No law requires the husband to support wife or children.

The legal age for marriage is fourteen years for boys and twelve for girls.

By earnest pleading and continual petitioning during the past ten years women have secured the following: 1. The passage of a bill making women eligible as superintendents of county schools. 2. Police matrons in two cities—Memphis and Knoxville. 3. A law raising the "age of protection" for girls from 10 to 16 years (1893), but if over 12 the crime is only a misdemeanor. The penalty is, if under 12, "death by hanging, or, in the discretion of the jury, imprisonment in the penitentiary for life or for a period not less than ten years;" if over 12, "imprisonment in the penitentiary not less than three months nor more than ten years; provided no conviction shall be had on the unsupported testimony of the female ... or if the female is a bawd, lewd or kept female." (1895.)

SUFFRAGE: Women possess no form of suffrage.

OFFICE HOLDING: Women are not eligible to any elective office except that of county superintendent of schools, which was provided for by special statute about 1890. They can not serve as school trustees.

For a number of years all the librarians and engrossing clerks of both Senate and House have been women. They can not act as notaries public.

OCCUPATIONS: Women have engaged in the practice of law, but this was forbidden by a recent decision of the Supreme Court (1901). It was based on the ground that an attorney is a public officer, and as women are not legally entitled to hold public office they can not practice law.

EDUCATION: Degrees in law have been conferred upon several women at Vanderbilt University, for white students, and at Fiske University, for colored. All institutions of learning, except a few of a sectarian nature, are coeducational.

In the public schools there are 5,019 men and 4,195 women teachers. The average monthly salary of the men (estimated) is $31.88; of the women, $26.18.

FOOTNOTES:

[435] The History is indebted for this chapter to Mrs. Lida A. Meriwether of Memphis, honorary president of the State Woman Suffrage Association.

[436] Among prominent men who have aided in protective and progressive work for women are Legislators W. H. Milburn, Thomas A. Baker and Joseph Babb; Editors G. W. Armistead of the Issue, Gideon Baskette of the Nashville Banner and J. M. Keating of the Memphis Appeal; the Revs. H. S. Williams, W. B. Evans, C. H. Wilson and T. B. Putnam; Judges E. H. East and Arthur Simpson. Among women may be mentioned Mesdames E. J. Roach, Georgia Mizelle, Bettie M. Donaldson, Margaret Gardner, Emily Settle, Ida T. East, Caroline Goodlett, S. E. Dosser, A. A. Gibson, Mary T. McTeer and Kate M. Simpson; Misses Louise and Mary Drouillard, J. E. Baillett, M. L. Patterson and S. E. Hoyt. Lo! all these are of the faithful—and yet "the half hath not been told."



CHAPTER LXV.

TEXAS.[437]

The first addresses in favor of woman suffrage in Texas are believed to have been given by Mrs. Mariana T. Folsom in 1885. The first attempt at organization was made on May 10, 1893, when Mrs. Rebecca Henry Hayes called a meeting in the parlors of the Grand Windsor Hotel at Dallas for the purpose of forming a State association. Fifty-two names were enrolled; Mrs. Hayes was made president, Dr. Lawson Dabbs corresponding secretary, and Margaret L. Watrous, recording secretary.[438] Mrs. Sarah S. Trumbull was elected State organizer and auxiliary associations were formed in various towns. Mrs. Hayes traveled 9,000 miles in the interest of this cause during the next two years, but as Texas has 360 counties and a scattered and widely separated population, organized work is very difficult.

In 1896 Mrs. Elizabeth Good Houston became president. Mrs. Alice McAnulty served a number of years most efficiently as corresponding secretary. Dr. Grace Danforth also did effective work. Mrs. L. A. Craig presented the question to the Democratic State Convention of 1894, but without any practical result. Mrs. McAnulty and Mrs. Elizabeth Fry attended the Populist State Convention the same year, but no action was taken.

Since 1887 the State W. C. T. U. has been pledged to woman suffrage. The president, Mrs. S. C. Acheson, under whose management it was adopted, was an enthusiast upon the subject. Mrs. Fry was the first State superintendent of franchise, and, through both the W. C. T. U. and the W. S. A., has rendered valuable service. Later, Mrs. Mary E. Prendergast filled this position, distributing much literature and speaking in many cities. Judge Davis McGee Prendergast became a convert before his wife and convinced her of the righteousness of woman suffrage. These two ladies are southern-born and life-long Texans.

LEGISLATIVE ACTION AND LAWS: In 1891, through the efforts of the W. C. T. U., the "age of protection" for girls was raised from 10 to 12 years. In 1895 it was raised to 15 years. The penalty is death or imprisonment in the penitentiary from not less than five years to life.

No attempt ever has been made to secure the franchise, but at this time (1895) the women learned that thirty of the legislators believed in woman suffrage, one of them declaring: "If some of these seats were occupied by women, we men would do better work."

Neither dower nor curtesy obtains. If there are any lineal descendants a surviving husband or wife is entitled to a life interest in one-third of the real estate and to one-third of the personal estate absolutely; if none, to all the personal property and a life interest in one-half the real estate. If there are neither father, mother, brothers, sisters nor their descendants, the surviving husband or wife is entitled to the whole estate, both real and personal, as to separate property.

In addition to such provision, one-half of the community property passes to the widow or widower if there are one or more children and the whole of such property if there are no lineal descendants. A widow or widower is also entitled to retain a homestead not exceeding $5,000 in value. If either husband or wife die without a will or become insane, and there are no living descendants, and the other party to the marriage has no separate estate, the community property passes to the survivor without an administration, unless there is a guardianship by the State of the insane spouse. If, however, there are descendants, the survivor has the exclusive management of the community property. A woman loses this right if she contract another marriage. In the event of the insane person being restored to a sound mental condition, an accounting of such property must be rendered.

The property which a woman owns at marriage, or acquires by gift, devise or descent afterward, remains her separate estate, but passes under the absolute control of the husband, except that he can not sell it without her consent.

The wife can not sell her separate property without the husband's consent. He may sell his separate property without hers.

He may also sell the community property, except the homestead, without her consent.

The wife must sue and be sued jointly with her husband in regard to her separate property, and all other matters.

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 assigns 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 entitled 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 institutions of learning are open to both sexes. Among these are the State University, Baylor University (Baptist), Southwestern University (Methodist South), Fort Worth Polytechnic (Methodist Episcopal), Trinity University (Cumberland 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 petitioning for this ten years.[440]

The Prairie View State Normal School for colored youth of both sexes 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 principals 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 membership of about 3,500. With other good works they have distributed great quantities 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. Sayers a member of the committee to locate this school. The appointment was confirmed by the Senate, and the committee of twelve men elected her secretary. She received, of course, the same pay as the other members. Later three women were placed on the Board of Regents, herself among the number. [Eds.



CHAPTER LXVI.

UTAH.[441]

To write the history of woman suffrage in Utah one must turn backward to 1870, when the Legislature of the Territory passed a bill conferring the franchise upon women, to which acting-Governor S. A. Mann affixed his signature February 12. From that time women voted at all elections, while some of them took a practical interest in public matters and acted as delegates to political conventions and members of Territorial and county committees.

The first attempt to elect a woman to any important office was made in Salt Lake City at the county convention of 1878, when Mrs. Emmeline B. Wells was nominated for treasurer. She received the vote of the entire delegation, but the statute including the word "male" was held to debar women from holding political offices. A bill was presented to the next Legislature with petitions numerously signed asking that this word be erased from the statutes, which was passed. Gov. George W. Emory, however, refused to sign it, and though other Legislatures passed similar bills by unanimous vote, none ever received his signature or that of any succeeding governor.

In June, 1871, Mrs. Elizabeth Cady Stanton and Miss Susan B. Anthony, the president and vice-president-at-large of the National Woman Suffrage Association, stopped at Salt Lake City on their way to the Pacific Coast and met many of the prominent men and women.

In 1872 the Woman's Exponent was established, and it is impossible to estimate the advantage this little paper gave to the women of this far western Territory. From its first issue it was the champion of the suffrage cause, and by exchanging with women's papers of the United States and England it brought news of women in all parts of the world to those of Utah. They also were thoroughly organized in the National Woman's Relief Society, a charitable and philanthropic body which stood for reform and progress in all directions. Through such an organization it was always comparatively easy to promote any specific object or work. The Hon. George Q. Cannon, Utah's delegate in the '70's, coming from a Territory where women had the ballot, interested himself in the suffrage question before Congress. He thus became acquainted with the prominent leaders of the movement, who went to Washington every winter and who manifested much interest in the women afar off in possession of the rights which they themselves had been so long and zealously advocating without apparent results. Among these were Mrs. Stanton, Miss Anthony, Mrs. Isabella Beecher Hooker and others of national reputation.

