She may sue in her own name for injury to her person, property or character. The husband may maintain action for the loss of her society and services.
A wife can not convey or enc.u.mber her separate real estate without the joinder of her husband, nor can he do this with his separate real estate unless she joins. Husband and wife each may dispose of two-thirds of their real and personal estate by will without the consent of the other.
A married woman may without any legal formalities carry on business or trade or perform any labor or services on her sole and separate account and her earnings shall be her sole and separate property, provided she keeps her business distinct from her husband"s, as all their joint earnings are his property.
A wife can act as executor or administrator of an estate only with her husband"s consent.
No married woman can become surety for any person.
The father has the custody of the persons and the control of the education of the minor children, even though there may be a guardian appointed for their property. (1896.)
A wife may sue for support: (1) If deserted by her husband and left without means of support; (2) if he has been convicted of a felony and put in State prison; (3) if he is a habitual drunkard; (4) if he join a religious society prohibiting marriage. The court may award necessary support according to circ.u.mstances, may sell lands of the husband, or allow the wife to sell her lands without his joining.
(1896.)
The "age of protection" for girls is 14 years. No bills presented by women to have it raised ever have been allowed to get beyond a legislative committee. The penalty is imprisonment in the penitentiary from one to twenty-one years.
SUFFRAGE: Women possess no form of suffrage. A decision of the Supreme Court, Feb. 1, 1901, that an amendment to be adopted must receive a majority of the highest number of votes cast at the election, has made it practically impossible to secure the franchise for women by changing the State const.i.tution. It is held, however, by lawyers whose opinion is of value, that this even now may be legally construed so as to permit them to vote.
Sustained in her own belief by these views and by a Supreme Court decision of 1893, which interpreted this const.i.tution to permit women to practice law (see Occupations), Mrs. Helen M. Gougar decided to make a test case, and offered her vote in the State election, Nov. 6, 1894, at her home in Lafayette. It was refused and she brought suit against the election board in the Superior Court of Tippecanoe County.
Sayler & Sayler and John D. Gougar, husband of the plaintiff, were her attorneys, but she was herself admitted to the bar and argued her own case before Judge F. B. Everett, Jan. 10, 1895. She based her masterly argument on the rights guaranteed to all citizens by the Federal Const.i.tution, and on the first article of the const.i.tution of Indiana, which declares that "the General a.s.sembly shall not grant to any citizen, or cla.s.s of citizens, privileges or immunities which, upon the same terms, shall not equally belong to all citizens;" and she used with deadly effect the parallel between the decision of the Supreme Court in the case of Antoinette D. Leach, by which she was enabled to practice law, and the claims which were now being made as to the right of women to vote.[252]
The long, adverse decision of Judge Everett was based upon his declaration that "suffrage is not a natural right or one necessarily incident to such freedom and preservation of rights as are upheld by the National and State const.i.tutions;" that "the intention of their framers to limit the suffrage to males is so strong that it can not be disregarded;" and that "the legal and well understood rule of construction is that the express mention of certain things excludes all others."
Mrs. Gougar then carried her case to the Supreme Court of Indiana, and was herself the first woman admitted to practice before that body. Her brief was filed by her attorneys and she made her own argument before the full bench, the court-room being crowded with lawyers and members of the Legislature. It was said by one of the judges to be the clearest and ablest oral argument presented since he had been a member.
Nevertheless the judgment of the lower court was affirmed. The decision, in which the five judges concurred, was founded almost exclusively upon the affirmation that "that which is expressed makes that which is silent cease." This decision reversed absolutely the one rendered in the case of Leach for the right to practice law, which had declared that "although the statute says voters may practice, it says nothing about women, and therefore there is no denial of this right to them;" or in other words "that which is expressed does _not_ make that which is silent cease." Yet both of these opinions were written by the same Chief Justice--Leonard J. Hackney!
The decision closed by saying: "Whatever the personal views of the Justices upon the advisability of extending the franchise to women, all are agreed that under the present const.i.tution it can not be extended to them."
As it is practically impossible to amend the State const.i.tution, the outlook for woman suffrage in Indiana appears hopeless except through an amendment to the National Const.i.tution.
OFFICE HOLDING: Women are not eligible for election to any offices within the gift of the voters, except those pertaining to the public schools.
In 1873 the Legislature enacted that women should be eligible to any office the appointment or election to which is or shall be vested in the Governor or General a.s.sembly.
In 1881 it was enacted that women should be eligible to any office under the general or special school laws of the State.
