FOOTNOTES:

FOOTNOTES:[434]The History is indebted for this chapter to Mrs. Virginia D. Young of Fairfax, owner and editor of theEnterpriseand president of the State Woman Suffrage Association.

[434]The History is indebted for this chapter to Mrs. Virginia D. Young of Fairfax, owner and editor of theEnterpriseand president of the State Woman Suffrage Association.

[434]The History is indebted for this chapter to Mrs. Virginia D. Young of Fairfax, owner and editor of theEnterpriseand president of the State Woman Suffrage Association.

No organized work for woman suffrage had been done in Tennessee up to 1885, when Mrs. Elizabeth Lyle Saxon was appointed president of the State by the National Association. In 1886 she removed to Washington Territory and Mrs. Lida A. Meriwether was made her successor. As the best means of obtaining a hearing from people who would not attend a suffrage meeting, Mrs. Meriwether decided to begin her work in the ranks of the Woman's Christian Temperance Union. After three years of quiet effort in this organization (of which she was State president) she succeeded in adding the "franchise" to its departments and having a solid suffrage plank nailed into its platform by unanimous vote. In May, 1889, she formed in Memphis the first local suffrage club, with a membership of fifty.

In January, 1895, Miss Susan B. Anthony, president of the National Association, and Mrs. Carrie Chapman Catt, chairman of its organization committee, came to Memphis and were welcomed not only by the suffrage society, but also by the Local Council of Women, the Woman's Club and the Nineteenth Century Club. They addressed a fine audience in the Young Men's Hebrew Association Hall.

The following June Mrs. Meriwether was employed by the National Association to lecture and organize for two weeks, and visited the most important towns in the State.

In May, 1897, Miss Frances A. Griffin of Alabama made a six weeks' lecture and organizing tour under the auspices of the association, during which she spoke in every available town of any size, Mrs. Nellie E. Bergen acting as advance agent. No other organizing work ever has been done in Tennessee.

The first State suffrage convention was held at Nashville inMay, 1897, an association formed and Mrs. Meriwether unanimously elected president. This was in fact an interstate convention, being held during the Tennessee Centennial Exposition at the invitation of the managing committee, who offered the suffragists the use of the Woman's Building for three days to give reasons for the faith that was in them. Delegates were present from Tennessee, Kentucky, Alabama, Mississippi and Illinois. Addresses were given by Miss Laura Clay and Mrs. Lida Calvert Obenchain of Kentucky, Mrs. Virginia Clay Clopton and Miss Griffin of Alabama, Miss Josephine E. Locke of Illinois, Mrs. Flora C. Huntington and Mrs. Meriwether.

The second convention took place at Memphis, April 22, 1900, Mrs. Chapman Catt and Miss Mary G. Hay, national organizer, in attendance. Mrs. Meriwether was elected honorary president for life; Mrs. Elise M. Selden was made president and Miss Margaret E. Henry, corresponding secretary. On Sunday evening Mrs. Chapman Catt addressed a mass meeting in the Grand Opera House, and the next evening spoke in the audience hall of the Nineteenth Century Club, both given free of charge.

One incident will further show the growth of public sentiment in this direction. In 1895 a prominent Memphis woman sent to theArenaan article entitled The Attitude of Southern Women on the Suffrage Question, which she claimed to be that of uncompromising opposition. In conclusion she said: "The views presented have been strengthened by opinions from women all over the South, from the Atlantic Coast to Texas, from the Ohio to the Gulf. More than one hundred of the home-makers, the teachers and the writers have been consulted, all of them recognized in their own communities for earnestness and ability. Of these, only thirteen declared themselves outright for woman suffrage; four believed that women should vote upon property and school questions; while nine declined to express themselves. All the others were opposed to woman suffrage in any form." She then gave short extracts from the letters of eighteen women, four in favor and fourteen opposed.

The editor wrote to Mrs. Josephine K. Henry of Kentucky asking for an article from the other side. She sent one entitled The New Woman of the New South, and the two were publishedin theArenaof February, 1895. Mrs. Henry gave extracts from the letters of seventy-two prominent women in various parts of the South—all uncompromising suffragists. She had written to Mrs. Meriwether that, as her opponent was from Tennessee, she wanted a distinct voice from that State, and requested her to give a few reasons for desiring the suffrage and obtain the signatures of women to the same. Mrs. Meriwether supplied the following:

We, the undersigned women of Tennessee, do and should want the ballot because—1. Being 21 years old, we object to being classed with minors.2. Born in America and loyal to her institutions, we protest against being made perpetual aliens.3. Costing the treasuries of our counties nothing, we protest against acknowledging the male pauper as our political superior.4. Being obedient to law, we protest against the statute which classes us with the convict and makes the pardoned criminal our political superior.5. Being sane, we object to being classed with the lunatic.6. Possessing an average amount of intelligence, we protest against legal classification with the idiot.7. We taxpayers claim the right to representation.8. We married women want to own our clothes.9. We married breadwinners want to own our earnings.10. We mothers want an equal partnership in our children.11. We educated women want the power to offset the illiterate vote of our State.

