Volume IV Part 86 (1/2)
Notwithstanding all the efficient work done by the officers of the State a.s.sociation, the local clubs and the platform speakers, this measure would not have become a law but for the vigilant work of the women with the Legislature itself. Mrs. Johns was on hand from the first, tactfully urging the bill. She had very material aid in the constant presence, active pen and careful work of J. B. Johns, her husband. Mrs. Helen M. Gougar of Indiana was granted the privilege of addressing the House while in session. Prominent women from all parts of the State were in attendance, using their influence with the members from their districts. On the day of final debate in the House the floor and galleries were crowded, over 300 women being present. A jubilee impossible to describe followed the announcement that the bill had pa.s.sed.[274] The next day the House was transformed by the women into a bower of blossoms.
In March, the next month after Munic.i.p.al Suffrage was granted to women, the ”age of protection” for girls was raised from ten to eighteen years.
Two years later, in 1889, a bill was presented to amend this law, which pa.s.sed the Senate by 26 yeas, 9 nays, and was sent to the House.
It was so smothered in words that the general public was not aware of its meaning. By the time it reached the House, however, the alarm had been sounded that it proposed to reduce the age of consent, and there was a storm of protest. This was not alone from women but also from a number of men. The Labor Unions were especially active in opposition and the House was inundated with letters and pet.i.tions. The bill was referred to the Judiciary Committee which reported it with the recommendation that it be not pa.s.sed. Its author claimed that it was intended simply to afford some protection for boys.[275] In 1891 Attorney-General L. B. Kellogg recommended that, in order to protect young men of immature years from women of immoral life, inquiry as to the character of the woman bringing the charge should be permitted.
Gov. Lyman U. Humphrey urged that such an amendment should be adopted, which could be done without lowering the age of protection for girls.
No change, however, has been made in the law.
In 1889 the divorce law was so amended as to give the wife all the property owned by her at the time of marriage and all acquired by her afterward, alimony being allowed from the real and personal estate of the husband.
This year a bill was pa.s.sed creating the Girls' Industrial School.
Mrs. S. A. Thurston was one of the prime factors in securing this bill.
As the Legislature was overwhelmingly Republican the greatest effort was put forth to secure a law making it mandatory to place women on the State Boards of Charitable Inst.i.tutions. Thirty-six large pet.i.tions were introduced by as many members in each House but all failed of effect.
In 1891 the Populist party gained control of the House of Representatives, although the Senate was still Republican. Mrs. Annie L. Diggs had been appointed by the Farmers' Alliance on their State legislative committee and she began a vigorous campaign to secure Full Suffrage for Women by Statutory Enactment, which it was believed could be done under the terms of the const.i.tution. The bill was introduced into the House and urged by J. L. Soupene. Mrs. Diggs had the a.s.sistance of Col. Sam Wood and other ardent friends of suffrage.
The Committee on Political Rights of Women reported the bill favorably, and said through its chairman, D. M. Watson:
While the const.i.tution declares in the first section of its suffrage article that ”every white male person, etc., shall be deemed a qualified elector,” in the second section it names certain persons who shall be excluded from voting. Women are not given the right to vote in the first nor are they excluded in the second, and this indicates that the question of their right to vote was intended to be left to the Legislature. The Supreme Court (Wheeler vs. Brady, 15th Kas., p. 33,) says: ”There is nothing in the nature of government which would prevent it. Women are members of society, members of the great body politic, citizens as much as men, with the same natural rights, united with men in the same common destiny, and are capable of receiving and exercising whatever political rights may be conferred upon them.”
On February 14 the bill received 60 yeas, 39 nays, not a const.i.tutional majority. The sentiment in favor was so strong among the Populists that a reconsideration was finally secured and the bill pa.s.sed by 69 yeas--64 Pop., 4 Rep., 1 Dem.; 32 nays--16 Pop., 12 Rep., 4 Dem. Previous to its pa.s.sage the Speaker, P. P. Elder (Pop.) presented a protest signed by himself, 7 Populists, 4 Republicans and 4 Democrats, declaring it to be unconst.i.tutional and giving eight other objections.[276]
The friends were much elated at its pa.s.sage over this protest and sent at once for Mrs. Johns to come to Topeka and work for its success in the Senate. She made every possible effort but in vain, the Republicans basing their refusal on its unconst.i.tutionality. There was every reason to believe the Supreme Court would have upheld the statute.
In 1893 an amendment to the const.i.tution was submitted to the electors by votes of both Republican and Populist members of the Legislature and was defeated in 1894, as has been related.
In 1897 two bills were introduced, one providing for a Bond Suffrage which is not included in the Munic.i.p.al; the other to enable women to vote for Presidential electors. They were not reported from committee.
