History of Woman Suffrage/Volume 4/Chapter 66

 

CHAPTER LXVI.

UTAH.^[1]

To write the history of woman suffrage in Utah one mus turn backward to 1870, when the Legislature of the Territory passed a bill conferring the franchise upon women, to which acting-Governor S. A. Mann affixed his signature February 12. From that time women voted at all elections, while some of them took a practical interest in public matters and acted as delegates to political conventions and members of Territorial and county committees.

The first attempt to elect a woman to any important office was made in Salt Lake City at the county convention of 1878, when Mrs. Emmeline B. Wells was nominated for treasurer. She received the vote of the entire delegation, but the statute including the word "male" was held to debar women from holding political offices. A bill was presented to the next Legislature with petitions numerously signed asking that this word be erased from the statutes, which was passed. Gov. George W. Emory, however, refused to sign it, and though other Legislatures passed similar bills by unanimous vote, none ever received his signature or that of any succeeding governor.

In June, 1871, Mrs. Elizabeth Cady Stanton and Miss Susan B. Anthony, the president and vice-president-at-large of the National Woman Suffrage Association, stopped at Salt Lake City on their way to the Pacific Coast and met many of the prominent men and women.

In 1872 the Woman's Exponent was established, and it is impossible to estimate the advantage this little paper gave to the women of this far western Territory. From its first issue it was the champion of the suffrage cause, and by exchanging with women’s papers of the United States and England it brought news of women in all parts of the world to those of Utah. They also were thoroughly organized in the National Woman’s Relief Society, a charitable and philanthropic body which stood for reform and progress in all directions. Through such an organization it was always comparatively easy to promote any specific object or work. The Hon. George Q. Cannon, Utah’s delegate in the ’70’s, coming from a Territory where women had the ballot, interested himself in the suffrage question before Congress. He thus became acquainted with the prominent leaders of the movement, who went to Washington every winter and who manifested much interest in the women afar off in possession of the rights which they themselves had been so long and zealously advocating without apparent results. Among these were Mrs. Stanton, Miss Anthony, Mrs. Isabella Beecher Hook er and others of national reputation.

Women were appointed as representatives from Utah by the National Suffrage Association, and the correspondence between its officers and Mrs. Wells, who had been made a member of their Advisory Committee and vice-president for the Territory, as well as the fact that the women of Utah were so progressive on the suffrage question and had sent large petitions asking for the passage of a Sixteenth Amendment to the Federal Constitution to enfranchise all women, resulted in an invitation for her to attend its annual convention at Washington, in January, 1879. Mrs. Wells was accompanied by Mrs. Zina Young Williams »and they were cordially welcomed by Mrs. Stanton and Miss Anthony. This was a valuable experience for these women, as, even though they had the right of suffrage, there was much to learn from the great leaders who had been laboring in the cause of woman’s enfranchisement for more than thirty years. They were invited to address the convention, and selected with others to go before Congressional committees and the President of the United States, as well as to present important matters to the Lady of the White House. The kindness which they received from Mrs. Hayes and other noted women always will remain a pleasant memory of that first visit to the national capitol. On their return home they took up the subject of the ballot more energetically in its general sense than ever before through public speaking and writing.

During the seventeen years, from 1870 to 1887, that the women of Utah enjoyed the privilege of the ballot several attempts were made to deprive them of it. In 1880 a case came before the Supreme Court of the Territory on a mandamus requiring the assessor and registrar to erase the names of Emmeline B. Wells, Maria M. Blythe and Cornelia Paddock from the registration list, also the names of all other women before a certain specified date, but the court decided in favor of the defendants.

In the spring of 1882 a convention was held to prepare a constitution and urge Congress to admit Utah as a State. Three women were elected—Mrs. Sarah M. Kimball, Mrs. Elizabeth Howard and Mrs. Wells—and took part in framing this constitution, and their work was as satisfactory as that of the male members. Although this was a new departure, it caused no friction whatever and was good political discipline for the women, especially in parliamentary law and usage.

This year another case was brought, before the Third District Court, to test the validity of the statute conferring the elective franchise upon the women of the Territory. A registrar of Salt Lake City refused to place the names of women upon the list of voters, and Mrs. Florence L. Westcott asked for a writ compelling him to administer the oath, enter her name, etc. The case was called for argument Sept. 14, 1882, Chief Justice James A. Hunter on the bench, and able lawyers were employed on both sides of the question. The decision sustained the Legislative Act of 1870 under which women voted. Associate Justice Emerson agreed with Judge Hunter, and Associate Justice Twiss acknowledged the validity of the law, but insisted that women should be taxpayers to entitle them to the right. This test case decided all others and women continued to vote until the passage of the Edmunds-Tucker Law, in March, 1887. During this period women gained much political experience in practical matters, and their association with men acquainted with affairs of State, in council and on committees gave them a still wider knowledge of the manipulation of public affairs.