We, the undersigned women of Tennessee, do and should want the ballot because—

1. Being 21 years old, we object to being classed with minors.

2. Born in America and loyal to her institutions, we protest against being made perpetual aliens.

3. Costing the treasuries of our counties nothing, we protest against acknowledging the male pauper as our political superior.

4. Being obedient to law, we protest against the statute which classes us with the convict and makes the pardoned criminal our political superior.

5. Being sane, we object to being classed with the lunatic.

6. Possessing an average amount of intelligence, we protest against legal classification with the idiot.

7. We taxpayers claim the right to representation.

8. We married women want to own our clothes.

9. We married breadwinners want to own our earnings.

10. We mothers want an equal partnership in our children.

11. We educated women want the power to offset the illiterate vote of our State.

Mrs. Meriwether sent this "confession of faith" to the presidents of every suffrage club and W. C. T. U. in Tennessee, giving them a fortnight to obtain signatures and adding, "The King's business requires haste." In two weeks it was returned with the names of 535 women, while several presidents wrote: "If you could only give us two weeks more we could double the number."[436]

Legislative Actions and Laws:Dower and curtesy both obtain. The widow receives one-third of the real estate, unless there are neither descendants nor heirs-at-law, when she takesit all in fee-simple. Of the personal property she takes a child's share, unless there are no lineal descendants, when she takes it all. The widower is entitled to a life interest in the wife's real estate, if there has been issue born alive, and to all of her personal estate whether there are children or not. The law provides that a homestead to the value of $1,000 shall inure to the widow.

The wife can neither sue nor be sued nor make contracts in her own name, unless the husband has deserted her or is insane. The husband is entitled to her earnings and savings.

Meigs' Digest says: "The general principle of the law is that marriage amounts to an absolute gift to the husband of all personal goods of which the wife is actually or beneficially possessed at the time, or which come to her during coverture. So that if it be money in her pocket or personal property in the hands of a third party, the title vests at once in the husband.

"By right of his marriage the husband takes an interest in his wife's real estate, and during their joint lives the law gives him a right to the crops, profits and products of her lands. He has the usufruct of all her freehold estate. The husband is entitled to the profits of all lands held by the wife for her life, or for the life of another.

"When a marriage is dissolved at the suit of the husband, and the defendant is owner in her own right of lands, his right to and interest therein and to the rents and profits of the same, shall not be taken away or impaired, but the same shall remain to him as though the marriage had continued. And he shall also be entitled to her personal estate, in possession or in action, and may sue for and recover the same in his own name.

"When the wife is forced to separate from her husband, by reason of cruel and inhuman treatment from him, she may, by a bill in equity, have a suitable provision made for her support, out of the rents and profitsof her land."

The code says: "A father, whether under the age of twenty-one years, or of full age, may by deed executed in his lifetime or by last will and testament in writing, from time to time and in such manner and form as he thinks fit, dispose of the custody and tuition of any legitimate child under the age of twenty-one years and unmarried, whether born at the time of his death orafterwards, during the minority of such child, or for a less time." If the father abandon the family the mother becomes guardian, but she can not appoint one by will.

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 theIssue, Gideon Baskette of the NashvilleBannerand J. M. Keating of the MemphisAppeal; 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."

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

[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 theIssue, Gideon Baskette of the NashvilleBannerand J. M. Keating of the MemphisAppeal; 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."

[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 theIssue, Gideon Baskette of the NashvilleBannerand J. M. Keating of the MemphisAppeal; 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."

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 manycities. 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 acquiresby 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 landshemay have or fail to educate the children as the fortuneof thewifewould justify, she may in either case complain to the County Court, which upon satisfactory proof shall decree that so much ofherproceeds 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.

[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.

[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.

[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."

[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.

[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.

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 theWoman's Exponentwas 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 withwomen'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 moreenergetically 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 conferencein 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 theWoman's Exponentcontained 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 andMormon 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 10a. 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 theWoman'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 secretarypro 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. Theysang 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 theWoman's Exponentchronicled 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.

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.


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