FOOTNOTES:

FOOTNOTES:[454]The State Universities are closed to women only in Virginia, Georgia and Louisiana, and the undergraduate departments in North Carolina.[455]The decision of the court was "When an intelligent, active, industrious, frugal woman finds she has married a man who, instead of coming up to the standard of a husband, is a mere dependent ... and leaves to her the support of the family, it would be contradictory of fact and an absurd construction of the law to say that he, and not she, is the head of the family."This is believed to be the first legal decision of the kind and has created wide discussion.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

The constitution was adopted Nov. 5, 1889, the woman suffrage amendment receiving 16,521 ayes, 35,913 noes; an adverse majority of 19,392.

In 1890 the first State Legislature conferred School Suffrage on women to the extent of voting for trustees and directors.

The political campaign of 1896 was one in which reform of all kinds was unusually in evidence. Three women sat as delegates in the State Fusion Convention at Ellensburg. Mrs. Laura E. Peters, president of the suffrage club at Port Angeles, was a Populist delegate and was chosen a member of the Platform Committee. Through her efforts a suffrage plank was inserted in the platform of that branch of the convention.

The president of the State Suffrage Association, Mrs. HomerM. Hill, said in her official report: "The People's Party was composed of Silver Republicans, Populists and Democrats. At the State convention these met in separate sessions. The Democrats voted down a resolution demanding that the Committee on Platform bring in a report favoring the amendment. The Silver Republicans passed one 'commending the action of the Free Silver party in presenting to the people the proposed amendment to the constitution.' The Populists inserted in their platform a plank declaring that 'direct legislation without equal suffrage would be government by but one-half of the people,' and unequivocally favored the amendment.

"Although each of these three parties had its own platform, the combination formed the People's Party and made its fight upon one composed of eleven planks, or articles of faith, to which all three agreed,but equal suffrage was not one of them. Therefore the so-called union platform, minus suffrage, was the one generally published and used as the basis of the campaign speeches. Because of this no speaker of the People's Party was obliged to mention the amendment, and it was avoided as an issue in the campaign; the State Central Committee permitted each speaker to say what he pleased personally, but he was not allowed to commit the party or to urge men to vote for it. Nearly every one, however, advocated equal suffrage.

"The Republicans, in convention at Tacoma, adopted the following: 'Firmly believing in the principle of equal rights to all and special privileges to none, we recommend to the voters of the State a careful consideration of the proposed constitutional amendment granting equal suffrage;' and this always was published as part of the platform. A few of the leading Republican orators advocated the amendment and none spoke against it. Its defeat is commonly attributed to the fact that 20,000 of the People's party did not vote upon it, and thatthe Republicans passed the word a short time before election to vote against it.

"Mrs. W. Winslow Crannell, who was sent out by the Albany (N. Y.) Anti-Suffrage Association, did not hold a meeting of women or a public meeting in the State. She conferred with men whom the anti-suffrage representative, Alfred Downing ofSeattle, already knew, and her coming tended to arouse the loyal support of the suffragists.

"The Prohibition party gave official indorsement. The Social Democratic party and the Socialist Labor party both inserted suffrage planks in their platforms. The latter claims 9,000 votes in the State."

The Fusion party was everywhere successful and the Legislature of 1897 was composed of reform elements. Mrs. Peters had charge of the Equal Suffrage Bill, which was introduced on the first day of the session by the Hon. J. P. de Mattos, and proposed to amend the constitution by striking out the word "male" from the suffrage clause. This passed the House on February 4 by 54 ayes, 15 noes. The bill was amended in the Senate and was strongly supported by Joseph Hill and W. V. Rinehart. The amended bill passed the Senate on February 25 by 23 ayes, 11 noes, and was returned to the House.

Here it reached a vote March 11, the last day before the close of the session, only through Mrs. Peters' slipping up to Speaker Charles E. Cline's desk and whispering to him to recognize L. E. Rader, who wished to present it. As the Speaker was a staunch suffragist he did so. The bill passed by 54 ayes, 15 noes, and was sent back for the signature of the President of the Senate and then returned to the House for the Speaker to sign. Mrs. Peters thus relates what happened after he had done so:

By the merest accident, Senator Thomas Miller, a friend, obeyed an impression to examine the bill to see if it were all right, when lo and behold! he discovered that the true bill had been stolen during the short recess and an absolutely worthless bill engrossed and signed. Senator Miller at once made the fraud public and Speaker Cline tore his signature from the bill. On Thursday morning, the last day, a certified copy of the true bill was sent to the House, where it was ratified and returned to the Senate. I then requested the President of the Senate to make me a special messenger to take the bill to the Governor for his signature. As I happened to hold the peculiar position of having voted (at the State convention) for both those gentlemen, and as I had taken pains to remind them of that fact, and as both the Governor and Lieutenant-Governor were suffragists, I found no difficulty in having my request granted. I said that the bill had been delayed, deformed, pigeon-holed and stolen, and I would not feel safe until it was made law by the Governor's signature.I was duly sworn in as special messenger, and very proudly carriedthe bill to the office, where Gov. John R. Rogers affixed his signature to it and declared it law.

I was duly sworn in as special messenger, and very proudly carriedthe bill to the office, where Gov. John R. Rogers affixed his signature to it and declared it law.

