The History of Woman Suffrage Volume IV Part 71

A married woman may contract, sue and be sued and proceed in all actions as if unmarried. She may dispose of all her separate property by deed or will, without the consent of her husband. He can not do this.

The father is the legal guardian of the persons, estates and earnings of the minor children. If he abandon them the mother is ent.i.tled thereto. At his death she is the guardian, if suitable. Should she marry again she loses the guardianship but, by agreement, the court may re-appoint her.

If the husband is not able to support the family the wife must maintain him and the children to the best of her ability, and her separate estate may be held liable. If he wilfully neglect to provide for them his separate property shall be held liable, and he may be imprisoned in the county jail not less than sixty days nor more than six months.

In case either husband or wife abandons the family and leaves the State for a year or more, or is sent to prison for a year or more, the court may authorize the one remaining to sell or enc.u.mber the property of the other for the maintenance of the family or the debts which were left unpaid after due notice has been given to the absent one.

The causes for divorce do not differ from those in a number of other States, but by requiring a residence of only six months a great inducement is offered to persons from outside to come here for the express purpose of securing a divorce.

The "age of protection" for girls was raised from 10 to 14 years in 1887. The women attempted in 1895 to have it raised to 18 but succeeded only in getting 16 years. The reduction of the penalty, however, made this of small avail. For the first degree it is imprisonment in the penitentiary not less than ten years; second degree, imprisonment in the penitentiary not less than five years.

"But no conviction can be had in case the female is over the age of 10 years and the man under the age of 20 years, and it appears to the satisfaction of the jury that the female was sufficiently matured and informed to understand the nature of the act and consent thereto."

SUFFRAGE: The Territorial Legislature of 1879 gave women a vote on questions pertaining to the schools, which were then decided at school meetings. This was partially repealed by a law of 1883 which required regular polls and a private ballot, but this Act did not include fifteen counties which had school districts fully established, and women still continued to vote at these district school meetings. In 1887 a law was enacted giving all women the right to vote at all school elections for all officers, and making them eligible for all school offices. By the State const.i.tution adopted in 1889 all women properly qualified may vote for all public school officers, including State Superintendent, and on all questions pertaining solely to school matters.

At the special school election held in Grand Forks, Aug. 4, 1890, Mrs.

Sara E. B. Smith and Dr. Cora Smith (Eaton) voted. Objections were raised, but with the law and the const.i.tution back of them they carried the day. On September 5, in response to a request from the Grand Forks W. S. A., Attorney-General J. M. Cochrane gave a written opinion that the provision of the const.i.tution relating to woman suffrage was not self-executing, and that until supplementary legislation was enacted providing the requisite machinery for recording school ballots cast by women, they could not vote. As the authorities in a number of places refused to provide separate boxes, the Legislature of 1893 pa.s.sed an act requiring them.

OFFICE HOLDING: Women are eligible for all school offices, but for no other elective office.

In 1892 Mrs. Laura J. Eisenhuth was elected State Superintendent of Public Instruction on the Democratic ticket. In 1894 she was again nominated but was defeated by Miss Emma Bates on the Republican ticket.

Eleven women are now serving as county superintendents, and many on local school boards. They do not sit on any State boards. All of the directors of the Woman's Reformatory, under control of the W. C. T.

U., are women.

In the Legislature they serve as librarians, journal, enrolling and engrossing clerks and stenographers. They act also as deputies in State, county and city offices. By special statute of 1893 they may be notaries public.

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

EDUCATION: All of the educational inst.i.tutions are open to both s.e.xes alike and women are on the faculties. Dr. Janette Hill Knox was vice-president of Red River Valley University (Meth. Epis.) for five years.

There are in the public schools 1,115 men and 2,522 women teachers.

The average monthly salary of the men is $39.92; of the women, $35.57.

The Woman's Christian Temperance Union was the first and still continues to be the largest of the organizations. It works for the franchise through public lectures, pet.i.tions, legislative bills and various educational measures. The Woman's Relief Corps and a large number of church, lodge and literary societies enlist women's activities in a marked degree. They sit on the official boards of many churches and some of these are composed entirely of women.

