FOOTNOTES:

"The National Grange, which has indorsed woman suffrage for so many years, adopted the resolutions and petitions.

"At the Federation of Commercial Schools of the United States and Canada, which met in Chicago, my letter was read, the question was thoroughly discussed and the suffrage petitions were adopted almost unanimously.

"The Columbia Catholic Summer School, held at Detroit, gave a hearing to our national president, Mrs. Chapman Catt, at which she is said to have made many converts. A strong suffrage speech was made by the Rev. Father W. J. Dalton, and other prominent members expressed themselves in favor.

"The contents of my letters to religious and educational bodies can readily be imagined, and one which was sent to the United States Brewers' Association, in convention at Atlantic City, N. J., may be cited as an example of the subject-matter of those to other organizations:

Gentlemen: As chairman of the committee appointed by our National Suffrage Association to address letters to the large conventions held this year, allow me to bring before you the great need of the recognition of women in all of the rights, privileges and immunities of United States citizenship.Though your association has for its principal object the management of the great brewing interests of this country, yet I have noted that you have adopted resolutions declaring against woman suffrage. I therefore appeal to you, since the question seems to come within the scope of your deliberations, to reverse your action this closing year of the century, and declare yourselves in favor of the practical application of the fundamental principles of our Government to all the people—women as well as men. Whatever your nationality, whatever your religious creed, whatever your political party, you are either born or naturalized citizens of the United States, and because of that are voters of the State in which you reside. Will you not, gentlemen, accord to the women of this nation, having the same citizenship as yourselves, precisely the same privileges and powers which you possess because of that one fact?The only true principle—the only safe policy—of a democratic-republican government is that every class of people shall be protected in the exercise of the right of individual representation. I pray you, therefore, to pass a resolution in favor of woman suffrage, and order your officers, on behalf of the association, to sign a petitionto Congress for this purpose, and thereby put the weight of your influence on the side of making this Government a genuine republic.Should you desire to have one of our best woman suffrage speakers address your convention, if you will let me know as soon as possible, I will take pleasure in arranging for one to do so.

Though your association has for its principal object the management of the great brewing interests of this country, yet I have noted that you have adopted resolutions declaring against woman suffrage. I therefore appeal to you, since the question seems to come within the scope of your deliberations, to reverse your action this closing year of the century, and declare yourselves in favor of the practical application of the fundamental principles of our Government to all the people—women as well as men. Whatever your nationality, whatever your religious creed, whatever your political party, you are either born or naturalized citizens of the United States, and because of that are voters of the State in which you reside. Will you not, gentlemen, accord to the women of this nation, having the same citizenship as yourselves, precisely the same privileges and powers which you possess because of that one fact?

The only true principle—the only safe policy—of a democratic-republican government is that every class of people shall be protected in the exercise of the right of individual representation. I pray you, therefore, to pass a resolution in favor of woman suffrage, and order your officers, on behalf of the association, to sign a petitionto Congress for this purpose, and thereby put the weight of your influence on the side of making this Government a genuine republic.

Should you desire to have one of our best woman suffrage speakers address your convention, if you will let me know as soon as possible, I will take pleasure in arranging for one to do so.

"This was read to the convention, and the secretary, Gallus Thomann, thus reported its action to me:

Mr. Obermann [ex-president of the association and one of the trustees] voicing the sentiments of the delegates, spoke as follows: "Miss Susan B. Anthony is entitled to the respect of every man and woman in this country, whether agreeing with her theories or not. I think it but fair and courteous to her that the secretary be instructed to answer that letter, and to inform Miss Anthony that this is a body of business men; that we meet for business purposes and not for politics. Furthermore, that she is mistaken and misinformed so far as her statement is concerned that we have passed resolutions opposing woman suffrage.We have never taken such action at any of our conventions or on any other occasion.I submit this as a motion."The motion was unanimously adopted, and that part of Mr. Obermann's remarks which related to the respect due Miss Anthony was loudly and enthusiastically applauded.To the sentiment thus expressed, permit me, dear Miss Anthony, to add personally the assurance of my highest esteem.

The motion was unanimously adopted, and that part of Mr. Obermann's remarks which related to the respect due Miss Anthony was loudly and enthusiastically applauded.

To the sentiment thus expressed, permit me, dear Miss Anthony, to add personally the assurance of my highest esteem.

"Among the results of the work with State conventions it may be mentioned that the Georgia Federation of Labor, the Minnesota Federation of Labor, the State Teachers' Association of Washington and the New York State Grange signed the petitions and passed the resolutions.

"As another branch of the work, copies of these two petitions were sent to each of the forty-five States and three Territories, with letters asking the suffrage presidents, where associations existed, and prominent individuals in the few States where they did not, to make two copies of each petition on their own official paper, sign them on behalf of the suffragists of the State, and return them to me to be sent to the members of Congress from the respective districts. This was done almost without exception and these petitions were presented by various members, one copy in the Senate and one in the House. Of all the State petitions, the most interesting was that of Wyoming, which, in default of a suffrage association (none being needed) was signed by every State officer, from the Governor down, by severalUnited States officials, and by many of the most influential men and women. With it came a letter from the wife of ex-U. S. Senator Joseph M. Carey, who collected these names, saying the number was limited only by the brief space of time allowed.

"In all, more than two hundred petitions for woman suffrage from various associations were thus sent to Congress in 1900, representing millions of individuals. Many cordial responses were received from members, and promises of assistance should the question come before Congress, but there is no record of the slightest attempt by any member to bring it before that body.