The history of the campaign which followed, as condensed by the president, Mrs. Hill, shows that active work did not begin until the convention held at Seattle in January, 1898. The executive committee was called together after its adjournment and the situation thoroughly canvassed. A resolution which welcomed work for the amendment by other societies under their own auspices was unanimously passed, as it was realized that there was not time in which to bring all suffragists into line under one management. Money was scarce and hard to obtain, and public attention was divided between the Spanish-American War and the gold excitement in Alaska. The association at once turned its attention to the obtaining of funds, the securing of the favorable attitude of the press and the formal indorsement of the amendment by other organizations.

Clubs were formed in wards and precincts to hold meetings, assist the State association financially, distribute literature and circulate a petition for signatures of women only, asking that the voters cast their ballots for the proposed amendment. It was impossible to prosecute the petition work thoroughly throughout the State, but the largest cities—Seattle, Tacoma, Spokane and Olympia—with many country precincts, both east and west of the mountains, were very satisfactorily canvassed. It was found that over 88 per cent. of all the women asked to sign the petition did so. The rest were divided between the indifferent and those positively opposed. No one received a salary for services. Less than $500 was collected, and $5.47 remained in the treasury, after every bill was paid, the day before election.

The State association issued 5,000 pieces of literature of its own, a booklet of thirty pages containing testimonials from leading citizens of the four Free States—Wyoming, Colorado, Utah and Idaho. Early in the campaign Mrs. Carrie Chapman Catt, chairman of the national organization committee, sent 62,200 pieces. Henry B. Blackwell, editor of theWoman's Journal, shortly before the election forwarded from Boston 500 pieces to each of the thirty-four counties in Washington. This literature no doubt helped to swell the vote for the amendment.

Forty country newspapers were regularly sent free to State headquarters; the city papers at half-rates. The press was courteous in every instance, and either advocated equal suffrage, kept silence or opened its columns to both sides. The SeattleDaily Timesstrongly favored it.

The Christian Church Convention, which met in Tacoma early in the campaign, gave hearty indorsement to the amendment. The M. E. Church Conference followed at the same place with a vote of 27 ayes, 26 noes; the Congregational Convention at Snohomish with one dissenting vote. Presbyterian and other ministers throughout the State quietly gave their support. The ministerial associations of Seattle each received a committee from the E. S. A. One of the members of the Ministers' Association of Spokane read a paper on Equal Suffrage, which was interestingly discussed, showing eight in favor, three opposed and one doubtful. The Christian Endeavorers at their convention in Walla Walla passed a resolution calling attention to the approaching election, and asking for the intelligent consideration of the amendment; eight of the trustees were in favor of recommending active work in local societies, but because the sentiment was not more nearly unanimous no action was taken. The Independent Order of Good Templars and the Prohibition party indorsed the amendment. The Woman's Christian Temperance Union lent a helping hand judiciously. All demands and arguments were non-sectarian and non-political, being based upon the claims of justice as the only tenable ground on which to stand.

Many of the most self-sacrificing workers came from the liberal and free-thought societies, which are generally favorable to equal rights. The Western Central Labor Union of Seattle extended courtesies to the E. S. A. and kept suffrage literature in its reading-room. TheFreemen's Labor Journalof Spokane, State organ of the trades unions, supported the amendment. Single Taxers, as a rule, voted for it. The State Grange in convention formally indorsed it and promised support.[460]

On Nov. 5, 1898, the amendment was voted upon, receiving 20,658 yeas, 30,540 nays; majority opposed, 9,882. As in 1889,the adverse majority was 19,392, a clear gain was shown of 9,510 in nine years.

In 1899 a bill was prepared for the State association by Judge J. W. Langley, amending the constitution so that whenever an amendment giving the right of suffrage to women should be submitted to the people, the women themselves should be permitted to vote upon it. John W. Pratt introduced the bill in the House, but it was referred to the Committee on Constitutional Revision and not reported. Near the close of the session Mr. Pratt brought it up on the floor of the House. A motion to postpone it indefinitely was immediately made and, practically without discussion, was carried by almost a unanimous vote.

Organization:For twelve years before the women of Washington were enfranchised, Mrs. Abigail Scott Duniway of Oregon was in the habit of canvassing the Territory in behalf of woman suffrage, traveling by rail, stage, steamer and on foot, and where she found halls and churches closed against her, speaking in hotel offices and even bar-rooms, and always circulating her paper theNew Northwest. The Legislature recognized her services by a resolution in 1886, when accepting her picture, The Coronation of Womanhood. There was not during all this time any regularly organized suffrage association. When in the summer of 1888 the women of the Territory saw the franchise taken away from them by decision of the Supreme Court, a number of local societies were formed and soon banded themselves into an association of which the Hon. Edward Eldridge was president until his death in 1892. Afterward A. H. Stewart was made president, Mrs. Laura E. Peters, vice-president, and Mrs. Bessie Isaacs Savage, secretary. Mrs. Zerelda N. McCoy was president of the Olympia Club, and Mrs. P. C. Hale, treasurer.

On Jan. 21, 22, 1895, the first delegate convention was held in Olympia, and a State Equal Suffrage Association formally organized. Mrs. Savage was elected president; Mrs. Clara E. Sylvester, vice-president; Mrs. Lou Jackson Longmire, secretary; Mrs. Ella Stork, treasurer. In April a special meeting was held in Seattle and the State was divided into six districts for organization and other work, as it was evident there would soon be another amendment campaign.

The second convention was held in Seattle, Jan. 29, 30, 1896, with the Hon. Orange J. Jacobs as the principal speaker.

