Both dower and curtesy obtain. If there are neither descendants nor kindred the widow is heir of the entire estate. If there are not more than two children, and the husband die without a will, one-third of the personal property goes to the widow; if there are more than two children, she shares equally with them; if there be no child or legal representative of a deceased child, one-half goes to the widow, the other half to the kindred of the husband. If a wife die without a will, the widower has a life estate in her real property, if there has been issue born alive, and all of her personal property absolutely, subject to her debts.
A homestead to the value of $1,000 is exempt from sale during widowhood unless the widow have one in her own right.
The wife is not bound by contract unless the husband joins in writing.
In actions against her he must be served with the suit.
The wife can not be a sole trader without the husband"s written and recorded consent, unless living apart from him under legal divorce or separation, or unless he is an idiot or a lunatic, or has abandoned her or maliciously turned her out of doors. She controls even her wages only under these circ.u.mstances.
The divorce laws make the discrimination against women that while the husband can secure a divorce for one act of adultery on the part of the wife, she can secure one from him on this ground only if he separates from her and lives openly in adultery.
The father is the legal guardian of the persons and education of the minor children, and may appoint a guardian by will even for one unborn. The court appoints the guardian for the estate.
Wilful neglect by the husband to provide adequate support for the wife and children is a misdemeanor.
The "age of protection" for girls still remains 10 years, with a penalty of death. Over 10 and under 14 the crime is a misdemeanor, punishable with fine or imprisonment in the penitentiary at discretion of the court, if the child has been previously chaste.
SUFFRAGE: Women possess no form of suffrage.
OFFICE HOLDING: By the State const.i.tution only those ent.i.tled to vote are eligible to office. Women are thus barred from every elective and appointive office, even that of notary public.
OCCUPATIONS: No profession or occupation is legally forbidden to women. They are admitted to the State Medical Society and made chairmen of various sections. There has been a revolution of public sentiment during the past twenty years in regard to women in wage-earning occupations. What formerly would have caused ostracism is now regarded as proper and commendable.
EDUCATION: In 1897 the post-graduate work of the State University was opened to women. The undergraduate departments are still closed to them. Other inst.i.tutions are about equally divided among co-educational, for boys only and for girls only. The State Normal and Industrial School for Girls (white) and the Agricultural and Mechanical College for Boys (colored), both at Greensborough, offer excellent opportunities. There are four other universities and colleges for colored students.
In the public schools there are 4,127 men and 4,077 women teachers.
The average monthly salary of the men is $25.07; of the women, $22.24.
FOOTNOTES:
[400] The History is indebted for most of the information in this chapter to Mrs. Sarah A. Russell of Wilmington, the wife of Gov.
Daniel L. Russell.
[401] In 1901 a bill, supported by a pet.i.tion largely signed by women, which provided for a reformatory for youthful criminals where they might be separated from the old and hardened, was introduced in the Legislature but never was brought to a vote.
CHAPTER LVIII.
OHIO.[402]
The second Woman"s Rights Convention ever held took place at Salem, Ohio, in April, 1850, and such meetings were continued at intervals until the beginning of the Civil War. After the war a State a.s.sociation was formed, but the records of its existence are not available. In the early summer of 1884 Mrs. Rachel S. A. Janney, whose husband was president of the State Agricultural College (now the State University), called a convention in Columbus, at which Mrs. Rosa L.
Segur, Mrs. Ellen Sully Fray, Mr. and Mrs. O. G. Peters, Mrs.
Elizabeth Coit and family, Mrs. Ammon of Cleveland, and other well-known advocates were present. So few were in attendance, however, that it was thought best not to organize permanently, but Judge Ezra B. Taylor of Warren was chosen president and Mrs. Frances M. Cas.e.m.e.nt, vice-president. Judge Taylor, in declining because of Congressional duties, expressed sympathy and interest in the movement. He was a member of the Judiciary Committee of the U. S. House of Representatives for thirteen years, and through his influence when chairman, in 1890, a majority report in favor of a Sixteenth Amendment to the Const.i.tution to enfranchise women was submitted to the House for the first and last time.