"In doing this work I wrote fully a thousand letters to associations and individuals, in all of which I placed some of our best printed literature. There was a thorough stirring up of public sentiment which must have definite results in time, for it should not be forgotten that in addressing conventions we appeal to the chosen leaders of thought and work from many cities and States, and so set in motion an ever-widening circle of agitation in countless localities."

A most valuable means of educating public sentiment is the securing of a Woman's Day at Chautauqua Assemblies and State and county fairs, when good speakers present the "woman question" in its various phases, including always the need for enfranchisement. The Rev. Anna Howard Shaw and Mrs. Chapman Catt, the leading orators of the country, have addressed Chautauquas in all parts of the United States, as well as countless other large gatherings which have no connection with suffrage, being thus enabled to propagate the principle over a vast area. It can be seen from the above résumé that the ground of effort is widely extended and that the harvest is ripening, but alas, there is a constant repetition of the old, old cry, "The laborers are few." One can only repeat what has often been said, that never before were such results as can be seen on every hand in the improved conditions for women and the advanced public sentiment in favor of a full equality of rights, accomplished by so small a number of workers and under such adverse conditions. Perhaps this will continue to be said even unto the end, but their labors will know neither faltering nor cessation until the original object, as announced over fifty years ago, has been attained, viz.: the full enfranchisement of women.

FOOTNOTES:[147]See Life and Work of Susan B. Anthony, p. 723.[148]For the names of the women who have addressed the National Conventions and Resolutions Committees of the various parties in the effort to obtain an indorsement of woman suffrage, and for a full account of their reception, of the memorials presented and the results which followed, the reader is referred to theHistory of Woman Suffrage, Vol. II, pp. 340and517;Vol. III, pp. 22and177; and for many personal incidents, to the Life and Work of Susan B. Anthony in the chapters devoted to the years of the various presidential nominating conventions, beginning with 1868.Mrs. Lillie Devereux Blake, from the National Suffrage Association, and Henry B. Blackwell and Mrs. J. Ellen Foster, as Republicans, presented the question to the Resolutions Committee of the National Republican Convention of 1896 in St. Louis, above referred to; Dr. Julia Holmes Smith, accompanied by a committee of ladies, to that of the National Democratic Convention in Chicago that year.[149]Miss Anthony sent a special letter to each of these bodies worded to appeal particularly to the interests it represented.[150]For the answer to this petition seeChap. XIX.

[147]See Life and Work of Susan B. Anthony, p. 723.

[148]For the names of the women who have addressed the National Conventions and Resolutions Committees of the various parties in the effort to obtain an indorsement of woman suffrage, and for a full account of their reception, of the memorials presented and the results which followed, the reader is referred to theHistory of Woman Suffrage, Vol. II, pp. 340and517;Vol. III, pp. 22and177; and for many personal incidents, to the Life and Work of Susan B. Anthony in the chapters devoted to the years of the various presidential nominating conventions, beginning with 1868.Mrs. Lillie Devereux Blake, from the National Suffrage Association, and Henry B. Blackwell and Mrs. J. Ellen Foster, as Republicans, presented the question to the Resolutions Committee of the National Republican Convention of 1896 in St. Louis, above referred to; Dr. Julia Holmes Smith, accompanied by a committee of ladies, to that of the National Democratic Convention in Chicago that year.

Mrs. Lillie Devereux Blake, from the National Suffrage Association, and Henry B. Blackwell and Mrs. J. Ellen Foster, as Republicans, presented the question to the Resolutions Committee of the National Republican Convention of 1896 in St. Louis, above referred to; Dr. Julia Holmes Smith, accompanied by a committee of ladies, to that of the National Democratic Convention in Chicago that year.

[149]Miss Anthony sent a special letter to each of these bodies worded to appeal particularly to the interests it represented.

[150]For the answer to this petition seeChap. XIX.

The preceding chapters have been devoted principally to efforts made in behalf of women by the National-American Suffrage Association through its conventions, committees, officers, speakers, organizers and members. Contemporaneous with this line of action there has been for a number of years a similar movement in the respective States carried forward through their associations auxiliary to the National, their committees, officers, speakers, organizers and individual membership. Each of the two divisions has been largely dependent upon the other, the States forming the strength of the national body, the latter extending assistance to the States whenever a special campaign has been at hand or help has been needed in organizing, convention or legislative work. The following chapters are confined wholly to the situation in the various States and are subdivided into Organization, Legislative Action, Laws, Suffrage, Office-Holding, Occupations and Education. Their object is to give a general idea of the status of woman at the close of the nineteenth century and the manifold changes of which it is the result. It is desired also to put on record the part which women themselves have had in the steady advance which will be observed.

The account of only the past seventeen years is given, as the three preceding volumes of this History relate in detail the pioneer work and the gains made previous to 1884. Unfortunately it is inevitable in a recital of this kind that many names should be omitted which are quite as worthy of mention as those that find place, for in some instances the records are imperfectly kept and in others the list is so long as to forbid reproduction.[151]Ithas been necessary to bar compliments in order to avoid unjust discrimination and to meet the demands of limited space. To posterity the work is of more importance than the workers, and those who have engaged in the efforts to improve the condition of women necessarily have had to possess a spirit of self-abnegation and self-sacrifice which neither expected nor desired personal rewards.