Notwithstanding these liberal provisions there is scarcely one of the Northern States where so few women have served in office. There never has been even a woman candidate for that of State Superintendent. Many years ago there were a few county superintendents but none now fill that office and not half a dozen women ever have sat on local school boards. These are appointed by the Common Council in all the towns and cities except Indianapolis. On one occasion its Local Council of Women nominated two of its members for school trustees, but both were defeated. Women themselves were not allowed to vote, but their interest brought out an unusually large number of men.[253] At present not one woman is known to be filling any school office.
The law of 1873 includes the boards of all penal and benevolent inst.i.tutions, State Librarian, custodians of public buildings, and many minor offices, but women have found it practically impossible to secure any of these. The explanation for this probably lies in the fact that Indiana is a pivotal State in politics and the parties are so evenly divided that the elections are equally apt to be carried by either party. It thus becomes vitally necessary to utilize every office for political purposes and none can be spared to persons without votes. For a number of years the two parties elected women as State Librarian, and they gave much satisfaction, although several times the political pressure has been so great that the office has had to be given to men.[254]
A number of times bills have been presented to require the Governor to put a representation of women on the boards of all State inst.i.tutions where women and children are confined, but they never have been carried.
In 1873 the first State prison in the United States exclusively for women was opened in Indianapolis, but the management was vested in a board of men with a visiting board of women and a woman superintendent. In 1877 a bill was pa.s.sed placing the entire management of this Woman"s Reformatory in the hands of women. An Industrial School for Girls is now under the same supervision.[255]
In 1889 an act of the Legislature established the State Board of Charities and Corrections and provided that two of its six trustees should be women. It exercises supervision over the State penal and benevolent inst.i.tutions. In 1899 a legislative act required that on pet.i.tion of fifteen citizens of any county the Circuit Judge must appoint a board to exercise the same supervision over its inst.i.tutions, to consist of four men and two women.
The only other women serving on State boards are one for the Soldiers"
and Sailors" Orphans" Home at Knightstown and one for the Home for Feeble-minded Youth at Ft. Wayne.[256]
The State Board of Charities and Corrections has made great effort to secure women physicians at all State Inst.i.tutions and, though there is no law authorizing it, there is now one at each of the four Hospitals for the Insane, and at the Woman"s Prison and Girls" Industrial School. One was appointed for the Home for Feeble-minded but a man now holds the position.
Almost every State, county and city office has women deputies, a.s.sistants or stenographers. It is said that one-third of the employes in the State House are women. Many serve as notaries public, and a number as court stenographers.
The need of a Police Matron in Indianapolis was so obvious and it had been so impossible to persuade the authorities of this fact, that in November, 1890, the Meridian W. C. T. U. obtained permission from the Mayor and Commissioners to place one on duty at the central station house at their own expense. This was continued until March, 1891, when a change in the city charter vested the authority in a Board of Safety. The matron, Mrs. Annie M. Buchanan, had given such satisfaction that on pet.i.tion of the Woman"s Local Council she was regularly employed by the city, with full police powers, at a salary of $60 per month and two furnished rooms for her occupancy. The first year 852 women and children came into her charge, 24 of the latter being under five years of age.
The State W. C. T. U. appointed Mrs. Buchanan as the head of a movement to secure Police Matrons in all cities of 7,000 inhabitants.
A bill for this purpose was presented in 1893 but failed to pa.s.s. In 1895 the Local Council of Women also made this a special line of work, and to Mrs. Buchanan"s pet.i.tion, signed by one hundred of the leading men and women of the State and the entire Common Council, were added the names of the presidents of the forty-nine societies composing the Council of Women, representing 8,000 members. It asked for a law compelling the appointment of Police Matrons in all cities of 10,000 inhabitants. This time the bill pa.s.sed both Houses but so altered as to merely permit the Mayor and Commissioners to appoint such Matrons, a power they already possessed.
Mrs. Buchanan remained in office seven years, until her marriage. The experiment in Indianapolis has been so successful that matrons are now employed in Evansville, Terre Haute, Richmond and Lafayette, but these by no means include all of the cities of over 10,000 inhabitants.
OCCUPATIONS: The only occupations forbidden to women are those of working in mines and selling liquor. Women have served as bank cashiers and directors for twenty years.