SOUTH DAKOTA.[205]

In June, 1883, a convention was held at Huron to discuss the question of dividing the Territory and forming two States, and a convention was called to meet at Sioux Falls, September 4, and prepare a const.i.tution for those in the southern portion. The suffrage leaders in the East were anxious that this should include the franchise for women. Mrs.

Matilda Joslyn Gage of New York, vice-president-at-large of the National Suffrage a.s.sociation, lectured at various points in the Territory during the summer to awaken public sentiment on this question. On September 6 a pet.i.tion signed by 1,000 Dakota men and women, praying that the word "male" should not be incorporated in the const.i.tution, was presented to the convention, accompanied by personal appeals. There was some disposition to grant this request but the opponents prevailed and only the school ballot was given to women, which they already possessed by Act of the Legislature of 1879.

However, this const.i.tution never was acted upon.

The desire for division and Statehood became very urgent throughout the great Territory, and this, with the growing sentiment in Congress in favor of the same, induced the Legislature of 1885 to provide for a convention at Sioux Falls, composed of members elected by the voters of the Territory, to form a const.i.tution for the proposed new State of South Dakota and submit the same to the electors for adoption, which was done in November, 1885. Many of the women had become landholders and were interested in the location of schoolhouses, county seats, State capital and matters of taxation. As their only organization was the Woman's Christian Temperance Union, a committee was appointed from that body, consisting of Alice M. A. Pickler, Superintendent of the Franchise Department, Helen M. Barker and Julia Welch, to appear before the Committee on Suffrage and ask that the word "male" be left out of the qualifications of electors. They were helped by letters to members of the convention from Lucy Stone, Henry B. Blackwell, Susan B. Anthony, Lillie Devereux Blake and others of national reputation.

Seven of the eleven members of the committee were willing to grant this request but there was so much opposition from the convention, lest the chances for Statehood might be imperiled, that they compelled a compromise and it was directed that the first Legislature should submit the question to the voters. They did incorporate a clause, however, that women properly qualified should be eligible to any school office and should vote at any election held solely for school purposes. This applied merely to school trustees, as State and county superintendents are elected at general and not special elections.

The const.i.tution was ratified by the voters in 1885, with a provision that "the Legislature should at its first session after the admission of the State into the Union, submit to a vote of the electors at the next general election, the question whether the word 'male' should be stricken from the article of the const.i.tution relating to elections and the right of suffrage."

Congress at that time refused to divide the Territory and thus the question remained in abeyance awaiting Statehood.

In 1889, an enabling act having been pa.s.sed by Congress, delegates were elected from the different counties to meet in convention at Sioux Falls to prepare for the entrance of South Dakota into Statehood. This convention reaffirmed the const.i.tution adopted in 1885, and again submitted it to the voters who again pa.s.sed upon it favorably, and the Territory became a State, Nov. 2, 1889.

The first Legislature met at once in Pierre, and although they were required by the const.i.tution to submit an amendment for woman suffrage a vote was taken as to whether this should be done. It stood in the Senate 40 yeas, one nay; absent or not voting, 4; in the House 84 yeas, 9 nays; 21 absent.

On Nov. 11, 1889, Miss Anthony, in response to urgent requests from the State, made a lecture tour of twelve cities and towns and addressed the Farmers' Alliance at their convention in Aberdeen, when they officially indorsed the suffrage amendment. On her return home she sent 50,000 copies of Senator T. W. Palmer's great woman suffrage speech to individual voters in Dakota under his frank.

A State Suffrage a.s.sociation had been formed with S. A. Ramsey, president, Alonzo Wardall, vice-president, the Rev. M. Barker, secretary, and Mrs. Helen M. Barker, treasurer and State organizer; but the beginning of this campaign found the women with no funds and very little local organization. Mr. Wardall, who was also secretary of the Farmers' Alliance, went to Washington and, with Representative and Mrs. J. A. Pickler, presented a strong appeal for a.s.sistance to the national suffrage convention in February, 1890. It was heartily responded to and a South Dakota campaign committee was formed with Miss Anthony chairman. The officers and friends made vigorous efforts to raise a fund and eventually $5,500 were secured. Of this amount California sent $1,000; Senator Stanford personally gave $300; Rachel Foster Avery of Philadelphia, the same amount; Mrs. Clara L. McAdow of Montana, $250; a number gave $100, among them U. S. Senator R. F.