The subject of Organization in most of the States is treated in the briefest possible manner, the intention being merely to show that in every State and Territory there has been some attempt to gather into a working force the scattered individuals who believe in the justice of woman suffrage and wish to obtain it. More extended mention of course is due to the older States, where there has been continuous organized work for many years, and where the societies have remained intact and held their regular meetings in spite of such defeats and discouragements as never have had to be faced by any other cause. It is most difficult to form and maintain an association which has not a concrete object to labor for, and when a campaign for an amendment is not actually in progress, the suffrage in the distant future appears largely as an abstraction. The early days of the movement necessarily had to be given to creating the sentiment which would later be organized, and it is only within the past decade that the time has seemed ripe for systematic effort in this direction. The lack of effective organization has been a serious but unavoidable weakness which henceforth will be remedied as speedily and thoroughly as possible.

It is a favorite argument of the opponents of woman suffrage that the many gains of various kinds have not been due to the efforts of women themselves. Under the head of Legislative Action will be found the dates and figures to prove that, year after year, in almost every State, women have gone to the Legislatures with appeals for every concession which has been granted and many more which have been refused. The bills presented by the Woman's Christian Temperance Union have not been specifically included because they are fully recorded in the publications of that body, and because this volume is confined almost exclusively to the one subject of enfranchisement. While theSuffrage Associations have directed their legislative efforts principally to secure action for this purpose, individual members have joined the W. C. T. U. innumerable times in its attempts to obtain other bills of advantage to women and children, and in some instances this has been done officially by the associations.

Among various measures in which the two organizations have united may be mentioned the raising of the "age of protection" for girls; the securing of women physicians in all institutions where women and children are confined, and women on the boards of all such; women city physicians; matrons at jails and station houses; better conditions for working women; the abolition of child-labor; industrial schools for girls. Measures which have been especially championed by the W. S. A., but which the W. C. T. U. has aided officially or individually, have been those asking for every form of suffrage; equal property laws for wives; the opening of all educational institutions to women; their admission to all professions and occupations; the repeal of laws barring them from office; the enactment of laws giving father and mother equal guardianship of children.[152]

The W. C. T. U. alone has secured temperance measures of many kinds, including a law in every State requiring scientific temperance instruction in the public schools; in many States curfew laws, and statutes prohibiting the sale of cigarettes and of liquor on or near fair grounds, Soldiers' Homes and school-houses, and preventing gambling devices, immoral exhibits, etc. The Federation of Women's Clubs has obtained laws for free traveling libraries and has united with other organizations in various States in efforts for equal guardianship of children, school suffrage, women on school and library boards and the abolishing of child labor. Other associations have joined in one or more of the above lines of work and have had independent measures of their own, such as prison reform, social purity, the assistance of different races—as the negro and the Indian—village improvement, kindergartens, public playgrounds, etc.

It would not be possible to draw a distinct line dividing thelegislative work of one association from the others, except that it may be said the suffrage societies have made the franchise their chief point, believing it to be the power with which the rest could be gained, and the temperance unions have made their principal attack upon the liquor traffic, considering it the greatest evil. The objects of the various bodies are indicated in the last chapter of this volume on Organizations of Women, but whatever these may be, if they include any direct, practical work their promoters usually find themselves at the door of the Legislature asking for help. Here they get their first lesson in the imperative necessity of possessing a vote, and seeing their measures fail because asked for by a disfranchised class, to whom the legislators are in no way indebted, they frequently become ardent advocates of suffrage for women.

As it would be wholly impossible in the small space which can be allowed to include an account of all the legislative work done by women, mention is made principally of that for the franchise. While the successes have been few compared to the number of bills presented, the record is valuable as indicating that determined and persistent effort will not be relaxed until it is granted in every State.

Under the head of Legislation is related also the attempts to get from Constitutional Conventions an amendment striking out the word "male" as a qualification for suffrage. It includes, besides, graphic accounts of the campaigns made in behalf of such amendments when submitted to the voters by the Legislatures. Those who have not closely followed these events doubtless will be surprised to learn the amount of effort which has been expended by women to obtain the franchise. It is infinitely greater than has been put forth for this purpose by all other classes combined, since the Revolutionary War was fought to secure to every citizen the right of individual representation.

The Laws regarding women as here given are in no sense of the word a "brief," but merely present the facts in the language of a layman and in the simplest and most concise form. Those relating to property are in the nature of a curiosity. An attorney in San Francisco who was asked for information as to the laws in general for women in California, answered that to givein full those of property alone would require as much space as could be granted in the History for the entire chapter. It is not possible to make in these introductory paragraphs an adequate digest of these laws in various States. They are not precisely the same in any two of the forty-nine States and Territories, and they offer a striking illustration of the attempts of law-makers, during the last few decades, to rectify in a measure the legal outrages of the past, and of their inability in the present state of their development to grant absolute justice. That must await the lawmakers of the future, and probably the time when women shall have a part in selecting them.

All that can be claimed for the statutes quoted herein is that they are as nearly correct as it has been possible to make them. With but one or two exceptions, the Attorney-Generals in every State have been most courteous and obliging when appealed to for assistance. The laws for women, however, have been so taken from and added to, so torn to pieces and patched up, that the best lawyers in many States say frankly that they do not know just what they are at the present time. Legislatures and code revision committees are continually tinkering at them and every year witnesses some changes in most of the States.[153]A very thorough abstract of the laws, made in 1886 by Miss Lelia J. Robinson, LL. B., a member of the bar in Massachusetts, was of almost no use in the compilation for this volume because of the endless alterations since that time. The Legal Status of Women, a condensed résumé issued in 1897 by the National Suffrage Association, has been covered thickly with pencil marks during the preparation of this summary, as the reports received from different States have shown the changes effected in the few years which have since elapsed. A new book, Woman and the Law, prepared by a lecturer on political science in one of our largest universities and published in 1901, was hailed with joy, but was found to include a number of laws which had been repealed within the past four or five years and to omit some very important oneswhich had been enacted during this time, as well as to contain frequent mistakes in regard to others.