Throughout 1897 the efforts of the suffragists were directed toward securing a resolution from the Legislature for the submission of an amendment, and no convention was held.

In January, 1898, the State association again met in Seattle. Mrs. Homer M. Hill was elected president; Mrs. Peters, vice-president; Miss Martha E. Pike, secretary; Mrs. Savage, treasurer.

The management of the exposition held in Seattle for three weeks in October, kindly accorded space to the Red Cross, Equal Suffrage Association, W. C. T. U., Kindergarten and City Federation of Women's Clubs. Mrs. Carrie Chapman Catt, with Miss Mary G. Hay, paid Washington a visit during this month. She spoke in the first M. E. Church at Seattle to a large audience, and the Woman's Century Club tendered her a reception. At Tacoma the Woman's Study Club arranged a lecture for her in the Tacoma Hotel parlors, which was well attended by representative people. Mrs. Emma C. McCully made the preparations for her at Ellensburg, and Mrs. Lida M. Ashenfelter bore the expense of the meeting at Spokane.

In December, 1899, the State Teachers' Association passed a resolution strongly indorsing equal suffrage. The Mental Science Convention took similar action.

Since the defeat of the amendment in 1898 no State conventions have been held. During 1900 the corresponding secretary, Miss Pike, visited many towns and conferred with representative women in reference to again taking up the work; while the president, Mrs. Hill, endeavored to secure the interest and indorsement of the various political parties.

Legislative Action and Laws:In 1886 the Legislature amended the Homestead Law and gave to widows possession of the homestead, wearing apparel and household furniture of their deceased husbands, and the right to comply with the legal provisions for securing homesteads in case the husbands had not done so; it further declared that the homestead should be inviolate from executions for the payment of debts, either individual or community; it amended the community property law, givinghusband and wife equal rights in the testamentary disposition of it. It also enabled married women to act as administrators.

In 1890 the Legislature conferred School Suffrage upon women. The act was approved by Gov. E. P. Terry on March 27. The same Legislature passed a bill requiring employers to provide seats for their female employes, and enacted that all avenues of employment should be open to women. It amended the community property law so that husband or wife could prevent the sale of his or her interest.

In 1891 a bill was passed which made a woman punishable for the crime of arson, even though the property set fire to might belong to her husband.

The Legislature of 1893 appropriated $5,000 for the Woman's Department of the State at the World's Fair in Chicago. A bill passed this year provided matrons for jails in cities of 10,000 or more inhabitants. The "age of protection" for girls was raised from 12 to 16 years. Unfortunately the title of this bill was omitted and in compiling the code it was excluded, but the Supreme Court afterward legalized the action of the Legislature.

In 1899 the age was raised to 18 years. This was accomplished through the efforts of the W. C. T. U., under the management of Misses Mary L. and Emma E. Page. The penalty is imprisonment in the penitentiary for life or "for any term of years." No minimum penalty is given. Deceit or fraud may be considered force.

Married women were granted the right to act as executors of wills in 1899.

Dower and curtesy are abolished. The testamentary rights of husband and wife are the same in regard to their separate property. If either die without a will, leaving only one child, or the lawful issue of one, the widow or widower takes half the real estate. If there is more than one child living, or one child and lawful issue of one or more children deceased, the widow or widower takes one-third of the real estate. If there is no descendant living the survivor receives one-half the real estate, unless there is neither father, mother, brother nor sister of the decedent living, when he or she takes all of it. The surviving husband orwife has one-half the personal property if there is issue living, otherwise all of it, after the debts are paid.

The old Spanish law in regard to community property obtains. While each retains control of his or her separate estate, the control of the community property is vested absolutely in the husband. This includes all acquired after marriage by the joint or separate efforts of either; lands acquired under the homestead laws; lands purchased with money derived from profits or loans of the wife's separate estate; lands purchased by her with money saved from household expenses; and the court has held that even her earnings outside the home are community property unless she is living apart from her husband. The husband can not convey this without the wife's signature, and he can not dispose of more than one-half of it by will. Upon the death of either husband or wife one-half of the community property descends to the survivor, and the other half is subject to testamentary disposition. If there is no will the survivor takes half and the heirs of the deceased half; if there are none he or she takes the whole. The survivor has the preference in the right of administration.

A married woman may make contracts and sue and be sued in her own name. Husband and wife can not enter into business partnerships with each other.

By an act of 1879 father and mother were given equal guardianship of the children, and in case of the death of either the guardianship passed to the survivor. But in 1896 the Legislature enacted that the father might appoint by will a guardian of both persons and estates of minor children to the exclusion of the mother.

The same Legislature passed a law making the expenses of the family and education of the children chargeable upon the property of both husband and wife, or either of them, and provided that in relation thereto they might be sued jointly or separately.

Suffrage:Since 1890 women may vote for school trustees, bonds and appropriations on the same terms as men, but can not vote for State or county superintendents.

Office Holding:In the fall of 1894 Miss Ella Guptil was elected superintendent of schools for Clallam County. Her rightto hold the office was contested by her opponent, C. E. Russell. Miss Guptil asked the following Legislature to make her position definite, and in February, 1895, a bill was passed and approved by Gov. John H. McGraw which removed all doubt, and she assumed the office.

At the present time (1900) there are seven women county superintendents. Women may sit on the school boards of all cities and towns. They are not eligible to any other elective office.

In 1897-98 Mrs. Carrie Shaw Rice served as a member of the State Board of Education. Women do not sit on other boards.

