In 1899 the Const.i.tutional Amendment Bill again pa.s.sed the Senate by the usual two-thirds vote, and was defeated again in the House by the usual small vote.
Governors Colcord, Jones and Sadler recommended in their biennial messages to the Legislature that the proposed suffrage amendment to the State const.i.tution be submitted to the voters.[363] The Reno _Gazette_ and Wadsworth _Dispatch_ merit special mention for the able manner in which they have advocated the suffrage movement.
A married woman may control her separate property if a list of it is filed with the county recorder, but unless it is kept constantly inventoried and recorded it becomes community property.
The community property, both real and personal, which includes all acc.u.mulated after marriage, is under absolute control of the husband, and at the death of the wife all of it belongs to him without administration. On the death of the husband the wife is ent.i.tled to one-half of it. If he die leaving no will and no children, she may claim all of it after she has secured the payment of debts to the satisfaction of creditors. The inheritance of separate property is the same for both, and either may claim a life interest in a homestead not exceeding $5,000 in value.
To become a sole trader a woman must comply with certain legal conditions. Her earnings are considered by law to belong to her if her husband has allowed her to appropriate them to her own use, when they are regarded _as a gift from him to her_.
A married woman may sue and be sued and make contracts in her own name.
The father is the legal guardian of the children and may appoint one by will. If this is not done, the mother, if suitable, is the guardian while she remains unmarried.
The husband is required to furnish the necessaries of life to the family; but there is no penalty for failure to do so, except that where the neglect has been continued for one year, when it could have been avoided by ordinary industry, the wife is ent.i.tled to a divorce.
In 1889 the "age of protection" for girls was raised from 12 to 14 years. The penalty is imprisonment in the penitentiary for a term of not less than five years, which may extend for life.
SUFFRAGE: Women possess no form of suffrage.
OFFICE HOLDING: Women are not eligible to any elective or appointive offices except those of county school superintendents and school trustees. There are serving at present one county superintendent and fifteen trustees.
Women act as clerks in State, county and city offices. They can not serve as notaries public.
OCCUPATIONS: No profession or occupation is legally forbidden to women. A number are carrying on mining, and have had mines patented in their own names.
EDUCATION: Women are admitted to all educational inst.i.tutions on the same terms as men.
In the public schools there are 40 men and 274 women teachers. The average monthly salary of the men is $101; of the women, $61.50.
FOOTNOTES:
[360] The History is indebted for this chapter to Mrs. Frances A.
Williamson, first president of the State Equal Suffrage a.s.sociation.
[361] Among those who have filled the various offices are: Vice presidents, Margaret Campbell and Susan Humphreys, corresponding secretaries, May Gill and Catharine Shaw; auditors, A. A. Rattan, Mary Cowen and Laura A. Huffines; superintendent of press work, Margaret Furlong; superintendent of literature, Hester Tate; members national executive committee, Caroline B. Norcross and Elizabeth Webster.
Prominent among the active suffragists, besides those already mentioned, are Sadie Bath, Lettie Richards, Martha J. Wright, Gerty Grey, Annie Ronnow, Emma Hilp, Mary Haslett, Mamie d.i.c.key, Edith Jenkins, Louisa Loschenkohl, Clara Dooley, Mary Bonner, Eliza Timlin and Josie Marsh.
[362] Mrs. Williamson was a.s.sisted by Elda A. Orr, Elizabeth Webster, Mary Alt, Mary A. Boyd, Jane Frazer, Kate A. Martin, Elizabeth Evans, Marcella Rinkle, Susan Humphreys, Sara Reynolds, Frances Folsom, Emma B. Blossom and others, whose womanly and dignified work was complimented by the legislative body and the public in general.
[363] Among the members of both Houses who from time to time have championed this question and favored all legislation for the advancement of women are Messrs. Bell, Birchfield, Coryell, Denton, Ernest, Garrard, Gregooich, Haines, Julien, Kaiser, Lord, Mante, Martin, Marshall, McHardy, McNaughton, McCone, Murphy, Richards, Skagg, Vanderleith and Williamson.
CHAPTER LIII.
NEW HAMPSHIRE.
New Hampshire has been rich in distinguished citizens who believed in woman suffrage. Ex-United States Senator Henry W. Blair always has been one of its most devoted advocates, and his successor, Dr. Jacob H. Gallinger, is no less a staunch friend. The names of both for many years have stood as vice-presidents of the State a.s.sociation. From 1868 the Hon. Nathaniel P. and Mrs. Armenia S. White were the pillars of the movement and there was an efficient organization. His death in 1880 and her advancing years deprived it of active leadership and, while the sentiment throughout the State continued strong, there was little organized work. Mrs. White was president for many years and afterwards was made honorary president. Parker Pillsbury was for a long time vice-president and later the Hon. Oliver Branch. Mrs. Jacob H. Ela and Mrs. Bessie Bisbee Hunt served several years as chairmen of the executive committee.[364] Many pet.i.tions for suffrage were circulated and sent to the Legislature and money was raised for the National a.s.sociation. The Grange and the Woman"s Christian Temperance Union have been valuable allies.
On June 29, 30, 1887, a convention was held in Concord and arrangements made for a systematic canva.s.s of the State.
On Jan. 10, 1889, Mrs. White and other officers of the State a.s.sociation were granted a hearing by the Const.i.tutional Convention then in session. They presented pet.i.tions and made a plea that the State const.i.tution be amended so as to prohibit political distinctions on account of s.e.x. The special committee reported "inexpedient to legislate" and their report was adopted.