These instances show the impossibility of an absolutely authentic presentation of the laws for women in their constantly changing condition. Although it was the intention to close this History with 1900, in several States, notably Massachusetts, Connecticut, New York, Illinois and Wisconsin, laws have been passed since that date of sufficient importance to demand a place. During the two years of its preparation the entire codes of property laws for women in Massachusetts and Virginia have been revolutionized.

An amusing part of a difficult task has been the reluctance of men to admit the existence of laws which are conspicuously unjust to women, the admission being frequently accompanied by the statement that it is the intention to change them at an early date, or that it would only be necessary to call the attention of the Legislature to them in order to secure their repeal. Even women themselves in States where the statutes especially discriminate against them, have written that these must not be published unless those from all the others are given. Whether this is due to State pride or personal humiliation is not clearly evident.

The one encouraging feature is that in almost every State decided progress is shown since 1848, when in New York and Pennsylvania the first change was made in the English Common Law which then everywhere prevailed, and which did not permit a married woman to hold property, to buy or sell, to sue or be sued, to make a contract or a will, to carry on business in her own name, to possess the wages she earned, or to have her children in case of divorce. An examination of the laws in the following chapters will show that the wife now may own and control her separate property in three-fourths of the States, and in the other fourth only one Northern State is included. In every State a married woman may make a will, but can dispose only of her separate property. In about two-thirds of the States she possesses her earnings. In the great majority she may make contracts and bring suit. The property rights of unmarried women always have been nearly the same as those of unmarried men, but the Common Law declared that "by marriage husbandand wife are one person in law and the legal existence of the wife is merged in that of the husband. He is her baron or lord, bound to supply her with shelter, food, clothing and medicine, and is entitled to her earnings and the use and custody of her person, which he may seize wherever he may find it." (Blackstone, I, 442.)[154]

In his Commentaries, after enumerating some of the disabilities of woman under these laws, Blackstone calmly argues that the most of them were really intended for her benefit, "so great a favorite is the female sex with the law of England." He strikes here the keynote of even the special statutes which have superseded the Common Law in the various States, all have been "intended for her benefit," man alone being the judge of what she needed and careful while providing it to retain within himself the exclusive power of law-making. It has been gradually dawning upon him, however, that, as a human being like himself, her needs are very similar to his own, and where he has failed to see it she has reminded him of it as she has slowly learned this fact herself. The laws show an awakening conscience on the part of men and a tardy but continuous advance toward justice to women, although there is yet very much to be desired. For instance, in reading the laws regarding the inheritance of separate property, which in a number of States is now made the same for widow and widower, the first thought will be, "These are absolutely just." But a little investigation will show that the separate property of either is what he or she possesses at marriage or receives afterwards by gift or inheritance, while all that is acquired during marriage by the joint earnings of the two belongs to the husband. In many States the law now provides that if the wife engages in business as a sole trader or goes outside the home to work, her earnings belong to her, but all the proceeds of her labor within the household are still the sole and separate property of the husband. The Common Law on this point, which never has been changed in a single State,[155]makes the services of the wife belong to the husband, and in return she is legallyentitled only to food, shelter and clothes, and these of such quality and quantity as the husband dictates. She can not dispose by will of any of the property acquired during marriage, nor has she any control of it during the husband's lifetime.

These facts should be borne in mind when reading the laws which declare that husband and wife have the same power to dispose of separate property. Comparatively few women in this country have property when married, especially if young at the time, and the same is true of the majority of men, but afterwards the woman may never hope to accumulate any, as the joint earnings of the marriage partnership belong exclusively to the husband, and the duties of the average household prevent the wife from engaging in outside work. However, in order that she might not be left absolutely penniless after years of labor, the Common Law provided that she should be entitled to "dower," i. e., the possession, for her lifetime, of one-third of all the real estate of which her husband was possessed in fee simple during the marriage. That is, she should receive the life-use of one-third of any realty she might have brought into the marriage and one-third of all they had earned together. But if the husband had converted these into cash, bonds, stocks or other personal property, she could legally claim nothing. He had "curtesy," i. e., the life-use of all her real estate, (sometimes dependent on the birth of children, sometimes not), and usually the whole of her personal estate absolutely.

Curtesy has now been abolished in over one-half the States. The law of dower still exists in more than one-half, but special statutes in regard to personal property and the wife's separate estate have been made so liberal that in comparatively few States is she left in the helpless condition of olden times. In about one-half of them she takes from one-third to the whole (if there are no children) of both real and personal estate absolutely; but in all of them it is only at the death of the husband that she has any share or control of the joint accumulations except such as he chooses to allow. At the death of the wife all of these belong legally to the husband and she can not secure to her children or her parents any part of the property which she has helped to earn. Space forbids going into a discussion of the general upheavalwhich follows the death of the husband, the inventories which must be taken, the divisions which must be made, generally resulting in the breaking up of the home; while at the death of the wife all passes peacefully into the possession of the husband and there is no scattering of the family unless he wishes it. A general but necessarily superficial statement of the property laws will be found in connection with each State in the following chapters, and they represent a complete legal revolution during the past half century.