The law requires women matrons in the jails of all cities of 10,000 inhabitants and upwards, but not at police stations.

Women are employed in subordinate capacities in various State and municipal offices. They are also librarians in many places.

They can not serve as notaries public.

Occupations:It was enacted by the Legislature of 1890 that: "Hereafter in this State every avenue of employment shall be open to women; and any business, vocation, profession and calling followed and pursued by men may be followed and pursued by women, and no person shall be disqualified from engaging in or pursuing any business, vocation, profession, calling or employment on account of sex: Provided, That this section shall not be so construed as to permit women to hold public office."

Education:All of the educational institutions are open to both sexes alike.

In the public schools there are 1,033 men and 2,288 women teachers. The average monthly salary of the men is $42.13; of the women, $34.53.

FOOTNOTES:[456]The History is indebted for the material for this chapter to Miss Martha E. Pike of Seattle, corresponding secretary of the State Equal Suffrage Association.[457]SeeHistory of Woman Suffrage, Vol. III, p. 776.[458]For further information seeAppendix for Washington.[459]For addresses and other proceedings see theWoman's Tribune, Oct. 5, 1889, and the following numbers.[460]That practically all of the best elements in the State favored this amendment, and yet it was defeated, shows how thoroughly the disreputable classes controlled politics.

[456]The History is indebted for the material for this chapter to Miss Martha E. Pike of Seattle, corresponding secretary of the State Equal Suffrage Association.

[457]SeeHistory of Woman Suffrage, Vol. III, p. 776.

[458]For further information seeAppendix for Washington.

[459]For addresses and other proceedings see theWoman's Tribune, Oct. 5, 1889, and the following numbers.

[460]That practically all of the best elements in the State favored this amendment, and yet it was defeated, shows how thoroughly the disreputable classes controlled politics.

In 1867 Samuel Young introduced into the Senate of West Virginia a bill to confer the suffrage on educated, taxpaying women, but it found no advocates except himself. In 1869 he presented a resolution asking Congress for a Sixteenth Amendment to enfranchise women, which received the votes of eight of the twenty-two senators.

No further step ever was taken in this direction until the spring of 1895, when Mrs. Annie L. Diggs of Kansas was sent into the State by the National Woman Suffrage Association but reported that the question was too new to make any organization possible. In the fall Miss Mary G. Hay, national organizer, arranged a two weeks' series of meetings with the Rev. Henrietta G. Moore of Ohio as speaker, and several clubs were formed in the northern part of the State. A convention was called to meet in Grafton, November 25, 26, when an association was formed and the following board of officers was elected: President, Mrs. Jessie C. Manley; vice-president, Harvey W. Harmer; corresponding secretary, Mrs. Annie Caldwell Boyd; recording secretary, Mrs. L. M. Fay; treasurer, Mrs. K. H. De Woody; auditors, Mrs. M. Caswell and Mrs. Louise Harden.

The second convention was held at Fairmont in January, 1897, Mrs. Carrie Chapman Catt, chairman of the national organization committee, assisting. Everything was so new that her presence and instruction were an inspiration and a help, without which it is doubtful whether the work would have continued. Officers were elected as follows: President. Mrs. Fannie J. Wheat; vice-president, Mrs. Mackie M. Holbert; recording secretary, Mrs. Beulah Boyd Ritchie; auditors, Mrs. Mary LongParson and Mrs. Mary Butcher; member national executive committee, Mrs. Mary H. Grove. The corresponding secretary and the treasurer were re-elected.

In April, 1898, the annual meeting was held at Wheeling, in the Carroll Club Auditorium. Mrs. Chapman Catt and the Rev. Anna Howard Shaw, vice-president-at-large of the National Association, made addresses each afternoon and evening, and both filled the pulpit of the large Methodist Church on Sunday. All the officers were re-elected except the treasurer, who was succeeded by Miss J. B. Wilson.

The next convention took place at Fairmont in the fall of 1899, Mrs. Chapman Catt again assisting to make it a success. The officers elected were: President, Mrs. Ritchie; vice-president, Mr. Harmer; corresponding secretary, Mrs. Boyd; recording secretary, Miss Clara Reinheimer; treasurer, Mrs. Holbert; auditors, Mrs. Georgia G. Clayton and Mrs. Belle McKinney; member national executive committee, Mrs. Wheat; press superintendent, Mrs. Manley.

Prior to 1895, the subject of the enfranchisement of women was practically unknown in West Virginia, but now there is no part of the State in which the injustice and ignominy of their disfranchisement has not been brought to the mind and conscience of the voters.

Legislative Action and Laws:In 1897 the Legislature appointed a committee to draw up a new State constitution, and the suffragists presented to it a petition, signed by about 600 leading men and women, asking that the word "male" be omitted from the suffrage clause. Individual appeals were made and literature sent to each member of the committee. Many signatures for the petition were obtained at the State Fair, held in Wheeling, where room for a suffrage booth in the Manufacturer's Building was given by the president of the board, Anton Reymann, while every other foot of space was rented out at a large price. The booth was decorated with portraits of the leaders, Susan B. Anthony and Elizabeth Cady Stanton, and made as attractive as possible.

In 1899 the Rev. Anna Howard Shaw addressed a joint session of both Houses of the Legislature in behalf of the enfranchisementof women. Her expenses were paid by the Fairmont suffrage club.[462]The lecture was a decided success, many members of the Legislature expressing themselves as favorable to the cause she advocated. The clause striking out the word "male" was not, however, reported from the committee, and the whole matter of a new constitution eventually was dropped.[463]

By an Act of 1891, no child under 12 years of age, of either sex, can be employed in any mine, factory or workshop.