A State meeting was held in Concord, Dec. 14, 1892, a full board of officers was elected and it was voted to become auxiliary to the National American a.s.sociation and to remain auxiliary to the New England a.s.sociation.
On Jan. 10, 1895, the New England W. S. A. held a convention in Nashua with Miss Elizabeth Upham Yates of Maine, Mrs. Julia Ward Howe, Henry B. Blackwell and Miss Alice Stone Blackwell, editors of the _Woman"s Journal_, Boston, as speakers. The day after its close the annual business meeting of the New Hampshire a.s.sociation was held and was addressed by Miss Blackwell. On November 8 it called a meeting at the same place for the transaction of some special business.
On Jan. 10, 1896, and on Feb. 24, 1897, the annual meetings were held in Nashua, the latter addressed by Miss Blackwell. Mrs. Marilla M.
Ricker, a former officer of the society but now practicing law in Washington, D.C., was candidate for U. S. Minister to Colombia, and New Hampshire was one of six States which pet.i.tioned for her appointment. Ex-Senator Blair exerted himself in her behalf, but it is hardly necessary to say that she was not appointed.
The desire for a more effective organization had grown so strong that in November, 1900, Mrs. Susan S. Fessenden of Boston was sent into the State by the New England a.s.sociation and spent two weeks, forming clubs in Concord, Newport, Littleton, Andover and North Conway, and preparing for societies in Nashua and Manchester.
In the autumn of 1901 Miss Mary N. Chase of Andover spent a month organizing local societies. A convention was called for December 16, 17, in Manchester, at which ten towns were represented. The meetings were held in the City Hall, and Mrs. Carrie Chapman Catt, president of the National a.s.sociation, was introduced to a fine audience the first evening by Cyrus H. Little, Speaker of the House of Representatives.
Addresses were made also by Mr. and Miss Blackwell. A strong official board was elected[365] and an effort will be made to educate public sentiment to demand a woman suffrage clause from the convention to revise the State const.i.tution, which is likely to be held within a short time. On the evening of December 17 Mrs. Chapman Catt spoke in Concord, the State capital.
LEGISLATIVE ACTION AND LAWS: The suffrage a.s.sociation has been pet.i.tioning the Legislature since 1870. That year it secured a law allowing women to serve on school boards. In 1878 it obtained School Suffrage for women.
In 1885 it presented a pet.i.tion, signed by several thousand citizens, asking the Full Franchise for women, and was given "leave to withdraw."
In 1887 a bill conferring Munic.i.p.al Suffrage and permitting women to hold all munic.i.p.al offices was presented with a pet.i.tion signed by 2,500 citizens. A hearing was granted by the committee on July 6 and 300 persons were present. On the 13th it was favorably reported in the House, but August 6, it was defeated by 87 ayes, 148 noes. This year the House raised the "age of protection" for girls from 10 to 14 years but the Senate amended to 13 years.
In 1889 the bill for Munic.i.p.al Suffrage was again introduced, sent to the Judiciary Committee and referred to the next session as "unfinished business."
In 1891 the pet.i.tions for this bill contained 3,000 signatures, and Mr. Angell of Derry also introduced a bill for suffrage for tax-paying women, but neither was acted upon. This experience was repeated in 1893.
In 1895, after a hearing had been granted to the women, the bill was reported favorably by the Judiciary Committee and pa.s.sed a second reading in the House, but a third was refused. D. C. Remick and M.
Lyford were earnest in their support of the measure. This year the "age of protection" for girls was raised to 16, but the bill was vetoed by Gov. Busiel who claimed that it was not properly framed.
Dower and curtesy both obtain. The widow is ent.i.tled to a life interest in one-third of the real estate and a homestead right of $500, and if she waive the provisions of the will in her favor she may have, after the payment of debts, one-third of the personal property if issue survive; if not, one-half. If she waive its provisions and release her dower and homestead right, she may have, after all debts and expenses of administration are paid, one-third of the real estate absolutely if issue by her survive, and, if not, one-half, and the same amount of personal property. The widower is ent.i.tled to a life interest in all the wife"s real estate, and a homestead right of $500, and if he waive the provisions of her will in his favor, the same amount of her personal property as she would receive of his. If he release his curtesy and homestead right he is ent.i.tled to the same amount of her real estate as she would have of his.
A married woman retains control of her separate property. She can mortgage or convey it without the husband"s joinder but can not bar his curtesy of life use of the whole or his homestead right; nor can she deprive him of these by will. The husband has the same privileges, subject to her dower.
A married woman may carry on business in her own name. She may sue and be sued and make contracts. Her earnings are her sole and separate property. She can not become surety for her husband.
The father is the legal guardian but if he is insane or has given cause for divorce the court may award the minor children to the mother. The judge of probate may appoint a guardian, when necessary, to have care of the persons and property of minor children, and it may be either the father or mother.
If the husband refuse to provide for his family he may be prosecuted in criminal form. If he is insane or has given cause for divorce the court may award support out of his property.
The common law making 12 years the legal age for a girl to marry has been retained by special statute.
The "age of protection" for girls is 13 years with a penalty of imprisonment not exceeding thirty years, but no minimum punishment named.
SUFFRAGE: Since 1878 women, possessing the same qualifications required of men, that is, residence in the district three months preceding the election, are ent.i.tled to vote for members of the school board and for appropriations of money. There are no county superintendents, and the State Superintendent of Instruction is appointed by the Governor and Council. The city ordinances of Manchester, Franklin and Nashua prohibit women from this suffrage, but they may vote in Concord, the capital.