Fathers and mothers are given equal guardianship of children in the District of Columbia and nine States—Colorado, Connecticut, Illinois, Kansas, Maine, Massachusetts, Nebraska, New York and Washington. (See Pennsylvania.) In all others the father has the sole custody and control of the persons, education, earnings and estates of minor children. Where this right is abused the mother can obtain custody only by applying for separation or divorce or proving in court the unfitness of the father. In a number of States the father may by will appoint a guardian even of a child unborn, to the exclusion of the mother. In others the widow is legally entitled to the guardianship but forfeits it by marrying again. Others do not permit a widow to appoint by will a guardian for her children. Tennessee and Louisiana offer examples of the English and French codes in this respect.

Although the father is the sole guardian and entitled to the services of the children, and although the joint earnings of the marriage belong exclusively to him, and in a number of States he is declared in the statutes to be the "head of the family," in many of them the mother is held to be equally liable for its support. Her separate property may be taken for this purpose and she is also required to contribute by her labor. In such cases the husband decides what constitutes "necessities" and the wife must pay for what he orders. A recent decision of the Illinois courts compelled a wife to pay for the clothes of an able-bodied husband. In most but not all of the States the husband, if competent, is punished for failure to support his family. The punishment consists in a fine, the State thus taking from the family what money he may possess; or confinement in prison, where he is boarded and lodged while the family is in nowise relieved.

It has not been deemed necessary to consider at length the subject of divorce, except to mention the laws of the few States which discriminate against women. South Carolina is the only one which does not grant divorce; New York the only one which makes adultery the sole cause. In the remainder the causes have a wider range, but in all the records show that the vast majority of divorces are granted to wives. The following list is taken from the New YorkSun(1902) and corresponds with information gathered from other sources:

Habitual drunkenness, in all except eight States.Wilful desertion, generally.Felony, in all except three.Cruelty, and intolerable cruelty, in all except five.Failure by the husband to provide, in twenty.Fraud and fraudulent contract, in nine.Absence without being heard from, for different periods, in six.Ungovernable temper, in two.Insupportably cruel treatment, outrages and excesses, in six.Indignities rendering life burdensome, in six.Attempt to murder other party, in three.Insanity or idiocy at time of marriage, in six. Insanity lastingten years, in Washington; incurable insanity, in North Dakota,Florida and Idaho.Husband notoriously immoral before marriage, unknown to wife,in West Virginia. [Pregnancy of wife before marriage, unknownto husband, in many States].Fugitive from justice, in Virginia.Gross misbehavior or wickedness, in Rhode Island.Any gross neglect of duty, in Kansas and Ohio.Refusal of wife to remove into the State, in Tennessee.Mental incapacity at time of marriage, in Georgia.Three years with any religious society that believes the marriagerelation unlawful, in Massachusetts; and joining any such sect, inNew Hampshire.When parties can not live in peace and union, in Utah.Vagrancy of the husband, in Missouri and Wyoming.Excesses, in Texas.Where wife by cruel and barbarous treatment renders conditionof husband intolerable, in Pennsylvania.

By reference to theHistory of Woman Suffrage, Vol. I, pp. 482,717,745and following, it will be seen that the resolutions favoring divorce for habitual drunkenness offered in the first women's conventions, during the early '50's, almost disrupted the meetings, and caused press and pulpit throughout the countryto thunder denunciations, but half a century later such laws exist in thirty-seven of the forty-five States and meet with general approval. It is frequently charged that the granting of woman suffrage has been followed by laws for free divorce, but an examination of the statutes will show that exactly the same causes obtain in the States where women do not vote as in those where they do; that there has not been the slightest change in the latter since the franchise was given them; and that in Wyoming, where it has been exercised since 1869, there is the smallest percentage of divorce in proportion to the population of any State in the Union. The three places which are so largely utilized by outsiders who wish a speedy divorce, because only a ninety days' residence is required, are North and South Dakota and Oklahoma, in neither of which have women any suffrage except for school trustees.

The "age of consent or protection" for girls, i. e., the age when they are declared to have sufficient understanding to consent to intercourse, and above which they can claim no legal protection, was fixed at ten years by the Common Law. No action was taken by any State to advance the age up to which they might be protected until 1864, when Oregon raised it to fourteen years. No other State followed this example until 1882, when Wyoming made it fourteen. In 1885 Nebraska added two years making it twelve. At this date women commenced to besiege the Legislatures in all parts of the country, and there was a general movement from that time forward to have the age of protection increased, but in almost every instance where this has been accomplished, the penalty for violation of the law has been reduced, and now in thirteen States no minimum penalty is named. The age still remains at ten years in Florida, Georgia, Mississippi, North and South Carolina. In Kentucky, Louisiana, Tennessee and West Virginia the age is twelve years, but in Tennessee it is only a "misdemeanor" between twelve and sixteen. (For the recent efforts of women in Georgia and Florida to have the age advanced, and their failure, see the chapters on those States.) In Delaware the Common Law age of ten years was reduced to seven by the Legislature in 1871, and no protection was afforded to infants over seven until 1889 when the age was raised to fifteen, but the crime was declared to be only a "misdemeanor."

Women who have "all the rights they want," and men who insist that "the laws are framed for the best interests of women," are recommended to make a study of those presented herewith.