Women were appointed as representatives from Utah by the National Suffrage Association, and the correspondence between its officers and Mrs. Wells, who had been made a member of their Advisory Committee and vice-president for the Territory, as well as the fact that the women of Utah were so progressive on the suffrage question and had sent large petitions asking for the passage of a Sixteenth Amendment to the Federal Constitution to enfranchise all women, resulted in an invitation for her to attend its annual convention at Washington, in January, 1879. Mrs. Wells was accompanied by Mrs. Zina Young Williams and they were cordially welcomed by Mrs. Stanton and Miss Anthony. This was a valuable experience for these women, as, even though they had the right of suffrage, there was much to learn from the great leaders who had been laboring in the cause of woman's enfranchisement for more than thirty years. They were invited to address the convention, and selected with others to go before Congressional committees and the President of the United States, as well as to present important matters to the Lady of the White House. The kindness which they received from Mrs. Hayes and other noted women always will remain a pleasant memory of that first visit to the national capitol. On their return home they took up the subject of the ballot more energetically in its general sense than ever before through public speaking and writing.

During the seventeen years, from 1870 to 1887, that the women of Utah enjoyed the privilege of the ballot several attempts were made to deprive them of it. In 1880 a case came before the Supreme Court of the Territory on a mandamus requiring the assessor and registrar to erase the names of Emmeline B. Wells, Maria M. Blythe and Cornelia Paddock from the registration list, also the names of all other women before a certain specified date, but the court decided in favor of the defendants.

In the spring of 1882 a convention was held to prepare a constitution and urge Congress to admit Utah as a State. Three women were elected—Mrs. Sarah M. Kimball, Mrs. Elizabeth Howard and Mrs. Wells—and took part in framing this constitution, and their work was as satisfactory as that of the male members. Although this was a new departure, it caused no friction whatever and was good political discipline for the women, especially in parliamentary law and usage.

This year another case was brought, before the Third District Court, to test the validity of the statute conferring the elective franchise upon the women of the Territory. A registrar of Salt Lake City refused to place the names of women upon the list of voters, and Mrs. Florence L. Westcott asked for a writ compelling him to administer the oath, enter her name, etc. The case was called for argument Sept. 14, 1882, Chief Justice James A. Hunter on the bench, and able lawyers were employed on both sides of the question. The decision sustained the Legislative Act of 1870 under which women voted. Associate Justice Emerson agreed with Judge Hunter, and Associate Justice Twiss acknowledged the validity of the law, but insisted that women should be taxpayers to entitle them to the right. This test case decided all others and women continued to vote until the passage of the Edmunds-Tucker Law, in March, 1887. During this period women gained much political experience in practical matters, and their association with men acquainted with affairs of State, in council and on committees gave them a still wider knowledge of the manipulation of public affairs.

In September, 1882, the National W. S. A. held a conference in Omaha, Neb., and Mrs. Wells and Mrs. Zina D. H. Young attended. Miss Anthony, Mrs. May Wright Sewall, chairman of the Executive Committee, and many other distinguished women were in attendance. Mrs. Wells, as vice-president for Utah, presented an exhaustive report of the suffrage work in the Territory, which was received with a great deal of enthusiasm.

At the national convention in Washington the previous January the proposed disfranchisement of Utah women by the Edmunds Bill had been very fully discussed and a resolution adopted, that "the proposition to disfranchise the women of Utah for no cause whatever is a cruel display of the power which lies in might alone, and that this Congress has no more right to disfranchise the women of Utah than the men of Wyoming."[442] This sympathy was gratefully acknowledged by the women of the Territory.

The suffrage women throughout the various States made vigorous protests against the injustice of this pending measure. A committee appointed at the convention in Washington, in the winter of 1887, presented a memorial to the President of the United States requesting him not to sign the bills, but to veto any measure for the disfranchisement of the women of Utah.[443] Mrs. Belva A. Lockwood made an able speech before the convention on this question. There were at that time several bills before Congress to deprive Utah women of the elective franchise.

During the subsequent years of this agitation every issue of the Woman's Exponent contained burning articles, letters and editorials upon this uncalled-for and unwarranted interference with the affairs of the women of this Territory. The advocates of the rights of all women stood up boldly for those of Utah, notwithstanding the scoffs and obloquy cast upon them. It was a fierce battle of opinions and the weaker had to succumb. The strong power of Congress conquered at last, and the Edmunds-Tucker Act of 1887 wrested from all the women, Gentile and Mormon alike, the suffrage which they had exercised for seventeen years. Naturally they were very indignant at being arbitrarily deprived of a vested right, but were obliged to submit. They were determined, however, not to do so tamely but to teach their sons, brothers and all others the value of equal suffrage, and to use every effort in their power toward securing it whenever Statehood should be conferred.

Mrs. Arthur Brown and Mrs. Emily S. Richards were appointed to represent the Territory at the National Suffrage Convention in Washington in 1888, and were there authorized to form an association uniform with those in various States and Territories. Heretofore it had not been considered necessary to organize, as women were already in possession of the ballot.

Mrs. Elizabeth Lyle Saxon and Mrs. Clara Bewick Colby, who had been lecturing on suffrage in Oregon and Washington, visited Salt Lake in September, 1888. They spoke in the theater, and on the following day a reception was tendered them in the Gardo House, where they had the opportunity of meeting socially between five and six hundred people, both Gentiles and Mormons, men and women. The same evening another large audience in the theater greeted them, and on the day succeeding at 10 A. M. there was a meeting for women only in the Assembly Hall. These meetings were held under the auspices of the Woman's Relief Society, Mrs. Zina D. H. Young, president. Though they occurred at a time when the people were suffering from indignities heaped upon them because of unjust legislation, yet a strong impression was made on those (mostly Gentiles) who never previously had been converted to suffrage.

After careful deliberation and several preliminary meetings in the office of the Woman's Exponent, a public call was made through the daily papers, signed by the most influential women of Salt Lake City, for a meeting in the Assembly Hall, Jan. 10, 1889, to organize a Territorial Suffrage Association. Mrs. Richards occupied the chair and Mrs. Lydia D. Alder was elected secretary pro tem. Prayer was offered and the old-fashioned hymn, "Know this that every soul is free," was sung by the congregation.[444] One hundred names were enrolled and Mrs. Caine and Mrs. Richards were elected delegates to the National Convention. Mrs. Caine was already at the Capital with her husband, the Hon. John T. Caine, Utah's delegate in the House of Representatives. Mrs. Richards arrived in time to give a report of the new society, which was heard with much interest.

Within a few months fourteen counties had auxiliary societies. Possibly because of the former experience of the women there was very little necessity of urging these to keep up their enthusiasm. Towns and villages were soon organized auxiliary to the counties, and much good work was done in an educational way to arouse the new members to an appreciation of the ballot, and also to convince men of the benefits to be derived by all the people when women stood side by side with them and made common cause.

On April 11, three months after the Territorial Association was organized, a rousing meeting was held in the Assembly Hall, in Salt Lake City, Mrs. Alder, vice-president, in the chair. Eloquent addresses were made by Bishop O. F. Whitney, the Hon. C. W. Penrose, the Hon. George Q. Cannon, Dr. Martha P. Hughes (Cannon), Mrs. Zina D. H. Young, Mrs. Richards, Ida Snow Gibbs and Nellie R. Webber.

A largely attended meeting took place in the County Court House, Ogden City, in June, the local president, Elizabeth Stanford, in the chair. Besides brief addresses from members eloquent speeches were made by C. W. Penrose and the Hon. Lorin Farr, a veteran legislator. The women speakers of Salt Lake who had been thoroughly identified with the suffrage cause traveled through the Territory in 1889, making speeches and promoting local interests, and strong addresses were given also by distinguished men—the Hons. John T. Caine, John E. Booth, William H. King (delegate to Congress), bishops and legislators. The fact can not be controverted that the sentiment of the majority of the people of Utah always has been in favor of equal suffrage.

At the annual meeting, held in the Social Hall, Salt Lake City, in 1890, Mrs. Sarah M. Kimball, a woman of great executive ability, was elected president.[445]

In 1890 Mrs. Kimball and Maria Y. Dougall went as delegates to the National Convention and reached Washington in time to be present at the banquet given in honor of Miss Anthony's seventieth birthday. In Mrs. Kimball's report she stated that there were 300 paid-up members of the Territorial Association exclusive of the sixteen county organizations.

During 1890 the women worked unceasingly, obtaining new members and keeping up a vigorous campaign all the year round. Meetings were held in the most remote towns, and even the farmer's wife far away in some mountain nook did her part toward securing the suffrage.

