Volume IV Part 104 (1/2)
Judge J. B. and Mrs. Sarah Burger Stearns, C. W. and Mrs. Martha A.
Dorsett have been among the oldest and most valued suffrage workers in the State. Miss Martha Scott Anderson, on the staff of the Minneapolis _Journal_, gives efficient help to the cause. Three presidents of the State W. C. T. U., Mesdames Harriet A. Hobart, Susanna M. D. Fry and Bessie Laythe Scoville have been noted as advocates of equal rights.[342]
LEGISLATIVE ACTION AND LAWS: In February, 1891, at the request of Mrs.
Julia B. Nelson, president, and Mrs. A. T. Anderson, chairman of the executive committee of the State a.s.sociation, S. A. Stockwell introduced in the House a bill conferring Munic.i.p.al Suffrage upon women. Mrs. Nelson spent several weeks at the capital looking after the pet.i.tions which came from all parts of the State, interviewing members of the Legislature, distributing literature and trying to get the bill out of the hands of the Committee on Elections, to which it had been referred. After repeated postponements a hearing finally was granted, at which she made a strong plea and showed the good results of woman suffrage in Kansas and Wyoming. The bill was indefinitely postponed in Committee of the Whole, by a vote of 52 yeas, 40 nays.
Among the leaflets placed on the desk of each member was one especially prepared by Mrs. Nelson, ent.i.tled Points on Munic.i.p.al Suffrage. One of its twelve points was this: ”If the Legislature has the power to restrict suffrage it certainly has the right to extend it. The Legislature of Minnesota restricted the suffrage which had been given to women by a const.i.tutional amendment, when it granted to the city of St. Paul a charter taking the election of members of the school board entirely out of the hands of women by giving their appointment to the mayor, an officer elected by the votes of men only.”[343]
Early in the session of 1893 Mrs. Nelson had a conference with Ignatius Donnelly, leader of the Populists, who was then in the Senate. He was willing to introduce a suffrage bill, but as the Republicans were in the majority it was thought best to have this done by John Day Smith, the leader of that party in the Senate. Mr. Smith consented, with the understanding that Mr. Donnelly should help by championing the bill. ”Munic.i.p.al Suffrage for women with educational qualifications,” was all this bill asked for. Mrs. Nelson, Mrs. Anna B. Turley and Senator Donnelly made addresses before the Judiciary Committee at a hearing in the Senate Chamber, with an interested audience present. Mrs. Nelson also gave an evening lecture here on The Road to Freedom.
In place of this bill one to submit an amendment to the voters was subst.i.tuted. The suffragists were averse to this, but accepted it with the best grace possible, and enthusiastically worked for the new bill to amend the State const.i.tution by striking the word ”male” from the article restricting the suffrage. Senators Smith, Donnelly and Edwin E. Lommen spoke for the bill, and it pa.s.sed the Senate by 31 yeas, 19 nays.
In the House it was persistently delayed by the chairman of the Judiciary Committee, George H. Fletcher, and the friends could not get it upon the calendar in time to be reached unless it should be made a special order. Edward T. Young endeavored to have this done, but as there were several hundred other bills to be considered and less than three days of the session left, his motion was lost. On the last night, Mr. Young and H. P. Bjorge made an effort to have the rules suspended and the bill put upon its final pa.s.sage. The vote on this motion was 54 yeas, 44 nays, but as a two-thirds vote is necessary it was lost. Speaker W. E. Lee voted with the affirmative.[344]
Three Suffrage Bills were introduced into the Legislature of 1895, two in the House and one in the Senate. The first, for an amendment to the State const.i.tution, was offered by O. L. Brevig and was indefinitely postponed. S. T. Littleton presented the second, which was to give women a vote upon all questions pertaining to the liquor traffic. This found favor in the eyes of the W. C. T. U., as did also the County Option Bill of J. F. Jacobson, but both were unsuccessful. George T.
Barr introduced a Munic.i.p.al Suffrage Bill into the Senate, but too late for it to be acted upon.
In 1897 Ignatius Donnelly secured the introduction of a bill to enfranchise taxpaying women. A hearing was given by the Judiciary Committee, at which Mrs. Nelson argued that in simple justice women who pay taxes should have a voice in their expenditure or be exempted from taxation, but the bill was not reported.
This year the State Federation of Clubs secured a resolution to submit an amendment to the electorate in 1898, giving women the privilege of voting for and serving on Library Boards.