Under the head of Suffrage it is stated whether women possess any form of it and, if so, in what it consists. The story of the four States where they have the complete franchise—Wyoming, Colorado, Utah and Idaho—naturally is most interesting, as it describes just how this was obtained and gives considerable information on points which are not fully understood by the general public. The chapter on Kansas doubtless will come next in interest, as there women have had the Municipal ballot since 1887. It is frequently said in criticism that women have School Suffrage in twenty-six States and Territories, including the five mentioned above, but they do not make use of it in large numbers. What this fragmentary suffrage includes, the restrictions thrown around it and the obstacles placed in its way, are described in the chapters of those States and Territories where it prevails—Arizona, Connecticut, Delaware, Illinois, Kentucky, Massachusetts, Minnesota, Michigan, Montana, Nebraska, North Dakota, New Hampshire, New Jersey, New York, Ohio, Oklahoma, Oregon, South Dakota, Vermont, Washington, Wisconsin.

It will be seen that in New York women tax-payers in villages, and in Louisiana and Montana all tax-paying women, may vote on questions submitted for taxation, and an account is given of the first use which women made of this privilege in Louisiana in 1899. In Iowa all women may vote on the issuing of bonds. In Mississippi they have the merest form of a franchise on a few matters connected with country schools and the running at large of stock. In Arkansas they may sign a petition against liquor selling within certain limits and their names count for as much as men's. After a careful study of the situation the wonder will not be that women do not exercise more largely these grudgingly-given and closely-restricted privileges, but that in many States they think it worth while to exercise them at all. In the four, however, where they have the Full Suffrage, and in Kansas where they have the Municipal, the official figures which have been carefully tabulated will demonstrate beyond further controversy that where they possess exactly the same electoral rights asmen they use them in even a larger proportion. These statistics answer conclusively the question, "Do women want to vote?"

The information as to Office-Holding is necessarily somewhat desultory as there is no record in any State of the women in office. This is true even of those pertaining to the schools, and in very few cases does the State Superintendent of Public Instruction know how many women are serving as county superintendents and members of school boards. The information on these points contained in the State chapters was secured principally through personal investigation and by an extended correspondence, and while it is believed to be entirely correct so far as it goes, it does not by any means include the total number of offices filled by women. Imperfect as is the list it will be a surprise to those who look upon office-holding as the natural prerogative of man. A stock objection to woman suffrage is that women will be wanting the offices. An examination of the reports here submitted will disclose the surprising fact that in a number of States where women do not vote they are filling as many offices as in those where they have the full franchise. Probably the majority of State constitutions declare that the offices must be held by electors, but where this proviso is not made, women have been elected and appointed to various offices and so far as can be learned have given general satisfaction.[156]

The necessity for matrons at police stations and jails, and for women physicians in all institutions where women and children are confined, is too evident to need any argument in its favor, and yet it is only within the past ten years that they have been thus employed to any extent and even now they are found in only a small fraction of such institutions. The objection to these matrons on the part of the police force has been strenuous, and yet, almost without exception, after they have gained a foothold, the police officers testify that they do not understand how the department got on without them. It ought to be equally evident that there should be women on the boards of all institutions which care for women and children, but, although in most instances these positions have no salary, there is the most violent opposition to giving women a place, and the concession has had to be wrungfrom Legislatures in the few States where it has been obtained. The right of women and their value to school offices is now partly conceded in about half the States. Women librarians also have met with some favor. As to offices in general, most of which carry either salary or patronage or both, they will continue to be regarded as belonging entirely to voters and as perquisites of party managers with which to reward political service, although all of them are proportionately supported by women tax-payers.

As regards Occupations, the census of 1900 shows 3,230,642 women engaged in wage-earning employments, exclusive of domestic service, and the question of their admittance to practically all such may be regarded as settled, but it has not been gained without a contest. Women, however, are still barred from the best-paying positions and are usually compelled to accept unequal wages for equal work. This is partly due to disfranchisement and partly to economic causes and can be remedied only by time. In many of the States of which it is said, "No profession is forbidden to women," the test has not been made, and until some woman attempts to be a minister, physician, lawyer or notary public it can not be known whether she will encounter a statutory prohibition.

The department of Education presents the most satisfactory condition. The battle for co-education, which means simply a chance for women to have the best advantages which exist, has been bitterly fought. A guerilla warfare is still maintained against it, but the contest is so nearly finished as to warrant no fears as to the future. Every State University but those of Georgia, Louisiana, North Carolina and Virginia, is open to women on exactly the same terms as to men (with the exception of some departments of Pennsylvania). They have full admission to Chicago and Leland Stanford Universities, two of the largest in the United States. They may enter the post-graduate department of Yale and receive its degrees. Harvard and Princeton are still entirely closed to them, as are a number of the smaller of the old, established Eastern universities, but this is largely compensated by the great Woman's Colleges of the East—Bryn Mawr, Wellesley, Smith and Vassar—which accommodate nearly 4,000 students. The Medical Department of Johns Hopkins, andMedical, Theological, Law and Dental Colleges in all parts of the country, admit women to their full courses. This is true also of Agricultural Colleges and of Technical Institutes such as Drexel and Pratt. There is now no lack of opportunity for them to obtain the highest education, either along the line of general culture or specialized work.[157]

The details of the following chapters will show that the civil, legal, industrial and educational rights of women are so far secured as to give full assurance that they will be absolute in the near future. The political rights are further off, for reasons which are presented in the introduction to this volume, but the yielding of all the others is proof sufficient that the spirit of our institutions will eventually find its fullest expression in perfect equality of rights for all the people.