On July 23, 1890, the day Wyoming celebrated her Statehood, the Suffrage Association of Utah assembled in Liberty Park, Salt Lake City, to rejoice in the good fortune of Wyoming women. The fine old trees were decorated with flags and bunting and martial music resounded through the park; speeches rich with independent thought were made by the foremost ladies, and a telegram of greeting was sent to Mrs. Amalia Post at Cheyenne.

Conventions were held yearly in Salt Lake City, with the best speakers among men and women, and the counties represented by delegates. Many classes in civil government also were formed throughout the Territory.

At the National Convention in Washington, in February, 1891, there were present from Utah ten representatives, and the number of paid-up members entitled the delegates to twenty votes, the largest number of any State except New York.

On Feb. 15, 1892, the association celebrated Susan B. Anthony's birthday in one of the largest halls in Salt Lake City, handsomely decorated and the Stars and Stripes waving over the pictures of Mrs. Stanton and Miss Anthony. Several members of the Legislature took part in the exercises, which were entirely of a suffrage character. A telegram was received from Miss Anthony which said, "Greetings, dear friends: that your citizens' right to vote may soon be secured is the prayer of your co-worker." A message of love and appreciation was returned.

On July 29, 1892, a grand rally in the interest of suffrage was held in American Fork, attended by the leaders from Salt Lake City and other parts of the Territory. Ladies wore the yellow ribbon and many gentlemen the sunflower; the visitors were met at the station with carriages and horses decorated in yellow, and bands of music were in attendance. Mrs. Hannah Lapish, the local president, had charge, a fine banquet was spread, and the entire day was a grand feast of suffrage sentiment. C. W. Penrose was the orator.

During 1892 Mrs. Wells traveled in California and Idaho, and wherever she went, in season and out of season, spoke a good word for the cause, often where women never had given the subject a thought, or had considered it brazen and unwomanly. The annual convention in October was an enthusiastic one, but the real work of the women during that year was for the Columbian Exposition, though a suffrage song book was published and much literature circulated, not only in Utah but broadcast throughout the West; and Mrs. Richards did some work in Southern Idaho.

In some striking respects 1893 was a woman's year, and much was done to advance the suffrage cause indirectly. The association gave a large garden party in Salt Lake, with addresses by Mrs. Minnie J. Snow, Mrs. Julia P. M. Farnsworth and the Hon. George Q. Cannon.

At the annual convention Mrs. Wells was elected president, Mrs. Richards vice-president, and they continued in office during the time of the struggle to obtain an equal suffrage clause in the State constitution. Mrs. Wells made personal visits throughout the Territory, urging the women to stand firm for the franchise and encourage the men who were likely to take part in the work toward Statehood to uphold the rights of the women who had helped to build up the country, as well as those who since then had been born in this goodly land, reminding them that their fathers had given women suffrage a quarter of a century before.

In February, 1894, Mrs. Wells called an assembly of citizens for the purpose of arousing a greater interest in a Statehood which should include equal rights for women as well as men. The audience was a large one of representative people. They sang Julia Ward Howe's Battle Hymn of the Republic and also America, and brilliant addresses were made by the Hon. John E. Booth, the Hon. Samuel W. Richards, Dr. Richard A. Hasbrouck, a famous orator formerly of Ohio, Dr. Martha Hughes Cannon, Mrs. Zina D. H. Young and Mrs. Lucy A. Clark. As a result of this gathering parlor meetings were held in various parts of the city, arousing much serious thought upon the question, as the Territory was now on the verge of Statehood.

On July 16 President Grover Cleveland signed the enabling act and the Woman's Exponent chronicled the event with words of patriotic ardor, urging the women to stand by their guns and not allow the framers of the constitution to take any action whereby they might be defrauded of their sacred rights to equality. Miss Anthony's message was quoted, "Let it be the best basis for a State ever engrossed on parchment;" and never did the faith of its editor waver in the belief that this would be done.

From this time unremitting work was carried on by the women in all directions; every effort possible was made to secure a convention of men who would frame a constitution without sex distinction, and to provide that the woman suffrage article should be included in the document itself and not be submitted separately.

At the annual convention in October, 1894, a cordial resolution was unanimously adopted thanking the two political parties for having inserted in their platforms a plank approving suffrage for women.

The November election was most exciting. Women all over the Territory worked energetically to elect such delegates to the convention as would place equal suffrage in the constitution.

After the election, when the battle was in progress, women labored tactfully and industriously; they tried by every means to educate and convert the general public, circulated suffrage literature among neighbors and friends and in the most remote corners, for they knew well that even after the constitution was adopted by the convention it must be voted on by all the men of the Territory.

In January, 1895, the president, Mrs. Wells, went to Atlanta to the National Convention, accompanied by Mrs. Marilla M. Daniels and Mrs. Aurelia S. Rogers. In her report she stated that the women of Utah had not allied themselves with either party but labored assiduously with both Republicans and Democrats. In closing she said: "There are two good reasons why our women should have the ballot apart from the general reasons why all women should have it—first, because the franchise was given to them by the Territorial Legislature and they exercised it seventeen years, never abusing the privilege, and it was taken away from them by Congress without any cause assigned except that it was a political measure; second, there are undoubtedly more women in Utah who own their homes and pay taxes than in any other State with the same number of inhabitants, and Congress has, by its enactments in the past, virtually made many of these women heads of families."

A convention was held February 18 in the Probate Court room of the Salt Lake City and County building. Delegates came from far and near. Mrs. Wells presided, and vice-presidents were Mrs. Richards, Mrs. C. W. Bennett; secretary, Mrs. Nellie Little; assistant secretary, Mrs. Augusta W. Grant; chaplain, Mrs. Zina D. H. Young. A committee was appointed by the Chair to prepare a memorial for the convention,[446] and stirring speeches were made by delegates from the various counties.

In the afternoon as many of the ladies as could gain admittance went into another hall in the same building, where the Constitutional Convention was in session, and where already some members had begun to oppose woman suffrage in the constitution proper and to suggest it as an amendment to be voted upon separately. The Hon. F. S. Richards, a prominent member, presented their memorial, which closed with the following paragraph: "We therefore ask you to provide in the constitution that the rights of citizens of the State of Utah to vote and hold office shall not be denied or abridged on account of sex, but that male and female citizens of the State shall equally enjoy all civil, political and religious rights and privileges." This was signed by Emeline B. Wells, president Woman Suffrage Association; Emily S. Richards, vice-president; Zina D. H. Young, president National Woman's Relief Society; Jane S. Richards, vice-president, and all the county presidents.

The next morning a hearing was granted to the ladies before the Suffrage Committee. Carefully prepared papers were read by Mesdames Richards, Carlton, Cannon, Milton, Pardee and Pratt. Mrs. Wells spoke last, without notes, stating pertinent facts and appealing for justice.

There was much debate, pro and con, in the convention after this time, and open and fair discussions of the question in Committee of the Whole. The majority report was as follows:

Resolved, That the rights of citizens of the State of Utah to vote and hold office shall not be denied or abridged on account of sex. Both male and female citizens of this State shall equally enjoy all civil, political and religious rights and privileges.

The minority report submitted later was too weak and flimsy to be considered.

The women addressed a cordial letter of appreciation and thanks to the committee who had so nobly stood by their cause.[447] Having secured this favorable report the women had not supposed it would be necessary to continue their efforts, and it would not have been except for a faction led by Brigham H. Roberts who actively worked against the adoption of this article by the delegates.[448] Numerously signed petitions for woman suffrage from all parts of the Territory were at once sent to the convention.

On the morning of April 8 the section on equal suffrage which had passed its third reading was brought up for consideration, as had been previously decided. The hall was crowded to suffocation, but as the debate was limited to fifteen minutes it was soon disposed of without much argument from either side. The vote of the convention was 75 ayes, 6 noes, 12 absent. Every member afterwards signed the constitution.

On May 12, Miss Anthony and the Rev. Anna Howard Shaw, president and vice-president-at-large of the National Association, arrived, as promised, to hold a suffrage conference. They were accompanied by Mrs. Mary C. C. Bradford and Mrs. Ellis Meredith of Colorado. The conference met in the hall where the Constitutional Convention had adjourned a few days before. Mrs. Wells presided and Gov. Caleb W. West introduced Miss Anthony, assuring his audience it was a distinguished honor, and declaring that the new State constitution which included woman suffrage would be carried at the coming election by an overwhelming majority. Miss Anthony responded in a most acceptable manner. Governor West also introduced Miss Shaw who made an eloquent address. Mrs. Bradford and Mrs. Meredith were formally presented and welcome was extended by Mesdames Zina D. H. Young, W. Ferry, B. W. Smith, J. Milton, C. E. Allen, M. I. Home, E. B. Ferguson and the Hon. J. R. Murdock, a pioneer suffragist and member of the late convention.