In 1875 Miss Elizabeth Eaglesfield was admitted to practice law at the Vigo County bar, through the efforts of Judge William Mack, and had a number of cases in the courts of Indianapolis. Eighteen years later Mrs. Antoinette D. Leach, although properly qualified, was refused a license to practice in Greene County. The lower court based its refusal on a clause in the State Const.i.tution which says: "Every person of good moral character, _being a voter_, shall be ent.i.tled to practice law in all the courts of the State." She carried the case to the Supreme Court which reversed this judgment. Its decision, June 14, 1893, says that "while voters are granted admission to practice there is no _denial_ of such right to women, and it must be held to exist as long as not forbidden by law. That which is expressed does not make that which is silent cease." (See Suffrage on previous page.) The decision continued:
The right to practice law is not a political question, but belongs to that cla.s.s of rights inherent in every citizen, and pertains to the fundamental duty of every inhabitant to gain a livelihood. Judge Cooley says: "To forbid to an individual or a cla.s.s the right to the acquisition or enjoyment of property in such manner as should be permitted to the community at large, would be to deprive them of liberty in particulars of primary importance." In Story on the Const.i.tution it is said that the right to acquire, possess and enjoy property and to choose from those which are lawful the profession or occupation of life, are among the privileges which the States are forbidden by the Const.i.tution to abridge.[257]
Basing her claims on this decision, a woman the next year, 1894, applied for license to sell liquor. This was refused on the ground that the statute reads: "Any _male_ inhabitant having certain other specified qualifications may obtain a license." The Supreme Court decided that "by the use of the word "male" women are inhibited from obtaining license to vend intoxicating liquor at retail."
Thus within three years--1893, "94, "95--the same Supreme Court rendered three decisions each absolutely reversing the others.
EDUCATION: The State University was opened to women in 1867. They are admitted on equal terms with men to all State inst.i.tutions of learning, including Purdue University (agricultural). The only colleges closed to them are Wabash at Crawfordsville, and the Rose Polytechnic at Terre Haute. There are women on the faculties of most of the co-educational universities. A number of women have been graduated from the various Law and Medical Schools.
In the public schools there are 7,252 men and 8,236 women teachers.
The average monthly salary of the men is $48.80; of the women $43.55.
The Women"s Clubs number considerably over one hundred, and there are also many which are composed of both men and women. The State Press a.s.sociation had both as charter members. The Union of Literary Clubs, a strong organization of 104 branches, includes many of these and also those composed of women alone and of men alone.
The Woman"s Club of Indianapolis, founded in 1875, is the oldest in the city. Under its auspices and through the inspiration of Mrs. May Wright Sewall, the Propylaeum, a handsome club house, was built at a cost of over $30,000. It was dedicated in 1891 with imposing ceremonies, in which the Governor, the Mayor and many distinguished guests a.s.sisted the board of directors. All of the stock is held by women and the construction was entirely superintended by women. It is one of the important inst.i.tutions of the city, and is used by a number of men"s and of women"s clubs and for many public and private functions.
In numerous forms of organized work, sanitary inspection, free kindergartens, flower missions, training schools for nurses, collegiate alumnae, art a.s.sociations, musical clubs, industrial unions, patriotic societies, church missionary boards, lodge auxiliaries and countless others--women render conspicuous and inestimable service.
The State Monograph for the World"s Fair, previously referred to, gives detailed information of the a.s.sociated work of Indiana women in nearly fifty distinct departments.
FOOTNOTES:
[248] The History is indebted to Mrs. Alice Judah Clarke of Vincennes for much of the information contained in this chapter.
[249] The other names which appear most frequently during these years as officers and workers are the Rev. A. Marine, Doctors Isabel Stafford and Anna B. Campbell, Miss Mary D. Naylor and Mesdames Laura C. Schofield, Georgia Wright, Sarah E. Franklin, Laura Sandefur, Laura C. Arnold, C. A. P. Smith, S. S. McCain, H. R. Ridpath, Mary B.
Williams, Laura Kregelo, H. R. Vickery, Emma E. Dixon, Pauline T.
Merritt, Eliza J. Hamilton, L. May Wheeler and Florence M. Adkinson.
[250] State officers: President, Mrs. Bertha G. Wade; vice-president, Mrs. Mary S. Armstrong; corresponding secretary, Mrs. Alice Wheeler Peirce; recording secretary, Mrs. Hester Moore Hart; treasurer, Mrs.
Alice E. Waugh; auditors, Mrs. Grace Julian Clarke and Mrs. Albertina A. Forrest.
Among the strong members of the Tipton club are Judge and Mrs. Dan Waugh, State Senator and Mrs. G. W. Gifford, Representative and Mrs.
W. R. Ogleboy, Postmaster and Mrs. M. W. Pershing, Dr. and Mrs. M. V.