In 1899 a bill providing that there should be women physicians in penal inst.i.tutions containing women and at least one woman on the State Board of Charities was favorably reported by, the House committee, but did not reach a vote.
This year an act was secured creating the Traveling Libraries Commission. The work for this was initiated and princ.i.p.ally carried forward by Mrs. Lucy B. Johnston, who enlisted the women of the Social Science Federation in 1897. The federated club women had conducted the enterprise three years and now turned over to the State forty libraries of about 5,000 volumes. In 1901 the appropriation was raised from $2,000 to $8,000.
On Jan. 14, 1901, a bill prepared by Auditor Carlisle of Wyandotte county was introduced by its Representative J. A. Butler (Dem.) of Kansas City, to repeal the law giving Munic.i.p.al Suffrage to women. It was received with jeers and shouts of laughter and referred to the Judiciary Committee, which, on the 17th, reported it with the recommendation that it be not pa.s.sed. On January 18 he re-introduced the same measure under another t.i.tle. This time protests were sent in from all parts of the State. Mrs. Diggs went to Mr. Butler's home and secured a large number of these from his own const.i.tuents. A hearing was given by the Judiciary Committee to a delegation of prominent women and the bill was never reported.
As there seemed so much favorable sentiment it was hastily decided to ask this Legislature to give women the right to vote for Presidential electors, which would unquestionably be legal. Mrs. Johns and Miss Helen Kimber looked after its interests with the Republican members; Mrs. Diggs with the Populists. The evening of February 26, when the vote was to be taken in the Senate, floor and galleries were crowded with women of position and influence. Senator Fred Dumont Smith (Rep.) had charge of the bill, and Senator G. A. Noftzger (Rep.) led the opposition. The vote resulted in 22 yeas--16 Rep., 4 Pop., 2 Dem.; 13 nays--12 Rep., 1 Pop. The friends had every reason to believe the House would pa.s.s the bill, but in the still small hours of the night following the action of the Senate, its Republican members in caucus decided that this might injure the party at the approaching State election, and the next morning it was reconsidered and defeated by 14 yeas--9 Rep., 4 Pop., 1 Dem.; 23 nays--21 Rep., 1 Pop., 1 Dem.
LAWS: The const.i.tution of Kansas, adopted in 1859, contained more liberal provisions for women than had existed in any State up to that time. It made the law of inheritance the same for widow and widower; gave father and mother equal guardians.h.i.+p of children; and directed the Legislature to protect married women in the possession of separate property. This was not done, however, until 1868, the next year after the first campaign to secure an amendment conferring suffrage upon women. At this time a statute provided that all property, real and personal, owned by a woman at marriage, and all acquired thereafter by descent or by the gift of any person except her husband, shall remain her sole and separate property, not subject to the disposal of her husband or liable for his debts.
A married woman may make contracts, sue and be sued as if unmarried; engage in any business or perform any services and her earnings shall be her sole and separate property to be used or invested by her. The wife can convey or mortgage her separate personal property without the husband's signature. He can do the same without her signature except such as is exempt so long as a man is married. Neither can convey or enc.u.mber real estate without consent of the other.
If there are no children the surviving husband or wife takes all the property real and personal; if there are children, one-half. Neither can dispose by will of more than one-half of the separate property without the consent of the other. A homestead of 160 acres of land, or one acre within city limits, is reserved free from creditors for the survivor. If the wife marry again, or when the children have attained their majority, the homestead must be divided, she taking one-half. If she die first the husband has the right of occupancy for life, whether he marry or not, but the homestead must descend to her heirs.
The husband must support the wife according to his means, or she may have alimony decreed by the court without divorce, or in some cases she may sue directly for support. In case of divorce the wife is ent.i.tled to all the property owned by her at marriage and all acquired by her afterwards, alimony being allowed from the real and personal estate of the husband.
The ”age of protection” for girls is 18, with penalty of imprisonment at hard labor not less than five nor more than twenty-one years.
SUFFRAGE: (See page 659.)
OFFICE HOLDING: The first State const.i.tution, in 1859, declared women eligible for all School offices. As it does not require that any State officer except member of the Legislature shall be an elector, women are not legally debarred from any other State office. The const.i.tution does prescribe the qualifications for some county officers, and the Legislature for others and for all towns.h.i.+p officers. Some of these are required to be electors and some are not; some can be voted for only by electors and the law is silent in regard to others. It would perhaps require a Supreme Court decision in almost every case if there were any general disposition to elect women to these offices. Twenty years ago a few were serving as county clerks, registers of deeds, regents of the State University, county superintendents and school trustees.
In 1889 Attorney-General L. B. Kellogg (Rep.) appointed his wife a.s.sistant Attorney-General. She was a practicing attorney and her husband's law partner and filled the office with great ability. Miss Ella Cameron served out her father's unexpired term as Probate Judge and the Legislature legalized her acts.