The same afternoon a reception was given in honor of the ladies at the handsome residence of the Hon. F. S. and Mrs. Richards, attended by over three hundred guests, including State officials, officers and ladies from the military post, and many people of distinction. The conference lasted two days, with large audiences, and the newspapers published glowing accounts of the proceedings and the enthusiasm. Many social courtesies were extended.

Miss Anthony and her party held meetings in Ogden and were honored in every possible way, the Hon. Franklin D. Richards and his wife and the Hon. D. H. Peery being among the entertainers there.

The question soon arose whether women should vote on the adoption of the constitution at the coming November election. The commission which had been appointed by the U. S. Government to superintend affairs in Utah, decided at their June meeting to submit the matter to the Attorney-General. There was considerable agitation by the public press; some newspapers favored the women's voting and others thought its legality would be questioned and thus the admission to Statehood would be hindered. The women generally were willing to abide by the highest judicial authority.

A test case was brought before the District Court in Ogden, August 10. The court room was crowded with attorneys and prominent citizens to hear the decision of Judge H. W. Smith, which was that women should register and vote. The case was then carried to the Supreme Court of the Territory and the decision given August 31. Chief Justice Samuel A. Merritt stated that Judge G. W. Bartch and himself had reached the conclusion that the Edmunds-Tucker Law had not been repealed and would remain effective till Statehood was achieved, and that he would file a written opinion reversing the judgment of the lower court. Judge William H. King, the other member, dissented and declared that "the disfranchisement of the women at this election he regarded as a wrong and an outrage."

The opinion of the Supreme Court could not be ignored and therefore the women citizens acquiesced with the best grace possible. Unremitting and effective work continued to be done by the suffrage association, although the foremost women soon affiliated with the respective parties and began regular duty in election matters. The leaders went through the Territory urging women everywhere to look after the interests of the election and see that men voted right on the constitution, which was not only of great importance to them and their posterity but to all women throughout the land.

Women attended conventions, were members of political committees and worked faithfully for the election of the men who had been nominated at the Territorial Convention. A few women also had been placed on the tickets—Mrs. Emma McVicker for Superintendent of Public Instruction, Mrs. Lillie Pardee for the Senate, and Mrs. E. B. Wells for the House of Representatives, on the Republican ticket, and it was held that although women were not allowed to vote, they might be voted for by men. But finally, so many fears were entertained lest the success of the ticket should be imperiled that the women were induced to withdraw. Mrs. Wells' name remained until the last, but the party continuing to insist, she very reluctantly yielded, informing the committee that she did it under protest. On Nov. 5, 1895, the Republican party carried the election by a large majority; the constitution was adopted by 28,618 ayes, 2,687 noes, and Full Suffrage was conferred on women.



President Cleveland signed the constitution of Utah, Jan. 4, 1896, and the inaugural ceremonies were held in the great tabernacle in Salt Lake City, January 6, "Utah completing the trinity of true Republics at the summit of the Rockies." Gov. Heber M. Wells took the oath administered by Chief Justice Charles S. Zane, and at a given signal the booming of artillery was heard from Capitol Hill. Secretary-of-State Hammond read the Governor's first proclamation convening the Legislature at 3 o'clock that day. Mrs. Pardee was elected clerk of the Senate and entered upon the duties of the office at the opening session, signing the credentials of the U. S. Senators—the first case of the kind on record. C. E. Allen had been elected representative to Congress, and the Legislature at once selected Frank J. Cannon and Arthur Brown as United States Senators.

At the National Suffrage Convention in Washington, the evening of January 27 was devoted to welcoming Utah. Representative Allen and wife were on the platform. The Rev. Miss Shaw tendered the welcome of the association. Senator Cannon, who had just arrived in the city, responded declaring that woman was the power needed to reform politics. Mrs. Allen and Mrs. S. A. Boyer spoke of the courage and persistence of the women, and Mrs. Richards gave a graphic account of the faithful work done by the Utah Suffrage Association.

In January, 1897, Mrs. Wells attended the National Convention in Des Moines, Iowa, and described the first year's accomplishments to an appreciative audience.

On Oct. 30, 1899, Mrs. Carrie Chapman Catt, chairman of the National organization committee, and Miss Mary G. Hay, secretary, came to Salt Lake City on the homeward way from Montana, and a meeting was held in the office of the Woman's Exponent, Mrs. Wells in the chair and about twenty-five ladies present, all ardent suffragists. After due deliberation a committee was appointed, Mrs. Richards, chairman, Mrs. J. Fewson Smith, secretary, to work for suffrage in other States, especially Arizona. Subsequently this committee organized properly, adopted the name Utah Council of Women, and did all in their power to raise means and carry on the proposed work, and dues were sent to the national treasury.

In February, 1900, Mrs. Richards, president, and Mrs. Lucy A. Clark, delegate, went to Washington and took part in the National Convention and the celebration of Miss Anthony's eightieth birthday. On this occasion the Utah Silk Commission presented to her a handsome black silk dress pattern, which possessed an especial value from the fact that the raising of the silk worms, the spinning of the thread and all the work connected with its manufacture except the weaving was done by women.

During this year the Council of Women worked assiduously to make a creditable exhibit at the national suffrage bazar, Mrs. Mary T. Gilmer having personal charge of it in New York City.

LAWS: Dower and curtesy are abolished. The law reserves for the widow one-third of all the real property possessed by the husband free from his debts, but the value of such portion of the homestead as is set apart for her shall be deducted from this share. If either husband or wife die without a will leaving only one child or the lawful issue of one, the survivor takes one-half the real estate; if there are more than one or issue of one living, then one-third. If there is issue the survivor has one-half the personal estate. If none he or she is entitled to all the real and personal estate if not over $5,000 in value, exclusive of debts and expenses. Of all over that amount the survivor receives one-half and the parents of the deceased the other half in equal shares; if not living it goes to the brothers and sisters and their heirs.

Also the widow or widower is entitled to one-half the community property subject to community debts, and if there is no will, to the other half provided there are no children living.

A homestead not exceeding $2,000 in value and $250 additional for each minor child, together with all the personal property exempt from execution, shall be wholly exempt from the payment of the debts of decedent, and shall be the absolute property of the surviving husband or wife and minor children. This section shall not be construed to prevent the disposition by will of the homestead and exempt personal property.

A married woman has absolute control over her separate property and may mortgage or convey it or dispose of it by will without the husband's consent. The husband has the same right, but in conveying real estate which is community property, the wife's signature is necessary.

A married woman may engage in business in her own name and "her earnings, wages and savings become her separate estate without any express gift or contract of the husband, when she is permitted to receive and retain them and to loan and invest them in her own name and for her own benefit, and they are exempt from execution for her husband's debts." (1894.)

A married woman may make contracts, sue and be sued in her own name.

The father is the legal guardian of the children, and at his death the mother. The survivor may appoint a guardian.

Support for the wife may be granted by the court the same as alimony in divorce, if the husband have property in the State. If not there is no punishment for non-support. (1896.)

The "age of protection" for girls was raised from 10 to 13 years in 1888, and to 18 years in 1896. The penalty is imprisonment in the penitentiary not less than five years.

SUFFRAGE: The Territorial Legislature conferred the Full Suffrage on women in 1870, and they exercised it very generally until 1887 when they were deprived of it by Congress through what is known as the Edmunds-Tucker Act. Utah entered the Union in 1896 with Full Suffrage for women as an article of the State constitution.

That they exercise this privilege quite as extensively as men is shown by the following table prepared from the election statistics of 1900. It is not customary to make separate returns of the women's votes and these were obtained through the courtesy of Governor Wells, who, at the request of the Utah Council of Women, wrote personal letters to the county officials to secure them. Eleven of the more remote counties did not respond but those having the largest population did so, and, judging from previous statistics, the others would not change the proportion of the vote.

Counties. Registered. Voted.

Men. Women. Total. Men. Women. Total.

Salt Lake 14,083 13,328 27,411 13,102 12,802 25,904 Utah 5,921 5,922 11,843 5,649 5,650 11,299 Cache 3,112 3,210 6,322 2,946 3,085 6,031 Box Elder 1,759 1,548 3,307 1,677 1,466 3,143 Davis 1,175 1,327 2,502 1,133 1,277 2,410 Carbon 986 511 1,497 937 477 1,414 Uintah 851 683 1,534 796 622 1,418 Iron 743 672 1,415 708 646 1,354 Washington 690 752 1,442 690 752 1,442 Piute 409 264 673 399 246 645 Morgan 408 387 795 398 378 775 Rich 404 289 693 398 286 684 Wayne 342 302 644 318 309 627 Grand 285 135 420 263 129 392 Kane 280 341 621 219 285 504 San Juan 123 61 184 106 56 162

31,571 29,732 61,313 29,738 28,486 58,198

Total registration of men 31,571 " vote " " 29,738 Registered but not voting 1,833 Total registration of women 29,732 " vote " " 28,486 Registered but not voting 1,246

It will be seen that in five counties the registration and vote of women was larger than that of men, and in the State a considerably larger proportion of women than of men who registered voted. Women cast nearly 50 per cent. of the entire vote and yet the U. S. Census of this year showed that males comprised over 51 per cent. of the population.

