History of Woman Suffrage/Volume 4/Chapter 34
CHAPTER XXXIV.
FLORIDA.[1]
The brief history of work in Florida for the enfranchisement of women gathers about the name of Mrs. Ella C. Chamberlain. She returned to her home in Tampa from attendance on the Woman's Inter-State Conference at Des Moines in the autumn of 1892, and secured space for a suffrage department in the principal paper of that city. In January, 1893, she presented the question so forcibly at a social gathering, as a woman taxpayer, that a gentleman suggested forming a society and twenty members were secured, eight of them men. Mrs. Chamberlain was made president; O. G. Sexton, secretary; Miss Stowell, treasurer.
In 1894 the president addressed the Carpenters' Union twice, and considerable literature was distributed. In December the suffragists of Tampa, aided by those of Melrose, held a bazar which netted $125.
In January, 1895, a State convention was held in Tampa and the following officers were elected: President, Mrs. Chamberlain; vice-presidents, Mesdames E. W. King, Emma Tebbitts, Jessie M. Bartlett; secretary, Miss Nellie Glenn; treasurer, J. L. Cae. During the year Mrs. Chamberlain gave addresses at the De Funiak Springs Assembly, the Adventists' Campmeeting and in various towns. The society paid dues to the National Association until 1897, when the president removed from the State, no one came forward to take the leadership and the movement has since languished.
Legislative Action And Laws: Until 1901 the women never had a bill before the Legislature, although the W. C. T. U. aided greatly in securing the State Reform School. Its influence also was strongly used against a Dispensary Bill.
Some men and many women had long felt that the law placing the "age of consent" for girls at 10 years was a disgrace to the State. In 1887 W. B. Lamar (now Attorney-General) presented a bill raising it to 17 years, but this was defeated.
Florida makes a distinction between "age of consent" and "age of protection." Up to 10 years the crime is rape and the penalty is death or imprisonment for life. The law "protects" girls until 16 to the extent of a penalty of imprisonment not more than one year or a fine not exceeding $500, with no minimum fixed. Several attempts were made by the W. C. T. U. to have both ages changed to 18 years, but bills for this purpose always were laid on the table.
In 1901 this organization, under the leadership of Mrs. C. S. Burnett-Haney, its superintendent of purity, began a thorough and systematic canvass of the State to secure such a petition for raising the age as it would be impossible for the Legislature to ignore. For this 15,000 signatures of representative men and women were obtained, besides the official indorsement of U. S. Senators Stephen R. Mallory and James P. Taliaferro, Congressmen S. M. Sparkman and Robert W. Davis, four Judges of the Circuit Court, with many other Judges, attorneys and city officers; also those of Presidents W. F. Yocum of the State Agricultural College, G. M. Ward of Rollins College, John F. Forbes of Stetson University, the State Superintendent of Public Instruction and over 100 other leading educators. The petition received also the unanimous indorsement of the State Press Association and the State Medical Association, and the signatures of 100 physicians, including every member of the State Medical Board.
In the hope of at least a measure of success two bills were introduced, one raising the "age of consent" from 10 to 14 years, and, as it had been found practically impossible to secure a conviction under the existing penalty, to reduce this to a term of imprisonment. This bill was presented and championed in the House by R. H. Burr, the age was raised to 16 years and the bill passed unanimously, May 17. In the Senate it was indefinitely postponed.
The second bill asked that the "age of protection" be raised from 16 to 18 years, and that the penalty be increased to imprisonment from one to twenty years or a fine of from $500 to $2,000. This bill also was advocated by Mr. Burr and passed the House May 17, but with no minimum penalty. The vote stood 26 ayes, 20 noes.
In the Senate every possible means was adopted to prevent this bill from reaching a vote, and it was only by the determined efforts of E. N. Dimick, and all the influence which the W. C. T. U. could bring to bear, that it finally was passed the last day of the session, May 31, with but two dissenting votes, although a number of senators absented themselves. It was signed the same day by Gov. William S. Jennings.
Thus as the result of all this great canvass, the expenditure of much time and money and the assistance of the best elements in the community, a child of 10 years may still consent to her own ruin in Florida, and the age at which the law will give any protection whatever was raised only two years. The penalty which, may be inflicted was increased, but by the refusal to fix a minimum of fine or imprisonment there is but a slight improvement over the original status.
If over 1 6 each of the parties may be punished by imprisonment not exceeding three months or a fine not exceeding $30.
All property of the wife, real or personal, owned by her before marriage or lawfully acquired afterward, by gift, bequest or purchase, is her separate estate and is not liable for the debts of the husband without her written consent in legal form. It remains, however, under his care and management, but he can not charge for these, nor can she compel him to account for its rents, proceeds or profits.
The wife can not transfer her real or personal property without the husband's joinder. If he has been insane one year she can convey or transfer without his signature. Any married woman who may wish to take charge of her estate, and become a free dealer in every respect, must apply to the court for a license. Since 1891 a married woman's earnings acquired by any employment aside from the household are her separate property.
Dower but not curtesy prevails. The widow has the life use of one-third of the real estate and, if there are no children or but one child, she has one-half the personal estate absolutely; if more than one, she has one-third. If there are no children and no will she takes the whole estate, real and personal. If the wife die without a will, and the husband but no descendants survive her, the whole of her estate goes to him; but if there are children or their descendants, the estate, both real and personal, descends in distribution to them. The homestead, to the extent of 160 acres of land in the country or a half-acre in town, is exempt from seizure for debt.
A married woman may dispose of her property, both real and personal, by last will and testament in the same manner as if she were unmarried.
The father has legal control of the persons, education and property of the children, and he alone may appoint a guardian by will, during any part of infancy.
The husband is required by law to support his family and, on his failure to do so, the court may make such orders as are necessary. If living separate from him, the wife may sue for alimony without divorce if legal cause exist.
Suffrage: Women possess no form of suffrage.
Office Holding: Women are not eligible to any office, elective or appointive, except that they may serve as notaries public.
Occupations: Women have been admitted to the practice of law in a few judicial circuits, but none have been admitted into the medical profession. No other occupation is legally forbidden.
Education: All of the institutions of learning are open alike to both sexes.
In the public schools there are 1,121 men and 1,671 women teachers. The average monthly salary of the men is $35; of the women, $32.40.
- ↑ The History is indebted to Mrs. C. S. Burnett-Haney of Stuart, superintendent of purity for the State Woman's Christian Temperance Union, for much of the information in this chapter.