By an Act of 1893 a married woman may carry on business in her own name, and her earnings and all property, real and personal, purchased by her with the proceeds of such earnings, is in all cases her sole and separate property and not subject to the control or disposal of her husband or liable for his debts. By another act of this year a married woman may sue and be sued in any court in her own name.

By an Act of 1895, a married woman may appoint an attorney in fact to execute any deed or other writing.

By an Act of 1899 employers are required to provide seats for female employes.

Dower and curtesy both obtain. The widower has a life interest in all his wife's real estate, whether they have had children or not. The widow has a life interest in one-third of her husband's real estate, if there are children living. If there are neither descendants nor kindred, the entire real estate of a husband or wife dying without a will goes to the survivor. If there are children living, the widow or widower has one-third of the personal property, and all of it if there are none. A homestead to the value of $1,000 is exempted for either.

If a child die possessed of property and without descendants or a will the father is heir to all of it; if he is dead, the mother inherits only an equal share with each of the remaining children. If both parents and all brothers and sisters are dead, the grandfather is the sole heir; he failing the grandmother shares equally with her surviving children.

The husband can convey his separate property without his wife's signature. The wife can not sell or encumber her separate property without her husband's consent.

The father is the legal guardian of the minor children. If a widow remarry the guardianship of the children of the first husband passes to the second, and she can not even appoint a guardian at her death. No married woman can be a guardian.

The husband is required to furnish support adequate to his property and position in life.

In 1897 the legal age of marriage for girls was raised from twelve to sixteen years.

The "age of protection" remains at 12 years. Formerly the penalty was death or, in the discretion of the jury, imprisonment for not less than seven nor more than twenty years. In 1891 it was enacted that it might be regarded as a felony and punished by imprisonment in the penitentiary not less than two nor more than ten years. Through the efforts of women bills to raise the age have been repeatedly introduced but always have been defeated.

Suffrage:Women possess no form of suffrage.

Office Holding:In 1887 Dr. Harriet B. Jones was appointed assistant hospital physician in the State insane asylum, with the same salary paid the men physicians. She was the first woman ever appointed to such a position in a State institution in West Virginia. On her resignation she was succeeded by Dr. Luella F. Bullard, who still holds the office.

To the untiring energy of Dr. Jones is due the State Industrial Home for Girls. During two sessions of the Legislature she remained at the capital, entirely at her own expense and leaving a lucrative practice, to urge the need of this institution. At length $10,000 were appropriated for this purpose in 1897 and $20,000 more in 1899. Now a girl committing a minor offenseis no longer placed in jail or in the penitentiary while her brother for the same misdeed is sent to the Reform School. Dr. Jones was elected president and all the officers are women.

The State Home for Incurables also represents the work and ability of a woman, Mrs. Joseph Ruffner. Before the same Legislatures as Dr. Jones, she appeared with a bill asking an appropriation, and by persistence secured one of $66,000. The home is now in successful operation with Mrs. Ruffner as president. The Governor is required to appoint boards composed equally of men and women for these two institutions.

Women sit also on the boards of orphan asylums, day nurseries and homes for the friendless.

The Humane Society of Wheeling was organized in 1896 with Mrs. Harriet G. List as president. In 1899 she secured an appropriation of $3,000 from the Legislature to aid in its work.

A woman is librarian on the staff of the Agricultural Experiment Station. The board of education of Wheeling appoints the three librarians in the public library, which is supported from the school fund, and for several years all of these have been women.

In some parts of the State women are appointed examiners to decide on the fitness of applicants to teach in the public schools, but they can not sit on school boards.

Women can not serve as notaries public.

Occupations:No profession or occupation is legally forbidden to women except that of mining.

Education:All institutions of learning are open to both sexes alike. Bethany College has admitted women for more than ten years, and four are on the faculty. In 1897 the State University was made co-educational, after much opposition. It has eight women on its faculty, and two of the three members of its library staff are women.

In the public schools there are 4,096 men and 2,712 women teachers. It is impossible to obtain the average salaries.

FOOTNOTES:[461]The History is indebted for this chapter to Mrs. Annie Caldwell Boyd of Wheeling, who has been an officer continuously in the State Woman Suffrage Association since it was organized.[462]This club raised money by suppers, festivals and a Woman's Exchange for use in the work. It subscribed for twenty-five copies of theWoman's Journalto be sent to the State University, to the six Normal Schools and to various individuals. It also offered $35 in prizes for the best orations on The Enfranchisement of Women, to be competed for by the students of the above schools.[463]In the Legislature of 1901 a bill was introduced conferring on women the right to vote for Presidential electors, as this can be done by the legislators without a reference to the voters. The bill was drawn up by George E. Boyd, Sr. It was reported by the House Judiciary Committee, February 21, with the recommendation "that it do not pass." Henry C. Hervey spoke strongly in its favor and was ably seconded by S. G. Smith, who closed by demanding the ayes and noes on the Speaker's question, "Shall the bill be rejected?" The ayes were 31, noes 25, the bill being defeated by six votes. Speaker William G. Wilson voted against it.The bill was presented in the Senate by Nelson Whittaker, but U. S. Senator Stephen B. Elkins came on from Washington and commanded that it be tabled, which was done.