All of the testimony which is given in the chapters on Wyoming, Colorado and Idaho might be duplicated for Utah. From Mormon and Gentile alike, from the press, from the highest officials, from all who represent the best interests of the State, it is unanimously in favor of suffrage for women. The evidence proves beyond dispute that they use it judiciously and conscientiously, that it has tended to the benefit of themselves and their homes, and that political conditions have been distinctly improved.[449]

OFFICE HOLDING: Governor Heber M. Wells at once carried into effect the spirit of the constitution, adopted in 1895, by appointing women on all State boards of public institutions where it was wise and possible. Two out of five places on the Board of the Deaf and Dumb Institute were given to women, Harriet F. Emerson and Dr. Martha Hughes Cannon.

The first Legislature, 1896, passed "An act for the establishment of sericulture" (raising of silk worms). Women had worked energetically to secure this measure, and it was appropriate that five of them, three Republican and two Democratic, should be appointed as a silk commission, Zina D. H. Young, Isabella E. Bennett, Margaret A. Caine, Ann C. Woodbury and Mary A. Cazier. Each was required to give a thousand-dollar bond. A later Legislature appropriated $1,000 per annum to pay the secretary.

Two women were appointed on the Board of Regents of the State University, Mrs. Emma J. McVicker, Republican and Gentile; Mrs. Rebecca E. Little, Democrat and Mormon. Both are still serving. Two were appointed Regents of the Agricultural College, Mrs. Sarah B. Goodwin and Mrs. Emily S. Richards.

At the close of the Legislature the Republican State Central Committee was reorganized; Mrs. Emmeline B. Wells was made vice-chairman, Miss Julia Farnsworth, secretary. The Democratic party was quite as liberal toward women and the feeling prevailed that at the next election women would be placed in various State and county offices. There were many women delegates in the county and also in the State conventions of both parties in 1896, and a number of women were nominated.

It was a Democratic victory and the women on that ticket were elected—Dr. Martha Hughes Cannon to the Senate, Eurithe Le Barthe and Sarah A. Anderson to the House; Margaret A. Caine, auditor of Salt Lake County; Ellen Jakeman, treasurer Utah County; Delilah K. Olson, recorder Millard County; Fannie Graehl (Rep.), recorder Box Elder County, and possibly some others.

In the Legislature of 1897, Mrs. Le Barthe introduced a bill forbidding women to wear large hats in places of public entertainment, which was passed. Dr. Cannon championed the measure by which a State Board of Health was created, and was appointed by the Governor as one of its first members. She had part in the defeat of the strong lobby that sought to abolish the existing State Board of Public Examiners, which prevents incompetents from practicing medicine. She introduced a bill compelling the State to educate the deaf, mute and blind; another requiring seats for women employes; what was known as the Medical Bill, by which all the sanitary measures of the State are regulated and put in operation; and another providing for the erection of a hospital for the State School of the Deaf, Dumb and Blind, carrying with it the necessary appropriation. All the bills introduced or championed by Dr. Cannon became laws. She served on the Committees on Public Health, Apportionment, Fish and Game, Banks and Banking, Education, Labor, etc.

At the close of their second term the Senate presented her with a handsome silver-mounted album containing the autographs of all the Senators and employes. She had drawn what is known as the long term, and at its close she was chosen to present a handsome gavel to the president of the Senate in behalf of the members. Thus far she has been the only woman Senator.

In 1899 Mrs. Alice Merrill Horne (Dem.), the third woman elected to the House, was appointed chairman of the State University Land Site Committee, to which was referred the bill authorizing the State to take advantage of the congressional land grant offered for expending $301,000 in buildings and providing for the removal of the State University to the new site. At a jubilee in recognition of the gift, held by the faculty and students, at which the Governor and Legislature were guests, Mrs. Horne was the only woman to make a speech and was introduced by President Joseph T. Kingsbury in most flattering terms for the work she had done in behalf of education. She championed the Free Scholarship Bill giving one hundred annual Normal School appointments, each for a term of four years; and one creating a State Institute of Art for the encouragement of the fine arts and for art in public school education and in manufactures, for an annual exhibition, a course of lectures and a State art collection, both of which passed. She was a member of committees on Art, Education, Rules and Insane Asylum; was the only member sent to visit the State Insane Asylum, going by direction of the Speaker of the House, as a committee of one, to surprise the superintendent and report actual conditions. Mrs. Horne was presented with a photographed group of the members of the House, herself the only woman in the picture.

The November election of 1900 was fraught with great interest to the women, as the State officials were to be elected as well as the Legislature, and they were anxious that there should be some women's names on the tickets for both the House and Senate, and that a woman should be nominated for State Superintendent of Public Instruction by both parties. For this office the Republican and the Democratic women presented candidates,—Mrs. Emma J. McVicker and Miss Ada Faust,—but both conventions gave the nomination to men. Meantime Dr. John R. Park, the superintendent, died suddenly and Gov. Wells appointed Mrs. McVicker as his successor for the unfinished term.

Mrs. J. Ellen Foster, of Washington, D. C. was sent to Utah by the Republican National Committee, and with Mrs. W. F. Boynton and others, made a spirited and successful campaign.

There never has been any scramble for office on the part of women, and here, as in the other States where they have the suffrage, there is but little disposition on the part of men to divide with them the "positions of emolument and trust." Only one woman was nominated for a State office in 1900, Mrs. Elizabeth Cohen for the Legislature, and she was defeated with the rest of the Democratic ticket. All of the women who have served in the Legislature have been elected by the Democrats.

Several women were elected to important city and county offices. In many of these offices more women than men are employed as deputies and clerks.

In 1900 Mrs. W. H. Jones was sent as delegate to the National Republican Convention in Philadelphia, and Mrs. Elizabeth Cohen to the Democratic in Kansas City, and both served throughout the sessions. This is the first instance of the kind on record, although women were sent as alternates from Wyoming to the National Republican Convention at Minneapolis in 1888.

Women are exempted from sitting on juries, the same as editors, lawyers and ministers, but they are not excluded if they wish to serve or the persons on trial desire them. None has thus far been summoned.

OCCUPATIONS: No profession or occupation is legally forbidden to women except that of working in mines.

EDUCATION: All of the higher institutions of learning are open to both sexes. In the public schools there are 527 men and 892 women teachers. The average monthly salary of the men is $61.42; of the women, $41.19.

* * * * *

Women in Utah always have been conspicuous in organized work. The National Woman's Relief Society was established at Nauvoo, Ills., in 1842, and transferred to Salt Lake City in 1848. It is one of the oldest associations of women in the United States—the oldest perhaps of any considerable size. It has over 30,000 members and is one of the valuable institutions of the State. The National Young Ladies' Mutual Improvement Association has 21,700 members and in 1900 raised $3,000 partly for building purposes and partly to help the needy.[450] There are also a State Council of Women, Daughters of the Pioneers, Daughters of the Revolution, Council of Jewish Women, etc. Thirty-three clubs belong to the National Federation but this by no means includes all of them.

FOOTNOTES:

[441] The History is indebted for this chapter to Mrs. Emmeline B. Wells of Salt Lake City, editor of the Woman's Exponent, and president of the Territorial Association during the campaign when Full Suffrage was secured. Valuable assistance has been rendered by Mrs. Emily S. Richards of that city, vice-president during the same period.

[442] Committee: Lillie Devereux Blake of New York, Virginia L. Minor of St. Louis, Harriet R. Shattuck of Boston, May Wright Sewall of Indianapolis and Ellen H. Sheldon of Washington, D. C.

[443] Committee: Lillie Devereux Blake, Matilda Joslyn Gage, Caroline Gilkey Rogers and Mary Seymour Howell, of New York; Clara B. Colby, Nebraska; Sarah T. Miller, Maryland; Elizabeth Boynton Harbert, Illinois; Harriet R. Shattuck, Massachusetts, and Louisa Southworth, Ohio.

[444] The officers elected were: President, Margaret N. Caine; vice-presidents, Lydia D. Alder, Nellie R. Webber, Priscilla J. Riter; secretary, Cornelia N. Clayton; corresponding secretary, Charlotte I. Kirby; treasurer, Margie Dwyer; executive committee, Maria V. Dougall, Nettie Y. Snell, Ann E. Groesbeck, Phoebe Y. Beatie and Jennie Rowe.