FOOTNOTES:[151]The names of newspapers which have supported this cause are not given, partly for these reasons and partly because on this question they reflect simply the personal views of the editors, and a change of management may cause a complete reversal of their attitude toward woman suffrage.[152]A reading of these chapters will show that the suffrage societies have started many progressive movements and then turned them over to other organizations of women, believing they would thrive better if freed from the effects of the prejudice against woman suffrage and everything connected with it.[153]Notwithstanding these efforts, the very statutes which are intended to be fair to women are continually found to be defective, and whenever any doubt arises as to their construction the Common Law must prevail, which in all cases is unjust to women. An example of this kind will be found in the chapter on New York, showing that it was held in 1901 that a wife's wages belonged to her husband, although it was supposed that these had been secured to her beyond all question by a special statute of 1860.[154]For abstract of the Common Law in regard to women seeHistory of Woman Suffrage, Vol. III, p. 961.[155]A few of the States were formed under the Spanish or French code instead of the English Common Law, but neither was more favorable to women.[156]No mention is made of women postmasters as these are found in all States. The first were appointed by President Grant during his first term of office, 1868-1872.[157]In the various States under the head of Education, Roman Catholic colleges and universities are not considered, as they are nowhere co-educational.The public school statistics are taken from the reports for 1898-9 of the U. S. Commissioner of Education.

[151]The names of newspapers which have supported this cause are not given, partly for these reasons and partly because on this question they reflect simply the personal views of the editors, and a change of management may cause a complete reversal of their attitude toward woman suffrage.

[152]A reading of these chapters will show that the suffrage societies have started many progressive movements and then turned them over to other organizations of women, believing they would thrive better if freed from the effects of the prejudice against woman suffrage and everything connected with it.

[153]Notwithstanding these efforts, the very statutes which are intended to be fair to women are continually found to be defective, and whenever any doubt arises as to their construction the Common Law must prevail, which in all cases is unjust to women. An example of this kind will be found in the chapter on New York, showing that it was held in 1901 that a wife's wages belonged to her husband, although it was supposed that these had been secured to her beyond all question by a special statute of 1860.

[154]For abstract of the Common Law in regard to women seeHistory of Woman Suffrage, Vol. III, p. 961.

[155]A few of the States were formed under the Spanish or French code instead of the English Common Law, but neither was more favorable to women.

[156]No mention is made of women postmasters as these are found in all States. The first were appointed by President Grant during his first term of office, 1868-1872.

[157]In the various States under the head of Education, Roman Catholic colleges and universities are not considered, as they are nowhere co-educational.The public school statistics are taken from the reports for 1898-9 of the U. S. Commissioner of Education.

[157]In the various States under the head of Education, Roman Catholic colleges and universities are not considered, as they are nowhere co-educational.

The public school statistics are taken from the reports for 1898-9 of the U. S. Commissioner of Education.

Actual work for woman suffrage in Alabama began in 1890, at the time the constitutional convention of Mississippi was in session. The editor of the New DecaturAdvertiseropened his columns to all matter on the question and thus aroused local interest, which in 1892 culminated in the formation in that town of the first suffrage club in the State, with seven charter members. The women who thus faced a most conservative public sentiment were Mesdames Harvey Lewis, F. E. Jenkins, E. G. Robb, A. R. Rose, B. E. Moore, Lucy A. Gould and Ellen Stephens Hildreth.

Before the close of the year a second club was formed in Verbena by Miss Frances A. Griffin, who has since become noted as a public speaker for this cause. Others were soon established through the efforts of Mesdames Minnie Hardy Gist, Bessie Vaughn, M. C. Arter, W. J. Sibert and Miss B. M. Haley.

In 1892 and 1893 theWoman's Column, published in Boston, was sent by the National Association to 1,500 teachers, ministers, school superintendents, editors, legislators and other prominent people, the names being furnished by Mrs. Hildreth. A State organization was effected in 1893, with Mrs. Hildreth, president, and Miss Griffin, secretary.

In 1895 Miss Susan B. Anthony, president of the National Association, and Mrs. Carrie Chapman Catt, chairman of its organization committee, who were making a southern tour, were asked by the New Decatur Club to include that city in their itinerary. They were also invited by Mrs. Alberta Taylor to address her society at Huntsville. These visits of the great leader and her eloquent assistant aroused much interest, but the financial depression prevented active work.

Mrs. Virginia Clay Clopton was elected State president in 1896; Mrs. Annie D. Shelby, Mrs. Milton Hume and Mrs. Taylor were made vice-presidents; Mrs. Laura McCullough and Mrs. Amelia Dilliard, recording secretaries; Mrs. Hildreth, corresponding secretary; and Mrs. E. E. Greenleaf, treasurer. Mrs. Clopton represented the association at the Tennessee Centennial in 1898. Opposition is so great that it has been deemed wise to do nothing more than distribute literature and present the arguments in the press.

A State convention was held at Huntsville, Oct. 1, 1900, Mrs. Taylor presiding. Mrs. Clopton being obliged to resign, Miss Griffin was made president. Mrs. Hume and Mrs. Robert Cunningham were chosen vice-presidents; Mrs. Greenleaf, treasurer; Miss Julia Tutweiler, State organizer.