[461]The History is indebted for this chapter to Mrs. Annie Caldwell Boyd of Wheeling, who has been an officer continuously in the State Woman Suffrage Association since it was organized.

[462]This club raised money by suppers, festivals and a Woman's Exchange for use in the work. It subscribed for twenty-five copies of theWoman's Journalto be sent to the State University, to the six Normal Schools and to various individuals. It also offered $35 in prizes for the best orations on The Enfranchisement of Women, to be competed for by the students of the above schools.

[463]In the Legislature of 1901 a bill was introduced conferring on women the right to vote for Presidential electors, as this can be done by the legislators without a reference to the voters. The bill was drawn up by George E. Boyd, Sr. It was reported by the House Judiciary Committee, February 21, with the recommendation "that it do not pass." Henry C. Hervey spoke strongly in its favor and was ably seconded by S. G. Smith, who closed by demanding the ayes and noes on the Speaker's question, "Shall the bill be rejected?" The ayes were 31, noes 25, the bill being defeated by six votes. Speaker William G. Wilson voted against it.The bill was presented in the Senate by Nelson Whittaker, but U. S. Senator Stephen B. Elkins came on from Washington and commanded that it be tabled, which was done.

The bill was presented in the Senate by Nelson Whittaker, but U. S. Senator Stephen B. Elkins came on from Washington and commanded that it be tabled, which was done.

As a Territory Wisconsin interested herself in equal rights. In the first Constitutional Convention universal suffrage regardless of sex or color had a considerable vote. In the second woman suffrage received a certain amount of favorable consideration. Early in the history of the State widows were made heirs of all the property in case of the death of the husband without children, and laws were passed by which a life interest in the homestead was secured to the wife. In 1851 the regents of the State University declared that their plan "contemplated the admission of women," and in 1869 women were made eligible to all school offices.

The first Woman Suffrage Association was organized in 1869 as a result of a large convention in Milwaukee, arranged by Dr. Laura Ross and Miss Lily Peckham, a bright young lawyer, and addressed by Mrs. Elizabeth Cady Stanton, Mrs. Mary A. Livermore, Miss Susan B. Anthony and others. Soon after this several local societies were organized. Its annual meetings since 1883 have been held as follows: 1884, Richland Center; 1885, Whitewater; 1886, Racine; 1887, Madison; 1888, Stevens' Point; 1889, Milwaukee; 1890, Berlin; 1891, Menominee; 1892, Richland Center; 1893, Mukwonago; 1894, Racine; 1895, Evansville; 1896, Waukesha; 1897, Monroe; 1898, Spring Green; 1899, Platteville; 1900, Brodhead.

The president during 1884 was Mrs. Emma C. Bascom, wife of the president of the State University. On leaving for the East she was succeeded by the Rev. Olympia Brown, who has been re-elected every year since.[465]Mrs. Brown was called tothe pastorate of the Universalist Church of Racine in 1878, and during her nine years of service there held occasional meetings in behalf of woman suffrage in various parts of the State.

In addition to annual conventions numerous conferences have been held, too many and too similar in character to make a detailed history of them essential. In the winter of 1884 a course of lectures was given in Racine on subjects relating to women by Mrs. Mary A. Livermore, Mrs. Julia Ward Howe, Mrs. Mary E. Haggart, Mrs. May Wright Sewall and Mrs. J. G. McMurphy.

In November, 1886, Mrs. Brown held a series of nine district conventions in company with Miss Anthony and Mrs. Clara Bewick Colby. On November 1 she received a telegram from Miss Anthony, then in Kansas, saying that they would join in holding conventions in all the congressional districts beginning on the 8th. This seemed a very short time in which to prepare for such a campaign, but by the president's deciding on places and dates without consultation, sending posters to the different towns selected and announcements to all the papers of the State, and then going in person to secure halls and make local arrangements, the date named found a tolerable degree of preparation. The canvass opened with a large reception at the home of Mrs. M. B. Erskine in Racine, which was followed by conventions at Waukesha, Ripon, Oshkosh, Green Bay, Grand Rapids, Eau Claire, La Crosse, Evansville and Madison. At the last place the ladies spoke in the Senate Chamber to a distinguished audience. The effect of these meetings was marked. Many members were added to the State association, branches were organized and an impetus given to the work such as never was known before and has not been repeated. Since then many conventions have been held by the president of the association, its several lecturers and outside speakers.

In 1896 the suffrage association kept open house for ten days at the Manona Lake Assembly; during this time the Rev. Anna Howard Shaw, national vice-president-at-large, gave one of the Chautauqua lectures to an audience of 4,000 people.

In 1898 a conference was held in Madison by the officers of the National Association, attended by the State Executive Board and representatives of various societies.

The Rev. Ella Bartlett, the Rev. Nellie Mann Opdale and the Rev. Alice Ball Loomis have each served as State lecturer for two or more years and proved most efficient. Mrs. Emma Smith DeVoe has also lectured in the State during several different seasons with excellent effect.