[445] Vice-presidents, Mrs. Richards, Ann D. Groesbeck and Caroline E. Dye; recording secretary, Rachel Edwards; corresponding secretary, Julia C. Taylor; treasurer, Margie Dwyer; executive committee, Cornelia H. Clayton, Margaret Mitchell, Nellie Little, Theresa Hills and May Talmage.

[446] Mesdames Richards, Young, Bennett, G. S. Carlton, J. S. Gilmer, Romania B. Pratt, Phebe Y. Beatie, Amelia F. Young, Martha H. Cannon, C. E. Allen, Emma McVicker, Ruth M. Fox, Priscilla Jennings, Lillie Pardee and Martha Parsons.

[447] Hon. J. F. Chidester, chairman; A. S. Anderson, Joseph E. Robinson, Parley Christianson, Peter Lowe, James D. Murdock, Chester Call, Andreas Engberg, A. H. Raleigh, William Howard, F. A. Hammond, S. R. Thurman. In addition to this committee those who sustained the women and pleaded their cause were Messrs. Richards, Whitney, Evans, Cannon, Murdock, Rich, Hart, Ivins, Snow, Robinson, Allen, Miller, Farr, Preston, Maeser and Wells. There were others, but these were the foremost.

[448] Mr. Roberts was elected to Congress on the Democratic ticket in 1900, although strenuously opposed by the women of Utah, irrespective of politics, but largely owing to the vigorous protests of the women of the whole United States, he was not permitted to take his seat. [Eds.

[449] See Appendix—Testimony from Woman Suffrage States.

[450] In 1889 Mrs. Susa Young Gates established the Young Woman's Journal, a monthly magazine, as the organ of this association, although it was for eight years financially a private enterprise. The president, Mrs. Elmina S. Taylor, was her constant help and inspiration. The first year Mrs. Lucy B. Young, mother of the editor, then past sixty, took her buggy and traveled over Utah explaining the venture and securing subscriptions. Two thousand numbers a year were published. Of late years the business managers have been women. In 1897 Mrs. Gates made over the magazine to the association without any consideration, but was retained as editor. There were at this time practically no debts and 7,000 subscribers, which later were increased to 10,000.



CHAPTER LXVII.

VERMONT.[451]

Much credit is due to the New England Woman Suffrage Association for the life and efficiency of the Vermont society. In 1883 this organization secured the services of Mrs. Hannah Tracy Cutler of Illinois for a series of lectures. At the close of these, and pursuant to a call signed by twenty-five citizens, a convention was held at St. Johnsbury, November 8, 9, when, with the aid of Lucy Stone and Henry B. Blackwell, editors of the Woman's Journal, Mrs. Julia Ward Howe of Massachusetts, and Mrs. Cutler, the State W. S. A. was formed.[452]

In over seventy towns and villages local committees have been appointed to distribute literature, circulate petitions and further the general plans of work. For the past two years the editors have been supplied with suffrage papers weekly or fortnightly.

Lecture trips have been arranged for the Rev. Anna Howard Shaw, vice-president-at-large of the National Association, Mrs. Zerelda G. Wallace of Indiana, the Rev. Ada C. Bowles, the Rev. Louis A. Banks, Miss Alice Stone Blackwell, Miss Diana Hirschler, Miss Ida M. Buxton, of Massachusetts, and Mrs. M. L. T. Hidden. Eighty appointments have been filled by Miss Mary N. Chase, A. B. Thirty conventions have been held at which valuable aid has been rendered by Mr. and Miss Blackwell, Miss Shaw, Mrs. Howe, Mrs. Mary A. Livermore and Mrs. Carrie Chapman Catt, chairman of the national organization committee.[453]

LEGISLATIVE ACTION AND LAWS: Harvey Howes of West Haven was the only man in a convention called to amend the State constitution in 1870, who voted to grant full political rights to women; 233 voted in opposition.

To secure to taxpaying women the right of Municipal Suffrage, has been the special line of legislative work for the State association. Petitions asking for this, with signatures varying in number from 1,225 to 3,616, and bills to grant it, have been presented in both Houses of the Legislature at nine biennial sessions, beginning with 1884. In every instance save one these have been referred to the Judiciary Committees.

In 1884 a Municipal Suffrage Bill was introduced into the House by O. E. Butterfield and supported by himself and Messrs. Adams, Henry, Stickney and others, but was lost by 69 yeas, 113 nays.

In 1886 a bill to permit all women to vote who paid taxes was introduced and strongly advocated in the House by Luke P. Poland. It was amended without his consent to require that they should pay taxes on $200 worth of property, and passed by 139 yeas, 89 nays. In the Senate it was championed by Messrs. Bates, Blake, Bunker, Clark, Cushing, Foster, Pierce, Smith, Stanley and Swain, but was lost by 10 yeas, 18 nays.

In 1888 a Municipal Suffrage Bill was introduced into the House by C. P. Marsh, chairman of the Judiciary Committee, that gave a hearing at which the State W. S. A. was represented. Later, at a public hearing in Representatives' Hall, Henry B. Blackwell, Prof. W. H. Carruth of Kansas, Col. Albert Clarke, Mrs. Mary W. Foster and Miss Laura Moore urged the passage of this bill. It was reported to the House "without expression of opinion." The friendly members on the committee were Messrs. Marsh, Ballard and Mann. In the debate which followed, these three, with Messrs. Southworth and Dole, supported the bill; and a letter was read from Amasa Scott, presenting arguments in its favor. It was lost by 38 yeas, 192 nays.

Still later in this session a petition signed by the officers of the State association asking that "property owned by women be exempt from taxation," was presented in the House; as was also a bill by Hosea Mann providing that, "The property, both real and personal, owned by women shall be exempt from taxation, except for school purposes." This was defeated without debate.

In 1890 a Municipal Suffrage Bill was introduced into the House by Mr. Mann and favorably reported by the Judiciary Committee, with reasons given "why the bill ought to pass," signed by Messrs. Thompson, Darling, Enright, Mann, Robinson and Smith of St. Albans. It was advocated by them, Smith of Royalton and others, but was lost by 99 yeas, 113 nays.

During this session a bill to incorporate the Vermont W. S. A., was introduced into the Senate by S. E. Grout. It was favorably reported from the General Committee, but was refused passage without debate by 8 yeas, 10 nays.

In 1892 Wendell Phillips Stafford introduced the Municipal Suffrage Bill into the House; it was made a special order and was championed by Messrs. Stafford, Booth, Darling, Enright, Martin, Taylor, Weston and others, and was passed by 149 yeas, 83 nays. When it reached the Senate it was reported from the Judiciary Committee with a weighty amendment, and a third reading was refused by 18 yeas, 10 nays.

At this session Gov. Levi K. Fuller in his address, under the heading of Municipal Suffrage, called attention to this question and advised "giving the matter such consideration as in your judgment it may warrant."

In 1894 the bill was introduced again into the House by Hosea Mann, who advocated and voted for this measure in four sessions of the Legislature. Four members of the Judiciary Committee were favorable—Messrs. Ladd, Lord, Lawrence and Stone. Its champions were Messrs. Mann, Burbank, Bridgeman, Butterfield, Fuller, Peck, Paddock, Smith of Morristown, Vance and others. It was defeated by 106 yeas, 108 nays.

In 1896, for the first time, a Municipal Suffrage Bill was introduced into the Senate, by Joseph B. Holton. It was reported favorably by the committee; ordered to a third reading with only one opposing voice; advocated by Messrs. Holton, Hulburd, Merrifield and Weeks, and passed without a negative vote. When the bill reached the House it was reported from the Judiciary Committee "without recommendation." It was supported by Speaker Lord, Messrs. Bates, Bunker, Childs, Clark, Haskins, McClary and others, but a third reading was refused by 89 yeas, 135 nays.

In 1898 petitions for Municipal Suffrage signed by 2,506 citizens were presented to the Legislature and a bill was introduced into the House by E. A. Smith. This was reported by an unfriendly chairman of the Judiciary Committee at a time when its author was not present, and was lost without the courtesy of a discussion.

In 1900, petitions for Municipal Suffrage for Women Taxpayers were presented to the Senate; a bill was introduced by H. C. Royce, and at a hearing granted by the Judiciary Committee Henry B. Blackwell, L. F. Wilbur, the Hon. W. A. Lord and Mrs. E. M. Denny gave arguments for it. Adverse majority and favorable minority reports were presented by the committee. By request of Messrs. Royce and Brown, the bill was made a special order, when it was advocated by Messrs. Royce and Leland; but a third reading was refused by 13 yeas, 15 nays. Later in this session, a petition signed by the officers of the State W. S. A., asking that "women, who are taxpayers, be exempt from taxation, save for school purposes," was presented to the Senate. This was, by the presiding officer, referred to the Committee on the Insane.

The names of all members voting for suffrage bills have been preserved by the State association. The names of the opponents pass into oblivion with no regrets.