Mrs. Cas.e.m.e.nt did very efficient work, especially in the northern part of the State, and as a result a large and enthusiastic meeting was held at Painesville, her home, in May, 1885, and a State a.s.sociation regularly organized. On the list of officers were placed three persons who through all these years have made the enfranchis.e.m.e.nt of women their paramount work--Mrs. Cas.e.m.e.nt, Mrs. Segur of Toledo and Mrs.
Coit of Columbus. Mrs. Cas.e.m.e.nt, who was made president, always has given generously of time and money and is still a member of the executive committee. Mrs. Segur, who was elected corresponding secretary, also continues her activity. She does much press work and is one of the main supports of the Toledo W. S. A., which has held regular monthly meetings since its organization in 1869. Mrs. Coit was chosen treasurer and held the office fourteen years, during which she seldom missed a convention or an executive meeting. In 1900 she was made honorary president without one dissenting vote.[403]
In addition to the State conventions from two to five executive committee meetings have been held yearly since 1885. Before the adoption of the biennial sessions of the Legislature, there were usually conferences at Columbus in midwinter to influence legislation, and different members remained there for weeks. Mrs. Sarah C.
Schrader, Mrs. Martha H. Elwell and Mrs. Louisa Southworth rendered especially valuable service in such matters.
Mrs. Southworth, in her home at Cleveland, also had charge of the systematic enrollment of persons indorsing woman suffrage, which has been very effective in answering the objection that women do not want to vote. This was begun in 1888, when she was made national superintendent of enrollment, as she was a thorough advocate of this method of pet.i.tion. Bills for woman suffrage introduced into the Legislature need the backing of many names, and in this way more can be added each year. The blanks are headed: "We believe that women should vote on equal terms with men;" and an effort is made to keep the names of men and women separate. The original lists are carefully preserved, but typewritten copies for reference are made and cla.s.sified according to towns, counties and Congressional districts, pains being taken each year not to register duplicates. The entire expenses, amounting to several thousand dollars, have been borne by Mrs. Southworth. All of the canva.s.sers have contributed their services.[404]
Good educational work has been done through Woman"s Day at colleges, camp meetings and county fairs. A memorable occasion was that of the Centennial Celebration of the city of Cleveland in 1896. One day was devoted to the consideration of the advancement of woman in philanthropy, education, domestic science, etc. Although the speakers had been requested not to touch upon the question of her political enfranchis.e.m.e.nt, three women indirectly mentioned it and these received the heartiest applause of any brought out in the course of a whole day of able speechmaking. One of them was not permitted to retire until she acknowledged in a graceful word or two the enthusiasm of the audience. The committee having charge of this celebration asked a woman in each township on the Western Reserve to gather facts in regard to its early women, and over 200 granted the request. These papers when published made four volumes of valuable information respecting the pioneer women of this famous section of Ohio.
In 1896 the Rev. Henrietta G. Moore, a Universalist minister of Springfield, and Miss Laura A. Gregg of Kansas, visited seventeen towns and cities in the interest of the State W. S. A. and formed numerous organizations.
A conference of national and State officers, with several public meetings, was held at Toledo in the autumn of 1897, Mrs. Fray, president of Lucas County, making the arrangements. The following spring Mrs. Harriet Brown Stanton of Cincinnati did the preparatory work for a two days" meeting in that city, the Rev. Anna Howard Shaw, vice-president-at-large, and Mrs. Carrie Chapman Catt, chairman of the organization committee of the National a.s.sociation, being the speakers.
In the spring of 1900 Mrs. Harriet Taylor Upton, president of the State a.s.sociation, visited fifteen princ.i.p.al towns preparing the way for organization, while in others plans were made by correspondence.
Five persons partic.i.p.ated in the campaign made later: Miss Shaw and Mrs. Chapman Catt as speakers, each contributing two weeks of time; Miss Harriet May Mills and Miss Mary G. Hay, of New York, national organizers; Mrs. Upton accompanying the party. The object was to ascertain suffrage sentiment and to organize the northwestern part of the State. The next work was done in the southern part, Ohio women making the arrangements and Dr. Frances Woods of Iowa acting as speaker and organizer. At the close of 1900 the State had twice as many members as the year before, with vastly increased interest and activity. This growth was due to many causes, not least among them being the work and inspiration of Miss Elizabeth J. Hauser, who was corresponding secretary for five years, and for ten has scarcely missed a convention.
