural women this I think is a slightly impossible task Who You Are Where are you are what services are available to Human Services? What are your concerns your talents your conception of your problems and possible suggestions for solution. As you develop your own unique blend of farming family and feminism As you move increasingly into decision-making functions. and public rules How can the law and legislation be of assistance to you? What are your peculiar needs those women as Farm women? And what legal decisions or pending legislation may affect those needs For Better or For Worse? What legislation isn't pending that should be It is not my intention to discuss. legislation or laws affecting the broad outlines of agricultural policy but the touch on more homely though not less vital matters. Financial Security and being accorded your fair share on the family. Enterprise is always a concern particularly. So in the event of a husband's death Women still live longer than men in Minnesota. The average lifetime for men is 69.38 years for women. It is 76.8 years. the story of Louis and Leona nordby might be the story of anyone of you. Leona B nordby married Louis M nordby in 1936 They lived and worked together until the husband's death, which occurred in April 28th 1976. During all that time. All of their property was held by them in joint tenancy and both of them contributed equally to the production of income which enabled them to acquire the property. When they were married in 1936 neither husband or wife had any money and after they were married he worked as a farmhand. They had worked on the same Farm together and she did housekeeping for the same Bachelor Farmer this continued for about a year and for several years thereafter. They rented a farm which they operated jointly. On January 26th, 1948. They acquired 160 acres of land in Grant County for the sum of $12,000, which they occupied as their Homestead until the death of Louis and nordby the property was acquired by them as joint tenants out of funds accumulated by their joint efforts and borrowed buy them as joint tenants. Louis was never strong man on two occasions. He was totally disabled. One time he had surgery and once he was disabled as a result of an accident during those periods of time Leona had complete responsibility for the management and operation of the farm. During nearly 40 Years of married life the owner contributed her time labor industry advice and counsel to her husband as they worked on that farm together. They filed joint income tax returns and maintained joint bank accounts to which each had excess. Money was borrowed and note signed for the farm operation by both parties. All farm income earned was placed in the joint bank accounts. The testimony was uncontradicted that Leona worked equally as hard as her husband toward the acquisition of all the joint assets. She milked cows cared for the pigs sheep turkeys and beef cattle. She prepared meals for Farm Workers. Operated farm machinery did seating treated grain loaded fertilizer seed soybeans and grain cleaned and repaired equipment and buildings and helped with the farm bookkeeping and purchasing. With the exception of a small cache device of approximately $1,800 and 9500 from the sale of a fractional 1/2 interest of 60 acres of land which Lewis inherited from his parents. All the joint assets required during coverture by the combined labors of both husband and wife. After Louis and Leona dispose of their Dairy herd and chickens in 1962. Leona was employed part-time as a nurse's aide at the local hospital all of our earnings from the unemployment deposited in the joint account with her husband. It is Undisputed that the property held by husband and wife as joint tenants at the time of the husband's death was valued at $176,586.86. The commissioner of Revenue of the state of Minnesota determined that 100% of the property held in joint tenancy was taxable for inheritance tax purposes. Leona nordby appealed claiming that 50% of both the joint tenancy property. What that the joint tenancy property was not subject to the Minnesota inheritance tax because it was an accumulation of the joint efforts of both husband and wife over a. Of approximately 40 years and that half of the estate belong to her as a Survivor and was never received an acquired by her from her husband for less than adequate and full consideration in money or monies worth of the commissioner on the other hand contended that a prior agreement to share profits equally is essential to the establishment of the wife claimed. His contention was based upon the admission by Leona no partnership agreement or agreement to share profits was ever discussed with Louis. the tax Court found that there was an implied agreement between husband and wife to share the profits equally and the property held by them as joint tenants was an accumulation of the joint efforts of both husband and wife over a. Of approximately 40 years the court concluded that half of the jointly-held property belong to the wife and was never received or acquired by her from her husband for less than adequate and full consideration in money or monies worth. the court said when a long-standing marriage is terminated by divorce the Court's attempt to make an equitable distribution of jointly-held property acquired during publisher. If the rights of ownership in jointly owned property are recognized in divorce proceedings. There is no reason in logic or Equity to ignore these same rights and inheritance tax cases. The work and contributions made by each spouse and operating a family farm should be recognized as being adequate consideration in money or monies worth in considering a claim of ownership in at least a portion of the property which passes to the surviving spouse upon death and the instant case we have found that the contributions of each spouse were substantially equal. there is at the present time a bill pending in the state legislature regarding inheritance taxes, which provides that all assets owned and joint pain are shared equally by both partners of a marriage for the purpose of determining the assets upon which a surviving spouse must pay inheritance taxes Senate file 86 Would create the statutory presumption that the surviving spouse had provided consideration for 1/2 of the joint property that spouse, of course, I can prove contribution to an extent greater than 1/2. This concept is echoed and Governor quease budget in brief for 1979 to 81. There are other bills pending in the 1979 legislature, which may be of particular interest to you. I will touch upon a few of them one has to do with insurance discrimination which would prohibit unfair discriminatory practices in the sale underwriting and rating of insurance policies on the basis of sex marital status or occupation as homemaker. There's a bill with regards to pension notification which requires that spouses of employees covered by public or private pension plans receive notification of benefit options, which may be chosen under a pension plan. It sometimes possible that to where husbands are covered with plans that the wife may not even know what the options are. That might be chosen. There's a bill which which provides that. State employees work schedules would be such that they encourage the use of