Pettigrew of South Dakota, and different States sent various sums.[206]

The first of May Miss Anthony returned to South Dakota and established campaign headquarters in Huron. A ma.s.s convention of men and women was held and an active State organization formed with Mrs. Philena Everett Johnson, president, Mr. Wardall, vice-president, which co-operated with the national committee and inaugurated an active campaign. The new State had adopted as its motto, "Under G.o.d the People Rule," and the suffragists wrote upon their banners, "Under G.o.d the People Rule.

Women Are People." A large number of national speakers came in the summer. Local workers would organize suffrage clubs in the schoolhouses and these efforts would culminate in large rallies at the county seats where some noted speakers would make addresses and perfect the organization.

Those from the outside who canva.s.sed the State were Henry B.

Blackwell, editor _Woman's Journal_, Boston, the Rev. Anna Howard Shaw, national lecturer, Mary Seymour Howell (N. Y.), the Rev. Olympia Brown (Wis.), Matilda Hindman (Penn.), Carrie Chapman Catt (Wash.), Laura M. Johns (Kan.), Clara Bewick Colby (Neb.), the Rev. Helen G.

Putnam (N. D.), Julia B. Nelson (Minn.) Miss Anthony was always and everywhere the moving spirit and contributed her services the entire six months without pay. When $300 were lacking to settle the final expenses she paid them out of her own pocket. Mr. Blackwell also donated his services. Most effective State work was done by Mrs. Emma Smith De Voe, and the home of Mr. and Mrs. De Voe was a haven of rest for the toilers during the campaign. Among the other valuable State workers were Dr. Nettie C. Hall, Mrs. Helen M. Barker, and Mrs.

Elizabeth M. Wardall, superintendent of press. A large number of ministers indorsed the amendment. Two grand rallies of all the speakers were held, one in Mitch.e.l.l, August 26, 27, during which time Miss Anthony, Mr. Blackwell, Miss Shaw and Mrs. Pickler addressed the Republican State Convention; the other during the State Fair in September. The 17th was "Woman's Day" and the Fair a.s.sociation invited the ladies to speak. Miss Anthony, Miss Shaw and Mrs. De Voe complied.

The summing up of the superintendent of press was as follows: Total number of addresses by national speakers, 789; State speakers, 707; under the auspices of the W. C. T. U., 104; total, 1,600; local clubs of women organized, 400; literature sent to every voter.

It would be difficult to put into words the hardships of this campaign of 1890 in a new State through the hottest and dryest summer on record. Frequently the speakers had to drive twenty miles between the afternoon and evening meetings and the audiences would come thirty miles. All of the political State conventions declined to indorse the amendment. The Republicans refused seats to the ladies on the floor of their convention although Indians in blankets were welcomed. The Democrats invited the ladies to seats where they listened to a speech against woman suffrage by E. W. Miller, land receiver of the Huron district, too indecent to print, which was received with cheers and applause by the convention. The minority committee report asking for an indors.e.m.e.nt, presented by Judge Bangs of Rapid City, was overwhelmingly voted down. A big delegation of Russians came to this convention wearing huge yellow badges lettered, Against Woman Suffrage and Susan B. Anthony.

The greatest disappointment of the campaign was the forming of an Independent party by the Farmers' Alliance and the Knights of Labor.

The Alliance at its convention the previous year, 478 delegates present, at the close of Miss Anthony's address, had declared that they would do all in their power to carry the suffrage amendment, and it was princ.i.p.ally on account of their a.s.surances of support and on the invitation of their leaders, that she undertook the work in South Dakota. The Knights of Labor at their convention in January of the present year had adopted a resolution which said: "We will support with all our strength the amendment to be voted on at the next general election giving women the ballot ... believing this to be the first step toward securing those reforms for which all true Knights of Labor are striving."

But the following June these two organizations formed a new party and absolutely refused to put a woman suffrage plank in their platform, although Miss Anthony addressed their convention and implored them to keep their promise, a.s.suring them that their failure to support the amendment would be its death blow. The previous summer H. L. Loucks, president of the Farmers' Alliance, had made a special journey to the State suffrage convention at Minneapolis to invite her to come to South Dakota to conduct this canva.s.s. He was a candidate for Governor on this new party ticket and in his speech of acceptance did not mention the pending amendment. Before adjourning the convention adopted a long resolution containing seven or eight declarations, among them one that "no citizen should be disfranchised on account of s.e.x," but so far as any party advocacy was concerned the question was a dead issue.