In September, 1882, the National W. S. A. held a conference in Omaha, Neb., and Mrs. Wells and Mrs. Zina D. H. Young attended. Miss Anthony, Mrs. May Wright Sewall, chairman of the Executive Committee, and many other distinguished women were in attendance. Mrs. Wells, as vice-president for Utah, presented an exhaustive report of the suffrage work in the Territory, which was received with a great deal of enthusiasm.

At the national convention in Washington the previous January the proposed disfranchisement of Utah women by the Edmunds Bill had been very fully discussed and a resolution adopted, that “the proposition to disfranchise the women of Utah for no cause whatever is a cruel display of the power which lies in might alone, and that this Congress has no more right to disfranchise the women of Utah than the men of Wyoming.”^[2] This sympathy was gratefully acknowledged by the women of the Territory.

The suffrage women throughout the various States made vigorous protests against the injustice of this pending measure. A committee appointed at the convention in Washington, in the winter of 1887, presented a memorial to the President of the United States requesting him not to sign the bills, but to veto any measure for the disfranchisement of the women of Utah.^[3] Mrs. Belva A. Lockwood made an able speech before the convention on this question. There were at that time several bills before Congress to deprive Utah women of the elective franchise.

During the subsequent years of this agitation every issue of the Woman's Exponent contained burning articles, letters and editorials upon this uncalled-for and unwarranted interference with the affairs of the women of this Territory. The advocates of the rights of all women stood up boldly for those of Utah, notwithstanding the scoffs and obloquy cast upon them. It was a fierce battle of opinions and the weaker had to succumb. The Strong power of Congress conquered at last, and the Edmunds-Tucker Act of 1887 wrested from all the women, Gentile and Mormon alike, the suffrage which they had exercised for seventeen years. Naturally they were very indignant at being arbitrarily deprived of a vested right, but were obliged to submit. They were determined, however, not to do so tamely but to teach their sons, brothers and all others the value of equal suffrage, and to use every effort in their power toward securing it whenever Statehood should be conferred.

Mrs. Arthur Brown and Mrs. Emily S. Richards were appointed to represent the Territory at the National Suffrage Convention in Washington in 1888, and were there authorized to form an association uniform with those in various States and Territories. Heretofore it had not been considered necessary to organize, as women were already in possession of the ballot.

Mrs. Elizabeth Lyle Saxon and Mrs. Clara Bewick Colby who had been lecturing on suffrage in Oregon and Washington visited Salt Lake in September, 1888. They spoke in the theater, and on the following day a reception was tendered them if the Gardo House, where they had the opportunity of meeting socially between five and six hundred people, both Gentiles an Mormons, men and women. The same evening another large audience in the theater greeted them, and on the day succeeding at 10 A. M. there was a meeting for women only in the Assembly Hall. These meetings were held under the auspices of the Woman’s Relief Society, Mrs. Zina D. H. Young, president. Though they occurred at a time when the people were suffering from indignities heaped upon them because of unjust legislation, yet a strong impression was made on those (mostly Gentiles) who never previously had been converted to suffrage.

After careful deliberation and several preliminary meetings in the office of the Woman’s Exponent, a public call was made through the daily papers, signed by the most influential women of Salt Lake City, for a meeting in the Assembly Hall, Jan. 10, 1889, to organize a Territorial Suffrage Association. Mrs. Richards occupied the chair and Mrs. Lydia D. Alder was elected secretary pro tem. Prayer was offered and the old-fashioned hymn, “Know this that every soul is free,” was sung by the congregation.^[4] One hundred names were enrolled and Mrs. Caine and Mrs. Richards were elected delegates to the National Convention. Mrs. Caine was already at the Capital with her husband, the Hon. John T. Caine, Utah's delegate in the House of Representatives. Mrs. Richards arrived in time to give a report of the new society, which was heard with much interest.

Within a few months fourteen counties had auxiliary societies. Possibly because of the former experience of the women there was very little necessity of urging these to keep up their enthusiasm. Towns and villages were soon organized auxiliary to the counties, and much good work was done in an educational way to arouse the new members to an appreciation of the ballot, and also to convince men of the benefits to be derived by all the people when women stood side by side with them and made common cause.

On April 11, three months after the Territorial Association Was organized, a rousing meeting was held in the Assembly Hall, in Salt Lake City, Mrs. Alder, vice-president, in the chair. Eloquent addresses were made by Bishop O. F. Whitney, the Hon. C. W. Penrose, the Hon. George Q. Cannon, Dr. Martha P. Hughes (Cannon), Mrs. Zina D. H. Young, Mrs. Richards, Ida Snow Gibbs and Nellie R. Webber.

A largely attended meeting took place in the County Court House, Ogden City, in June, the local president, Elizabeth Stanford, in the chair. Besides brief addresses from members eloquent speeches were made by C. W. Penrose and the Hon. Lorin Farr, a veteran legislator. The women speakers of Salt Lake who had been thoroughly identified with the suffrage cause traveled through the Territory in 1889, making speeches and promoting local interests, and strong addresses were given also by distinguished men — the Hons. John T. Caine, John E. Booth, William H. King (delegate to Congress), bishops and legislators. The fact can not be controverted that the sentiment of the

Majority of the people of Utah always has been in favor of equal suffrage.