In 1900 a bill was presented, for the second time, by the Federation of Clubs, providing for women on the boards of State institutions where women or children are confined, but it was killed in committee.

In 1884 the law granting to married women the right to own and control their separate property and the power to make contracts, was secured through the efforts of the Hon. Henry C. Ide, now United States Commissioner in the Philippines. Since 1888 their wages have belonged to them.

Dower and curtesy were abolished by the Legislature of 1896. Where there are no children the widow or the widower takes in the estate of the deceased $2,000 and one-half of the remainder, the other half going to the relatives of the deceased. If there are children, the widow takes absolutely one-third of the husband's real estate (homestead of the value of $500 included) and one-third of his personal property after payment of debts; the widower takes one-third of the wife's real estate absolutely, but does not share in her personal property.

The Court of Chancery may authorize a wife to convey her separate property without the signature of her husband. The husband can mortgage or convey all his separate property without the wife's signature, except her homestead right of $500.

The law equalizing the division of property to the fathers and mothers of children dying without wills, was secured by Representative T. A. Chase in 1894.

Senator O. M. Barber, now State auditor, was the author, in the same year, of the law allowing a married woman to be appointed executor, guardian, administrator or trustee.

The father is the legal guardian and has custody of the persons and education of minor children. He may appoint by will a guardian even for one unborn. (Code, 1894.)

If the husband fail to support his wife the court may make such decision as it thinks called for, and the town may recover from a husband who deserted his wife and children, leaving them a charge upon it for one year previous to the time of action.

A married woman deserted or neglected by her husband "may make contracts for the labor of her minor children, shall be entitled to their wages, and may in her own name sue for and recover them."

In 1886 the "age of protection" for girls was raised from 10 to 14 years. In 1898 it was raised to 16 years. The penalty is imprisonment in the penitentiary not more than twenty years or a fine not exceeding $2,000, or both, at the discretion of the court. No minimum penalty is named.

SUFFRAGE: Women have the same right as men to vote on all questions pertaining to schools and school officers in cities, towns and graded school districts; and the same right to hold offices relating to school affairs. This law, which had been enacted in 1880 and applied to "school meetings," was re-enacted when the "town system" was established in 1892, and gave women the right to vote on school matters in the town meetings.

OFFICE HOLDING: Since 1880 "women 21 years of age" may be elected to the office of town clerk, and to all school offices.

In 1900 thirteen women were elected town clerks; six were serving as school directors, eighty-four as county superintendents and seventy-five as postmasters, according to the Vermont Register, which is not always complete.

Women sit on the State Board of Library Commissioners. In 1900 they were made eligible to serve as trustees of town libraries.

This year also a law making women eligible to the office of notary public was secured by Representative J. E. Buxton.

OCCUPATIONS: No profession or occupation is legally forbidden to women.

EDUCATION: Equal advantages are accorded to both sexes in all the colleges, except that the State University, at Burlington, does not admit women to its Medical Department.

In 1888, Dr. E. R. Campbell, president of the society, reported as follows: "The Vermont Medical Society opens wide its doors to admit women, and bids them welcome to all its privileges and honors, on an equal basis with their brother physicians."

In the public schools there are 509 men and 3,289 women teachers. The average monthly salary of the men is $41.23; of the women, $25.04.

* * * * *

Progressive steps have been taken in the churches of most denominations. In 1892, for the first time, women were elected as delegates to the annual State Convention of the Congregational Churches. In 1900 there were fifteen accredited women delegates in the convention. The Domestic Missionary Society, an ally of this church, has employed sixteen women during the past year as "missionaries," to engage in evangelistic work in the State.

The Vermont Conference of the Methodist Episcopal Church, although it does not admit women to its membership, has passed resolutions five times in the last ten years, indorsing equal rights, and has petitioned the Legislature to grant them Municipal Suffrage. For this credit is due to the Rev. George L. Story and the Rev. L. L. Beeman.

The Free Baptist Church passed a resolution declaring unequivocally for the Christian principle of political equality for women at its Yearly Meeting in 1889. That year, for the first time in its history, it sent a woman delegate to the General Conference.

A similar resolution was passed at a meeting of the Northern Association of Universalists, later in the same year. This church admits women to equal privileges in its conventions and its pulpits. This is also true of the Unitarian Church.

The annual meeting of the State Grange in 1891 adopted this resolution: "We sympathize with and will aid any efforts for equal suffrage regardless of sex."

All the political parties have been urged to indorse woman suffrage. The Prohibitionists did so in their annual convention of 1888. At the Republican State Convention that year the Committee on Resolutions, through its chairman, Col. Albert Clarke, presented the following, which was adopted: "True to its impulses, history and traditions of liberty, equality and progress, the Republican party in Vermont will welcome women to an equal participation in government, whenever they give earnest of desire in sufficient numbers to indicate its success."

FOOTNOTES:

[451] The History is indebted for this chapter to Miss Laura Moore of Barnet, who has been secretary of the State Woman Suffrage Association for seventeen years.

[452] The following have been presidents: Mrs. M. L. T. Hidden, C. W. Wyman, Mrs. M. E. Tucker, the Hon. Hosea Mann, Willard Chase, Mrs. A. D. Chandler, L. F. Wilbur, Mrs. P. S. Beeman, the Rev. George L. Story, Miss Elizabeth Colley, A. M.

Among those who have served on the executive board are Mesdames L. E. Alfred, A. F. Baldwin, F. W. Brown, A. M. W. Chase, E. L. Corwin, C. J. Clark, L. D. Dyer, P. R. Edes, M. W. Foster, C. D. Gallup, S. F. Leonard, Emma J. Nelson and Julia A. Pierce; Misses Clara Eastman, O. M. Lawrence, Laura Moore, Julia E. Smith and Mary E. Spencer; the Hon. Chester Pierce, Col. Albert Clarke, Dudley P. Hall and G. W. Seaver.

[453] Some of those who have rendered excellent service to the cause are Mesdames Clara Bailey, Lucia G. Brown, M. A. Brewster, Inez E. Campbell, H. G. Minot, G. E. Moody, Harriet S. Moore, Emily E. Reed, Clinton Smith, Mary H. Semple, Anna E. Spencer, L. B. Wilson and Jane Marlette Taft; Misses Caroline Scott, Eliza S. Eaton and I. E. Moody; the Rev. Mark Atwood, L. N. Chandler, Editor Arthur F. Stone and ex-Gov. Carroll S. Page.



CHAPTER LXVIII.

VIRGINIA.

As early as 1870 and 1871 Miss Susan B. Anthony, Mrs. Matilda Joslyn Gage of New York and Mrs. Paulina Wright Davis of Rhode Island lectured on woman suffrage in Richmond. There has been, however, very little organized effort in its behalf, although the movement has many individual advocates. Since 1880 the State has been represented at the national conventions by Mrs. Orra Langhorne, who has been its most active worker for twenty years. Other names which appear at intervals are Miss Etta Grimes Farrar, Miss Brill and Miss Henderson Dangerfield. A few local societies have been formed, and in 1893 a State Association was organized, with Mrs. Langhorne as president and Mrs. Elizabeth B. Dodge as secretary and treasurer. Its efforts have been confined chiefly to discovering the friends of the movement, distributing literature and securing favorable matter in the newspapers. The Richmond Star is especially mentioned as a champion of the enfranchisement of women. In 1895 Miss Anthony, president of the National Association, on her way home from its convention in Atlanta, addressed a large audience at the opera house in Culpeper. Later this year Miss Elizabeth Upham Yates of Maine spoke in the same place. Mrs. Ruth D. Havens of Washington, D. C., lectured on The Girls of the Future before the State Teachers' Normal Institute.

LEGISLATIVE ACTION AND LAWS: Petitions have been sent to the Legislature from time to time, by the State association and by individuals for woman suffrage with educational qualifications, the opening of State colleges to women, the appointment of women physicians in the prisons and insane asylums, women on school boards, proper accommodations in jails for women prisoners and the separation of juvenile offenders from the old and hardened. None of these ever has been acted upon.

In 1898 a bill to permit women to serve as notaries public was vetoed by the Governor as unconstitutional.

Dower and curtesy both obtain. The wife inherits a life interest in one-third of the real estate. If there are children she has one-third of the personal property absolutely; if none, one-half. The husband inherits all of the wife's personal property whether there are children or not, and the entire real estate for life if there has been issue born alive. If this has not been the case he has no interest in the wife's separate real estate. The homestead, to the value of $2,000, is exempted for the wife.

By Act of 1900, a married woman may dispose as though unmarried of all property heretofore or hereafter acquired. She can sell her personal property without her husband's uniting. He has the same right. She can sell her land without his uniting, but unless he does so, if curtesy exist, he will be entitled to a life estate. Unless the wife unites with the husband in the sale of his real estate, she will be entitled to dower.