part-time career employment and more flexible work hours in state government employment by requiring every state agency to establish programs to provide more part-time opportunities more shared jobs and flexible work hours of this may be of interest to you more in the in the context of its being an upsetting of examples for employers throughout the state. There's a bill with regard to the spouse of a nursing home resident which modifies the assets test for medical assistance eligibility for those above age 65 pending the waiver of h e w regulations it initiate a sliding fee for senior citizens faced with long-term illnesses. Isabel which provides prenatal care expanding the definition of a qualified healthcare plan as stated in the Minnesota Comprehensive Health Care insurance act to include certain pregnancy-related services and prenatal Medical Care. There's a proposal 1 you and I didn't get this when we married to have a marriage book what which provides legal and economic information to marriage license applicants through a booklet to be distributed at the time of the license application and to be paid for by a slight increase in the license be this booklet. I don't know if anybody change their mind if they The book describes common and statutory law defining the legal obligations and the rights and responsibilities of married persons and their children. There's a provision with regard to gifts taxes which provides that extend exemptions and taxes on gifts between spouses be computed on an equal basis. I put at least one item in between the marriage booklet one and the item on battered women. Provides funds for shelter shelters and related services to the victims of domestic violence appropriate 3.6 million dollars to provide at least 15 shelters 5 in the Twin Cities area and tan in the balance of the state these would provide for advocacy programs for the victims of domestic abuse and counseling programs for the violent or a salty family members. I'm impressed when I see listings and there are available comprehensive listings of the kinds of services that are a particularly useful to women over the state that there are so few of those around the state so few of those that might be available to somebody in great need and I are so pleased to see you today that you had that you had discussions and workshops on coping with stress and communicating with other members of your family. I think that you've must in a situation where where you're held together both my love and economically necessity off times be under pressure because you know way feel that you can walk off and jeopardize that to Dairy herd that you just have to find ways. But even so, you know, you may have a daughter here and there here and there who may need a shelter or something and and and there are women in the state who badly need these kinds of things. There's also a bill which provides for continued funding of coordinated Statewide services for victims of sexual assault. And a bill which provides with regard to displaced Homemakers and I think that we don't know when I'll make it continues the the funding of pilot Center's to provide job counseling and placement Services the displaced Homemaker makers and appropriate amount of money for continuation of the two current senators and provides for an additional Center in an unserved part of the state and I expect you could put your finger down anywhere and that would be an unserved part of the state. There's also a bill with regard to child care tax credit which provides for increased tax credit amounts for childcare costs to a maximum of $450 per dependent in any taxable year for the maximum credit of $900 for all dependents. These are only a few of the many bills which may or may not become state law. On the national level an organization called rural women Inc with headquarters in Washington DC is serving as a watchdog over public and private actions that affect rural women including pending legislation and administrative actions. legislation being considered by the Congress in 1978 and 1979 which seemed to rural American women of particular interest to roll women included these Legislative matters there is the national agricultural land Policy Act which would establish a national policy of retaining protecting and improving agricultural land. It would set up an agricultural land review commission to study problems of land retention financing climate and environment. It would also provide financial and technical assistance to State and local governments to test methods of protecting their Farmland from conversion to Industrial and other uses. there is the energy impact assistance act for communities involved in energy production would be eligible for Grants to develop housing Sewer and Water Systems libraries and hospitals under the energy impact assistance Act of 1978 and certainly wherever libraries and hospitals are amongst you they are Services which serve you There's the child health Assessment Act. The health planning resources development Act. Which commands the health planning and resources development Act of 1974 and would ensure more flexible planning guidelines for rural areas and greater participation in the planning process by rural residents. The house bill would revise the funding mechanism of these health studies agency planning grants to reflect the unique cost of large sparsely populated areas, and there is the health services extension act which seeks to ensure that community health centers funds will be distributed fairly between urban and rural areas. And you may have noted in the Press recently. That the department of health education and Welfare is drafting to pass breaking plans for study by Congress on ways to bolster social security protection for women by given by giving the woman her own earnings record and eligibility for disability. All well and good to have all these proposals for legislation which might be of benefit to you. How do you have any input into legislative decisions? There are a number of ways. You can Advocate certain positions from your organization to those who are elected to office. You can educate those who are elected to office inform yourself of the facts and then sit down with the legislators in your district and discuss the matter with them. You can hire if you're organized Farm women professional lobbyists the Minnesota Medical Association the railroads the insurance companies the union hire professional lobbyists who are at the Capitol day in and day out keeping track of legislation, which would benefit their clients who represents you. You can write letters. Attention is paid by all the legislators the letters from organizations, especially Statewide organization and writing as individuals is not without purpose particularly. If you write those legislators from your own districts who know you and then you can go to the state capitol and you can be a presence at the hearings there and have two legislative sessions. And if course you can run for office. You may have seen that cartoon of the man standing before the perfume counter obviously looking for a gift for his wife and the saleswoman is saying and if she's going into politics we have this lovely new scent called clout. Thank you.

Funders

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