Among those who have aided in the work in an early day may be mentioned Madame Mathilde F. Anneke, Dr. Laura Ross Wolcott, Mrs. Ella Partridge, Mrs. Emeline Wolcott; and later Mrs. Lephia O. Brown, the mother, and J. H. Willis, the husband, of the Rev. Olympia Brown.[466]

Prof. Henry Doty Maxon stands pre-eminent among the men who have assisted the cause. He was pastor of the Unitarian Church at Menominee and vice-president of the State Suffrage Association for a number of years, attended the annual meetings regularly and himself arranged one of the most successful, which was held in his church, known as the Mabel Taintor Memorial Hall. Col. J. G. McMynn exerted an influence in favor of woman's advancement, at an early day. Many men have aided by giving money and influence, among them State Senator Norman James, David B. James, Capt. Andrew Taintor, the Hon. T. B. Wilson, Burr Sprague, M. B. Erskine, the Hon. W. T. Lewis, Steven Bull, the Hon. Isaac Stevenson, U. S. Senator Philetus Sawyer and Judge Hamilton of Neenah. The clergy generally have assisted by giving their churches for meetings. The Richland Center Club and the Greene County Equal Rights Association deserve special mention for their faithfulness and generosity. The Suffrage Club of Platteville is also very active.

One of the most important features of the work has been the publication of theWisconsin Citizen, a monthly paper devoted tothe interests of women. It was started in 1887 to educate the people on the suffrage bill of 1885 and has continued ever since, no other one influence having been so helpful to the cause. The association owes this paper to Mrs. Martha Parker Dingee, a niece of Theodore Parker, who edited it for seven years, reading all the proofs, without help and without remuneration; and to Mrs. Helen H. Charlton who has edited and published the paper from 1894 to the present time.

Miss Sarah H. Richards compiled and published an interesting history and directory of the Wisconsin Woman Suffrage Association to which the present sketch is much indebted.

Legislative Action:Only one measure looking to the extension of suffrage to women ever has been passed by the Legislature. This was done in 1885 as the result of the efforts of Alura Collins Hollister, who was appointed to represent the association in legislative work at Madison. The following was submitted to the voters: "Every woman who is a citizen of this State of the age of twenty-one years and upward, except paupers, etc., who has resided within the State one year and in the election district where she offers to vote ten days next preceding any election pertaining to school matters, shall have the right to vote at such election." This was discussed at length in both branches of the Legislature and passed on March 13 by a large majority.

It was voted upon at the fall election in 1886 receiving a majority of 4,583, and thus became a law.[467]

It will be noted that this law specifies what women are to vote, viz.: actual citizens who are not paupers; where women are to vote, viz.: in the election districts where they reside; when women are to vote, viz.: when there is an election pertaining to school matters. It does not specify what women are to vote upon or for whom—they are full voters without limitation at all elections pertaining to school matters. What elections pertain to school matters? First, the general election held once in two years, at which the State Superintendent of Public Instruction and officers controlling the State University and other State institutionsare chosen. Second, the municipal election which in most cities pertains to school matters, as a school board or superintendent is chosen then. Third, other elections in country villages where one or more school officers are chosen. Fourth, special elections where subjects relating to schools are voted upon. Of several suffrage bills reported at this session this one, called the Ginty Bill, was the only one which provided for a submission of the question to the voters, which shows the purpose of the framers to have been to grant State or national suffrage. The broad scope of this law practically giving women a vote on the election of all national, State and municipal officers, was pointed out to the leaders of the suffrage association by some of the men instrumental in its passage, notably Senator Norman James, chairman of the Joint Special Committee that reported the bill. It is claimed that the Legislature did not intend to pass a law so far reaching, but the circumstances of its passage, political conditions at the time, as well as the statements of its members and of the committee, show that they did intend to pass this broad, far-reaching law, giving suffrage to women.

To awaken women to the necessity of voting at the first opportunity—the municipal election in 1887—the suffrage association undertook an active canvass of the State which lasted without interruption until the autumn of 1888, a period of over two years. The Rev. Olympia Brown gave up her church in Racine and devoted herself exclusively to the work. The association was assisted by Miss Anthony, Mrs. Livermore, Mrs. Elizabeth Lyle Saxon, Mrs. Elizabeth Boynton Harbert and Mrs. Catharine Waugh McCulloch. Some of these speakers remained a month, others a week and some only for two or three lectures. The State president attended every meeting.

On the morning of the election in April, 1887, Attorney-General Charles B. Estabrook sent out telegrams to those places where he supposed women would be likely to vote, ordering the inspectors to reject their ballots, which was done; but where they were not advised by him the ballots of women were accepted.

The next effort of the suffrage leaders was to instruct the people in the law and the circumstances of its passage, and thus to inspire confidence in spite of the refusal of the ballots. It wassuggested that as the Presidential election was near at hand, politicians would not leave it uncertain as to whether or not women were entitled to vote, but would secure an interpretation of the law from the Supreme Court without proper argument and presentation of the facts, hence the State W. S. A. decided to test the matter itself. The case was brought by Mrs. Brown against the election inspectors in Racine for refusing to accept her vote, and was ably argued before Judge John B. Winslow of the Circuit Court, now a member of the Supreme Court of Wisconsin. He overruled the demurrer of the inspectors, stating that women were entitled to vote at that election and for all candidates, thus confirming the law.

An appeal was immediately taken by the inspectors to the Supreme Court, and in order to keep the subject before the people and to create a favorable public sentiment the association continued its canvass by distributing literature and giving lectures. The decision rendered Jan. 31, 1888, was written by Justice John B. Cassody and was so vague and loosely worded that lawyers were not agreed as to its meaning. He reversed the finding of the lower court, however, declaring the intent of the law to be to confer School Suffrage only.[468]

The association now found itself confronted by a large debt, the whole suit having cost about $1,500, but by active work the autumn of 1888 found everything paid. In all this Mrs. Almeda B. Gray, one of the officers of the association, was a leading spirit, contributing largely in time and money; Mrs. M. A. Fowler worked night and day, making routes for speakers and planning the campaign, other women assisted according to their ability and the club at Richland Center did excellent service. The decision still left room for litigation, the claim being made that the ruling of the Supreme Court plainly recognized the right of women to vote provided their ballots were put in a separate box.