A bitter contest was being made between Huron and Pierre for the location of the State capital, and the woman suffrage amendment was freely used as an article of barter. There were 30,000 Russians, Poles, Scandinavians and other foreigners in the State, most of whom opposed woman suffrage. The liquor dealers and gamblers worked vigorously against it, and they were reinforced by the women "remonstrants" of Ma.s.sachusetts, who sent their literature into every corner of the State.

At the election, Nov. 4, 1890, the amendment received 22,072 ayes, 45,862 noes, majority opposed 23,790. The Republicans carried the State by 16,000 majority.

At this same election an amendment was submitted as to whether male Indians should be enfranchised. It received an affirmative vote of 45 per cent.; that for woman suffrage received 35 per cent. Of the two cla.s.ses of voters it seemed the men preferred the Indians. It was claimed by many, however, that they did not understand the wording of the Indian amendment and thought they were voting against it.[207]

As the School Suffrage possessed by women applied only to trustees and did not include the important offices of State and county superintendents, and as it was held that the franchise for this purpose could be secured only by a const.i.tutional amendment, it was decided to ask for this. Through the efforts of Mrs. Anna R. Simmons and Mrs. Emma A. Cranmer, officers of the State a.s.sociation, a bill for this purpose was secured from the Legislature of 1893. As there seemed to be no objection to women's voting for school trustees it was not supposed that there would be any to extending the privilege for the other school officers. It was submitted at the regular election in November, 1894, and defeated by 17,010 ayes, 22,682 noes, an opposing majority of 5,672.

In 1897 the above ladies made one more effort and secured from the Legislature the submission again of an amendment conferring the Full Suffrage on women. The campaign was managed almost entirely by Mrs.

Simmons and Mrs. Cranmer. The National a.s.sociation a.s.sisted to the extent of sending a lecturer, Miss Laura A. Gregg of Kansas, who remained for two months preceding the election; and $100 worth of literature also was furnished for distribution. The Dakota women raised about $1,500, and every possible influence was exerted upon the voters. The returns of the election in November, 1898, gave for the amendment 19,698; against, 22,983; adverse majority, 3,285.

In 1890 the amendment had received 35 per cent. of the whole vote cast upon it; in 1898 it received 77 per cent. The figures show unmistakably that the falling off in the size of the vote was almost wholly among the opponents.[208]

ORGANIZATION: After the defeat of the suffrage amendment in 1890 a more thorough State organization was effected and a convention has been held every year since. That of 1891 met in Huron and Mrs. Irene G. Adams was elected president. Soon afterwards she compiled a leaflet showing the unjust laws for women which disgraced the statute books.

In 1892 a successful annual meeting took place at Hastings and Mrs.

Mary A. Groesbeck was made president. In September, 1893, the convention was held in Aberdeen during the Grain Palace Exposition.

The State president and the president elect, Mrs. Emma A. Cranmer, had charge of the program for Woman's Day, and Mrs. Clara Hoffman (Mo.) gave addresses in the afternoon and evening.

In 1894 Mrs. Anna R. Simmons was elected president and continued in office for six years. This year $100 was sent to aid the Kansas campaign. During 1894 and '95 she made twenty public addresses and held ten parlor meetings. At the convention in Pierre in September, 1895, she was able to report fifty clubs organized with 700 members.

Mrs. Carrie Chapman Catt, chairman of the national organization committee, was present at this convention.

Active work was continued throughout 1896 and 1897, when the submission of a suffrage amendment was secured. The year of 1898 was given up to efforts for its success. Mrs. C. C. King established and carried on almost entirely at her own expense the _South Dakota Messenger_, a campaign paper which was of the greatest service. The State convention met in Mitch.e.l.l September 28-30. Miss Elizabeth Upham Yates (Me.) came as representative of the National a.s.sociation and gave two addresses to large audiences. The following October a conference of National and State workers was held at Sioux Falls, the former represented by Mrs. Chapman Catt, the Rev. Henrietta G. Moore (O.) and Miss Mary G. Hay, national organizers. Several public sessions were held.