By the above Act a married woman may contract and be contracted with, sue and be sued, in the same manner and with the same consequences as if she were unmarried, whether the right or liability asserted by or against her accrued before or after the passage of the act. The husband is not responsible for any contract, liability or tort of the wife, whether the liability was incurred or the tort was committed before or after marriage.

There has been no decision as to the wages of a married woman since the above Act; but it is believed they would be held to belong to her absolutely, even if not engaged in business as a sole trader.

The father is the legal guardian of the minor children, and may appoint a guardian for such time as he pleases.

The husband is liable for necessaries for the support of the family, and can be sued therefor by any one who supplies them.

The "age of protection" for girls was raised from 12 to 14 years in 1896. The penalty is death or imprisonment in the penitentiary not less than five nor more than twenty years.

SUFFRAGE: Women possess no form of suffrage.

OFFICE HOLDING: No offices are filled by women except that there is one physician at the Western Insane Asylum and, through the efforts of the Woman's Christian Temperance Union, a matron in the woman's ward of the State prison.

Women are employed as clerks in various county offices. They can not serve as notaries public.

OCCUPATIONS: Under the ruling of the courts, a woman can not practice law. No other profession or occupation is legally forbidden to women.

EDUCATION: For the higher education the women of Virginia must go outside of their State.[454] The State Superintendent of Free Schools and the Secretary of the State Board of Education both express great regret at this fact, and the hope that all institutions of learning will soon be opened to them. Secretary Frank P. Brent says:

We have as yet no women acting as school superintendents or members of school boards, but I feel sure the Constitutional Convention will make women eligible to one or both of these positions.

Last year I had the honor to decide that in matters pertaining to the educational affairs of this State, the wife may be regarded as the head of the family, although the husband is living; and this decision has just been reaffirmed by the United States Court of Appeals.[455]

Women are admitted to several of the smaller colleges. The Randolph-Macon College in Ashland, and the Woman's College at Lynchburgh, both under the same presidency, rank well among institutions for women only. Miss Celestia C. Parrish is vice-president. Hampton Institute, for negroes and Indians, is co-educational.

The public schools make no distinction of sex. There are 2,909 men and 5,927 women teachers. The average monthly salary of the men is $32.09; of the women, $26.39.

FOOTNOTES:

[454] The State Universities are closed to women only in Virginia, Georgia and Louisiana, and the undergraduate departments in North Carolina.

[455] The decision of the court was "When an intelligent, active, industrious, frugal woman finds she has married a man who, instead of coming up to the standard of a husband, is a mere dependent ... and leaves to her the support of the family, it would be contradictory of fact and an absurd construction of the law to say that he, and not she, is the head of the family."

This is believed to be the first legal decision of the kind and has created wide discussion.



CHAPTER LXIX.

WASHINGTON.[456]

The history of woman suffrage in Washington begins with the passage of a bill by the Legislature, giving women the full rights of the ballot on the same terms as men, which was approved Nov. 23, 1883, by the Territorial Governor, William A. Newell. This was due principally to the efforts of a few individuals, both men and women, as there was no organization.[457]

The municipal elections of the following spring brought the first opportunity to exercise the newly-acquired right. The women evinced their appreciation of it by casting 8,368 ballots out of the whole number of 34,000, and the leading papers testified to the widespread acknowledgment of the strength and moral uplift of their vote.

The general election of November, 1884, naturally showed a larger vote by both men and women, the latter casting 12,000 out of the 48,000 ballots. It was estimated at this time that there were less than one-third as many women as men in the Territory. When the scattered population, the long distances and the difficulties of travel are taken into consideration it must be admitted that women took the largest possible advantage of the recently granted privileges.

For the next two years they continued to use the franchise with unabated zeal, and newspapers and public speakers were unanimous in their approval. In a number of instances the official returns, during the three-and-a-half years they possessed the suffrage, exhibited a larger percentage of women voting than of men. Chief Justice Roger S. Greene of the Supreme Court estimated that at the last election before they were disfranchised four-fifths of all the women in the Territory went to the polls.

Many women have remarked upon the increased respect and courtesy of the men during this period. Mrs. Elizabeth Matthews, who removed from New Orleans to Port Townsend in 1885, states that, although accustomed from babyhood to the deferential gallantry of the men of the South, she never had dreamed that any women in the world were receiving such respectful consideration as she found in Washington Territory at that time. The political parties realized the necessity of putting their best men to the front, and it was fully conceded that ethics had become a factor in politics.

Prior to the Legislature of 1886 some discussion arose as to the constitutionality of the Equal Suffrage Law, and, in order to remove all doubt, a strengthening Act was passed, which was approved by Gov. Watson C. Squire, November 29.

On Feb. 3, 1887, the case of Harlan vs. Washington came before the Territorial Supreme Court. Harlan had been convicted of carrying on a swindling game by a jury composed of both men and women, and he contested the verdict on the ground that women were not legal voters. The Supreme Court, whose personnel had been entirely changed through a new Presidential administration, decided that the law conferring the elective franchise upon them was void because it had not been fully described in its title. This decision also rendered void nineteen other laws which had been enacted under the same conditions.

The members of the next Legislature had been elected so long before the rendering of this decision that their seats could not be contested; and as their election had been by both men and women they were determined to re-establish the law which the Supreme Court had ruthlessly overthrown. Therefore the Equal Suffrage Law was re-enacted, perfectly titled and worded, and was approved by Gov. Eugene Semple, Jan. 18, 1888.

The members of a convention to prepare a State constitution were soon to be chosen, and the opponents of woman suffrage were most anxious to have the question considered by the Supreme Court before the election of the delegates. They arranged that the judges of the spring municipal election in a certain precinct should refuse to accept the vote of a Mrs. Nevada Bloomer, the wife of a saloon-keeper and herself an avowed opponent of woman suffrage. This was done on April 3, and she brought suit against them. The case was rushed through, and on August 14 the Supreme Court decided that the Act of January 18 was invalid, as a Territorial Legislature had no right to enfranchise women, and that in consequence the Equal Suffrage Law was void. The Judges responsible for this decision were Associate Justices George Turner and William G. Langford.

The very Act of Congress which organized the Territory of Washington stated explicitly that, at elections subsequent to the first, all persons should be allowed to vote upon whom the Territorial Legislature might confer the elective franchise.

By the organic act under which all the Territories were formed women had been voting in Wyoming since 1869 and in Utah since 1870. The arbitrary disfranchisement of the women of the latter by Congress in 1887 demonstrated that this body did have supreme control over suffrage in the Territories, and therefore unimpeachable power to authorize their Legislatures to confer it on women, as had been done by that of Washington. There never was a more unconstitutional decision than that of this Territorial Supreme Court. Congress should have refused to admit the Territory until women had voted for delegates to the constitutional convention and on the constitution itself.[458]

Without doubt the Supreme Court of the United States would have reversed the decision of the Territorial Court, but Mrs. Bloomer refused to allow the case to be appealed, and no one else had authority to do so.

As the women were thus illegally restrained from voting for delegates, the opponents of their enfranchisement were enabled to elect a convention with a majority sufficient to prevent a woman suffrage clause in the constitution for Statehood.

Henry B. Blackwell, corresponding secretary of the American W. S. A., came from Massachusetts to assist in securing such a clause. After a long discussion as to whether he should be permitted to address the convention, both sides agreed that the delegates should be invited to hear him in Tacoma Hall. His address was highly praised even by newspapers and persons opposed to equal suffrage. Four days later, with Judge Orange J. Jacobs and Mrs. Elizabeth Lyle Saxon, he was granted a hearing before the Suffrage Committee of the convention.

The question of incorporating woman suffrage in the new State constitution was debated at intervals from Aug. 9 to 15, 1889. The fight for the measure was led by Edward Eldridge and W. S. Bush. In a long and able argument Mr. Eldridge reviewed the recent decision of the Supreme Court and made an eloquent plea for justice to women. Substitutes granting to women Municipal Suffrage, School Suffrage, the right to hold office, the privilege of voting on the constitution, all were defeated. Finally a compromise was forced by which it was agreed to submit a separate amendment giving them Full Suffrage, to be voted on at the same time as the rest of the constitution, women themselves not being allowed to vote upon it.[459]

Only two-and-a-half months remained before election, the women were practically unorganized, there were few speakers, no money, and the towns were widely scattered. Miss Matilda Hindman of Pennsylvania and Mrs. Clara Bewick Colby of Washington, D. C., editor of the Woman's Tribune, came on and canvassed the State. Both were effective speakers and they received as much local assistance as possible, but all the money and influence which could be commanded by the disreputable element that had suffered from the woman's vote were brought to bear against the amendment, and its defeat was inevitable.