In 1899 the Local Council of Women of Minneapolis obtained the Traveling Library Bill.
During this year no pet.i.tioning or legislative work was done by the suffragists. The previous legislature had submitted an amendment, which carried, providing that all amendments hereafter must receive a majority of the largest number of votes cast at an election, in order to be adopted. The precedent had been established in 1875 of requiring a vote of the electors on the granting of School Suffrage to women, and in 1898, of Library Suffrage, and it was held that _the same would have to be done_ on granting Munic.i.p.al or any other form of the franchise.
Dower and curtesy were abolished March 9, 1875. If either husband or wife die without a will, the survivor, if there is issue living, is ent.i.tled to the homestead for life and one-third of the rest of the real estate in fee-simple, or by such inferior tenure as the deceased was possessed of, but subject to its just proportion of the debts. If there are no descendants, the entire real estate goes absolutely to the survivor. The personal property follows the same rules. If either husband or wife has wilfully and without just cause deserted and lived separately from the other for the entire year immediately prior to his or her decease, such survivor shall not be ent.i.tled to any estate whatever in any of the lands of the deceased.
The estate of a child who dies without a will and leaves neither wife nor children, goes to the father; if he is dead, to the mother.
The wife can not convey or enc.u.mber her separate real estate without the joinder of her husband. The husband can sell or mortgage all his real estate without her joinder, but subject to her dower. They are both free agents as to personal property.
If divorce is obtained for the adultery of the wife, her own real estate may be withheld from her, but not so in case of the husband.
In case of divorce, the court decides which parent is more fit for the guardians.h.i.+p of children under fourteen years of age; over fourteen, the child decides. Except when children are given to the mother by decree of court, the father is the legal guardian of their persons and property. He may appoint by will a guardian for a child, born or unborn, to the exclusion of the mother.
The husband must support the family according to his means. Failure to do so used to be considered a misdemeanor but it has recently been made a felony punishable by imprisonment in the penitentiary from one to three years unless he give bond for their maintenance. This is likely to be of little effect, however, because of the law of ”privileged communications” which makes it impossible for the wife to testify against the husband.
In 1891 the ”age of protection” for girls was raised from 10 to 16 years, after thousands of women had pet.i.tioned to have it raised to 18. If the child is under 10 years the penalty is imprisonment in the penitentiary for life; between 10 and 14 not less than seven nor more than thirty years; between 14 and 16 not less than one nor more than seven years, or it may be imprisonment in the county jail not less than three months nor more than one year.
SUFFRAGE: An amendment to the const.i.tution was adopted in 1875, giving women a vote on all questions pertaining to the public schools. It being held afterward that this did not enable them to vote for county superintendents, an act for this purpose was pa.s.sed by the Legislature in 1885. (!) The const.i.tution was further amended by popular vote in 1898, granting to women the franchise for members of Library Boards, and making them eligible to hold any office pertaining to the management of libraries. On as harmless an amendment as this 43,600 men voted in the negative, but 71,704 voted in the affirmative; and it was adopted.
This was probably the last election at which any amendment whatever could have been carried; for, among four submitted in the same year, was one providing that thereafter no amendment could be adopted by merely a majority of those voting upon it, but that it must have a majority of the largest number of votes cast at that election.[345]
None ever has been submitted which aroused sufficient interest to receive as large a vote of both affirmative and negative combined as was cast for the highest officer. Therefore in Minnesota it is impossible for women to obtain any further extension of the franchise.
Their only hope for the full suffrage lies in the submission of an amendment to the Federal Const.i.tution by Congress to the Legislatures of the various States.
OFFICE HOLDING: An act of 1887 declares that a woman shall retain the same legal existence and legal personality after marriage as before, and shall receive the same protection of all her rights as a woman which her husband does as a man; and for any injury sustained to her reputation, person or property, she shall have the same right to appeal, in her own name alone, to the courts for redress; but this act shall not confer upon the wife the right to vote or hold office, except as is otherwise provided by law. By a const.i.tutional amendment adopted in 1875 women were made eligible to all offices pertaining to the public schools and to public libraries. They have served as State librarians.
Miss Jennie C. Crays was president of the Minneapolis school board for two years. There are forty-three women county superintendents at the present time, each having from 100 to 130 districts to visit. Women have served as clerks and treasurers of school districts.
A law of 1889 gave to women as well as men the powers of constables, sheriffs or police officers, as agents of the Society for the Prevention of Cruelty to Animals.
A law of 1891 enabled women to be appointed deputies in county offices.