In the following November Wm. A. McKinley was elected Superintendent of Schools for Oconto County by the votes of women placed in a separate box. His election was contested and the case was argued before Judge Samuel B. Hastings of GreenBay, who, quoting from the decision of Judge Cassody, decided that women had a right to vote provided their ballots were put into a separate box. This case also was appealed to the Supreme Court, where the decision, rendered by Judge William P. Lyon, Jan. 26, 1890, was that the votes of the women in Oconto County were illegally counted. The ground for this finding was that further legislative action was necessary before separate ballot-boxes could be legally provided. Judge Cassody dissented from this opinion.

The law then became practically a dead letter, except in a few instances, until 1901, when an Act of the Legislature provided for separate ballot boxes for women, and in the spring of 1902 they voted on school questions.

In 1895 the legislative committee, consisting of Mrs. Jennie Lamberson, Mrs. Jessie Luther and Mrs. Alice Kollock, assisted by Mrs. Charlton, secured the introduction of two bills—one to strike the word "male" from the State constitution, the other for a suffrage amendment by statute law. A hearing was granted before the joint committee of both Houses in the Senate Chamber, which was crowded. Mesdames Elizabeth Boynton Harbert (Ills.), Helen H. Charlton, Nellie Mann Opdale, Ellen A. Rose and Dr. Annette J. Shaw were the speakers.[469]The bills were reported favorably but were lost after discussion.

Laws:Dower and curtesy obtain. A widow is entitled to a life interest in one-third of the real estate and, if the husband die without a will, to the share of a child in the personal estate. If there is no lawful issue she has the entire estate, both real and personal. The widower has a life interest in all the real estate of his wife not disposed of by will, or in all of it if the wife died intestate, unless she left issue by a former husband, in which case such issue takes it, free from the right of the surviving husband to hold the same by curtesy. If the wife die without a will and leave no issue, the widower is entitled to the entire estate, both real and personal. There may also be reserved for the widow a homestead of not more than forty acres of farm land, or one-quarter of an acre in a town, which at her subsequent marriageor death passes to the heirs of the former husband. If none exist she does not lose her homestead rights by marrying again.

The wife may dispose of all her real estate by conveyance during her lifetime or by will, without the husband's consent. He can not destroy her dower rights.

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

The father, if living, and in case of his death the mother, while she remains unmarried, shall be entitled to the custody of the persons and education of the minor children. The father may by will appoint a guardian for a child, whether born or unborn, to continue during its minority or for a less time.

Neglect to provide for a wife and minor children is a misdemeanor, punished by imprisonment in the county jail not less than fifteen days, during ten days of which food may be bread and water only; or by imprisonment in the penitentiary not exceeding one year, or in the county workhouse, at the discretion of the court.

In 1887 a law was passed raising the "age of protection" for girls from 10 to 14 years. In 1889 this was amended by lowering the age to 12 and reducing the punishment from imprisonment for life to not more than thirty-five nor less than five years. The clause also was added: "Provided that if the child shall be a common prostitute, the man shall be imprisoned in the penitentiary not less than one year nor more than seven."[470]In 1895 the age was raised again to 14 years with the same penalty.

Suffrage:By the law of 1885 every woman who is a citizen of this State of the age of twenty-one years and upwards, except paupers, etc., who has resided in the State for one year and in the election district where she offers to vote ten days next preceding any election pertaining to school matters, shall have a right to vote at such election. By the present interpretation of this law the suffrage of women is limited to school officers and questions. Suffrage may be extended by statute but such law must be ratified by a majority of the voters at a general election.

Office Holding:There is no law authorizing women to hold any elective office except such as pertains to schools, but they have been eligible to these since 1869. Eighteen women have served as county superintendents at the same time; nine are acting at present. They sit on school boards in a number of cities.

In the Legislature women act as enrolling and engrossing clerks, and as clerks and stenographers to committees. They are also found as clerks, copyists and stenographers in the various elective and appointive State, city and county offices.

In the State institutions they are employed as teachers, matrons, bookkeepers, supervisors, State agents for placing dependent children, etc. The Milwaukee Industrial School for Girls, supported partly by public and partly by private funds, is the only institution managed entirely by women.

There are no women physicians at any of the State institutions. One woman was appointed county physician in Waukesha, and one or two have been made city physicians.

The office of police matron was established by city ordinance in Milwaukee in 1884. There is none in any other city.

Women act as notaries public and court commissioners.

Women could not sit on any State Boards until the Legislature of 1901 authorized the appointment of one woman on the Board of Regents for the State University, and one on that of the State Normal School. It also authorized the appointment of a woman State Factory Inspector.

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

Education:In 1851 the regents of the State University took a stand in favor of co-education. In 1866 an Act reorganizing the university declared that in all its departments it should be opened to male and female students; but owing to prejudices it was not until 1873 that complete co-education was established, although women were graduated in 1869. All institutions of learning are open alike to both sexes.

In the public schools there are 2,654 men and 9,811 women teachers. The average monthly salary of the men is $41; of the women, $29.50.

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