Legislative Action and Laws:In January, 1893, through the influence of the suffrage association, Senator J. W. Inzer presented a bill to amend the State constitution so as to permit women to vote on municipal questions and prohibitory liquor enactments. It never was reported from the Judiciary Committee.

In 1895, at the desire of the New Decatur Club, Representative Osceola Kyle introduced a bill raising the "age of protection" for girls from ten to fourteen years, and a similar one was offered for the Woman's Christian Temperance Union. Although these efforts were not successful then, public attention was drawn to the subject, and at the next session, in 1897, the age was raised to fourteen years with a penalty of death or imprisonment for not less than ten years in the penitentiary.

Previous to 1886 legislation and public sentiment in Alabama were of the most conservative kind, but at the Constitutional Convention held that year changes in the statutes were made which gave to women many rights and privileges not before possessed. Dower but not curtesy obtains. If there are no lineal descendants, and the estate is solvent, the widow takes one-half of the real estate for life, but if the estate is insolvent, one-third only. If there are lineal descendants, then the dower right is one-third, whether the estate is solvent or not. If a husband die without a will, his widow, if there are no children, is entitled to all of hispersonal property; if there is but one child, she is entitled to one-half; if there are more than one and not more than four children, then she is entitled to one child's portion. A homestead to the value of $2,000 is exempt to her from all creditors and no will can deprive her of it, unless she has signed a mortgage on it. If a wife die without a will, her husband is entitled to one-half of her personal property, whether there are children or not, and to the life use of all her real estate.

A wife may will her property to whom she pleases, excluding her husband from all share. He can do this with his property, but can not impair her dower rights. She can not sell her real estate without his written consent, but can sell her personal property without it. He can mortgage or sell his real estate, except the homestead, and can dispose of his personal property, without her consent.

A married woman may be agent, guardian or administrator. She may acquire and hold separate property not liable for the debts of her husband, though necessaries for the family can be a liability. Her bank deposit is her own, and her earnings can not be taken by her husband or his creditors. A wife can not become surety for her husband. Property purchased with her money will be returned to her upon application to the court.

A wife may engage in business with her husband's written consent. If she does so without it she incurs no penalty, but it is necessary in order that her creditors may recover their money. She must sue and be sued and make contracts jointly with the husband.

If a woman commit a crime in partnership with her husband (except murder or treason) she can not be punished; nor, if she commit a crime in his presence, can he testify against her.

Common law marriage is valid and the legal age for a girl is fourteen years.

The father is the guardian of the minor children, and at his death may appoint a guardian to the exclusion of the mother. If this is not done she becomes the legal guardian of the girls till they are eighteen, of the boys till fourteen.

Alabama is one of the few States which do not by law require the husband to support the family.

The convicted father of an illegitimate child must pay to the Probate Court for its support not exceeding $50 yearly for ten years, and must give $1,000 bond for this purpose. Failing to do this, judgment is rendered for not more than $625 and he is sentenced to hard labor for the county for one year.

It is a criminal offense to use foul language to or in the hearing of a woman, or by rude behavior to annoy her in any public place; or to take a woman of notorious character to any public place of resort for respectable women and men. Slander against a woman's character is heavily punished; a seducer is sent to the penitentiary if his victim previously has been chaste. Procurers may be sentenced to the penitentiary.

The "age of protection for girls" is 14 years, and the penalty is death or imprisonment in the penitentiary from ten years to life.

Suffrage:Women have no form of suffrage.[159]

Office Holding:Women are not eligible to any elective office. They act as enrolling clerks in the Legislature. Two women, whose fathers died while holding the position, were made registrars in chancery. Women can not serve as notaries public.

There are no women trustees on the board of any State institution, although the charitable and benevolent work is almost entirely in the hands of women. A man is superintendent of the Girls' Industrial School and the entire board is composed of men. Limited State aid is extended to a number of institutions founded and controlled by women, including the Boys' Industrial Farm.

Occupations:Women are legally prohibited from acting as lawyers, physicians or ministers. They are not allowed to engage in mining.

Education:All educational institutions admit women. The State Polytechnic at Auburn was the pioneer, offering to women in 1892 every course, technical, scientific and agricultural. The State University at Tuscaloosa opened its doors to them in 1896. Two scholarships for girls are maintained here, one by the ladies of Montgomery and one by those of Birmingham. In1900, out of a class of 178 boys and 23 girls, two boys and four girls took the highest honors.

The State Industrial School for Girls, at Montevallo, was established in 1896. There are two co-educational Normal Schools at Florence and Troy.

The colored men and women have excellent advantages in several Normal Schools and Colleges. The Tuskegee Normal and Industrial Institute, under the presidency of Booker T. Washington, has a national reputation. Colored children have also their full share of public schools.

There are in the public schools 2,262 men and 5,041 women teachers. The average monthly salary of the men is $32; of the women, $25.35.

The most progressive movement in the State is that of the Federation of Women's Clubs, formed in 1895, and including at present fifty-eight clubs. Its work has been extremely practical in the line of education and philanthropy. The most important achievement is the Boys' Industrial Farm, located at East Lake near Birmingham. This is managed by a board of women and has a charter which secures its control to women, even if it become entirely a State institution. The club women have for three years sustained five scholarships for girls, two at Tuscaloosa and three at Montevallo. They have organized also a free traveling library, and in four cities free kindergartens.

In conclusion it may be noted that the strength of the woman movement in the State has been wonderfully developed in all directions during the last five years.

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