LEGISLATIVE ACTION: In 1888 the Legislature was asked to submit to the voters an amendment giving Full Suffrage to women. This measure was lost, and a Munic.i.p.al Suffrage Bill met a like fate.
In 1889 a bill for Full Suffrage was defeated in the Senate by 19 ayes, 9 noes, a three-fifths majority being required.
In 1890 a similar bill was introduced in the House and discussed at length. It received 54 ayes, 47 noes, but not a const.i.tutional majority.
In 1891 the Legislature was pet.i.tioned without result, and in 1892 and 1893 School Suffrage Bills were defeated by small majorities.
It was enacted in 1893 that mayors in cities of 10,000 inhabitants and upward shall furnish proper quarters for women and female children under arrest, and that these shall be out of sight of the rooms and cells where male prisoners are confined. The law further provides for the appointment of police matrons.
In 1894 a Munic.i.p.al Suffrage Bill was introduced but was not reported from committee. This year, however, School Suffrage was granted to women.
To Mrs. Caroline McCullough Everhard and Mrs. Katherine B. Claypole, president and recording secretary of the State W. S. A., women are largely indebted for this law. Like all reform measures, it was preceded by many discouraging defeats. In 1892 a bill was introduced into the House by E. W. Doty, providing that women should vote for and serve as members of school boards. It was lost by seven votes, reconsidered in the adjourned session of 1893 and lost again by six votes. Another bill was introduced into the House in January, 1894, by Gustavus A. Wood, but was defeated by 47 ayes, 43 noes. Mrs. Everhard then made an earnest appeal to Senator William T. Clark to introduce the same bill. He promptly acceded and it pa.s.sed the Senate on April 10 by 20 ayes, 6 noes. It was returned to the House and pa.s.sed April 24 by 55 ayes, 26 noes, 11 not voting. Mr. Clark at once sent a telegram to the president of the a.s.sociation: "Woman suffrage bill a law; truth is mighty yet."
In 1894 the Legislature was asked to enact a law making women eligible as trustees of homes and asylums for women and children. The request was refused on the ground that the law would be declared unconst.i.tutional because such trustees must be electors.
In 1896 Free Traveling Libraries were established.
In 1898 the Legislature provided that a woman could be a notary public. Two months later the law was declared unconst.i.tutional, as notaries must be electors.
LAWS: In 1884 a law was enacted giving a married woman the right to sue and be sued and to proceed in various other matters as if unmarried. Her personal property and real estate were liable to judgment, but she was ent.i.tled to the benefits of all exemptions to heads of families.
In 1887 married women obtained absolute control of their own property.
This act gave a wife the right to enter into any engagements or transactions with her husband, or any other person, to hold and dispose of real and personal property and to make contracts.
Dower was retained but curtesy abolished, except for a man married before 1887 and regarding property owned by his wife before that date.
Either husband or wife on the death of the other is now ent.i.tled to one-third of the real estate for life. If either die without a will, and there are no children or their legal representatives living, all the real estate pa.s.ses to the survivor, and the personal property subject to the debts. If there are children, or their legal representatives, the widow or widower is ent.i.tled to one-half of the first $400, and to one-third of the remainder subject to distribution.
A homestead not exceeding $1,000 in value may be reserved for the widow.
In 1893 it was made legal for a married woman to act as guardian; and in 1894 as executor or administrator.
By the code of 1892 the father is legal guardian of the children and may appoint a guardian by will, even of one unborn. If he has abandoned the mother, she has custody.
The husband must support his wife and minor children by his property or labor, but if he is unable to do so, the wife must a.s.sist as far as she is able. The father or, when charged with maintenance thereof, the mother of a legitimate or illegitimate child under sixteen, who being able, either by reason of having means or by labor or earnings, shall neglect or refuse to provide such child with proper home, care, food and clothing; or, if said child is a legal inmate of the county or district children"s home, shall refuse to pay the reasonable cost of its keeping, shall upon conviction be guilty of felony and punished by imprisonment in the penitentiary for not more than three years nor less than one, or in a county jail or workhouse at hard labor for not more than one year nor less than three months.