At the annual meeting, held in the Social Hall, Salt Lake City, in 1890, Mrs. Sarah M. Kimball, a woman of great executive ability, was elected president.^[5]

In 1890 Mrs. Kimball and Maria Y. Dougall went as delegates to the National Convention and reached Washington in time to be present at the banquet given in honor of Miss Anthony's seventieth birthday. In Mrs. Kimball's report she stated that there were 300 paid-up members of the Territorial Association exclusive of the sixteen county organizations.

During 1890 the women worked unceasingly, obtaining new members and keeping up a vigorous campaign all the year round. Meetings were held in the most remote towns, and even the farmer's wife far away in some mountain nook did her part toward securing the suffrage.

On July 23, 1890, the day Wyoming celebrated her Statehood, the Suffrage Association of Utah assembled in Liberty Park, Salt Lake City, to rejoice in the good fortune of Wyoming women. The fine old trees were decorated with flags and bunting and martial music resounded through the park; speeches rich with independent thought were made by the foremost ladies, and a telegram of greeting was sent to Mrs. Amalia Post at Cheyenne.

Conventions were held yearly in Salt Lake City, with the best speakers among men and women, and the counties represented by delegates. Many classes in civil government also were formed throughout the Territory.

At the National Convention in Washington, in February, 1891, there were present from Utah ten representatives, and the number of paid-up members entitled the delegates to twenty votes, the largest number of any State except New York.

On Feb. 15, 1892, the association celebrated Susan B. Anthony's birthday in one of the largest halls in Salt Lake City, handsomely decorated and the Stars and Stripes waving over the pictures of Mrs. Stanton and Miss Anthony. Several members of the Legislature took part in the exercises, which were entirely of a suffrage character. A telegram was received from Miss Anthony which said, "Greetings, dear friends: that your citizens' right to vote may soon be secured is the prayer of your coworker." A message of love and appreciation was returned.

On July 29, 1892, a grand rally in the interest of suffrage was held in American Fork, attended by the leaders from Salt Lake City and other parts of the Territory. Ladies wore the yellow ribbon and many gentlemen the sunflower ; the visitors were met at the station with carriages and horses decorated in yellow, and bands of music were in attendance. Mrs. Hannah Lapish, the local president, had charge, a fine banquet was spread, and the entire day was a grand feast of suffrage sentiment. C. W. Penrose was the orator.

During 1892 Mrs. Wells traveled in California and Idaho, and wherever she went, in season and out of season, spoke a good word for the cause, often where women never had given the subject a thought, or had considered it brazen and unwomanly. The annual convention in October was an enthusiastic one, but the real work of the women during that year was for the Columbian Exposition, though a suffrage song book was published and much literature circulated, not only in Utah but broadcast throughout the West; and Mrs. Richards did some work in Southern Idaho. .

In some striking respects 1893 was a woman’s year, and much was done to advance the suffrage cause indirectly. The association gave a large garden party in Salt Lake, with addresses by Mrs. Minnie J. Snow, Mrs. Julia P. M. Farnsworth and the Hon. George Q. Cannon.

At the annual convention Mrs. Wells was elected president, Mrs. Richards vice-president, and they continued in office during the time of the struggle to obtain an equal suffrage clause in the State constitution. Mrs. Wells made personal visits throughout the Territory, urging the women to stand firm for the franchise and encourage the men who were likely to take part in the work toward Statehood to uphold the rights of the women who had helped to build up the country, as well as those who since then had been born in this goodly land, reminding them that their fathers had given women suffrage a quarter of a century before.

In February, 1894, Mrs. Wells called an assembly of citizens for the purpose of arousing a greater interest in a Statehood which should include equal rights for women as well as men. The audience was a large one of representative people. They sang Julia Ward Howe’s Battle Hymn of the Republic and also America, and brilliant addresses were made by the Hon. John E. Booth, the Hon. Samuel W. Richards, Dr. Richard A. Hasbrouck, a famous orator formerly of Ohio, Dr. Martha Hughes Cannon, Mrs. Zina D. H. Young and Mrs. Lucy A. Clark. Asa result of this gathering parlor meetings were held in various parts of the city, arousing much serious thought upon the question, as the Territory was now on the verge of Statehood.

On July 16 President Grover Cleveland signed the enabling act and the Woman’s Exponent chronicled the event with words of patriotic ardor, urging the women to stand by their guns and not allow the framers of the constitution to take any action whereby they might be defrauded of their sacred rights to equality. Miss Anthony’s message was quoted, “Let it be the best basis for a State ever engrossed on parchment ;” and never did the faith of its editor waver in the belief that this would be done.

From this time unremitting work was carried on by the women in all directions; every effort possible was made to secure a convention of men who would frame a constitution without sex distinction, and to provide that the woman suffrage article should be included in the document itself and not be submitted separately.

At the annual convention in October, 1894, a cordial resolution was unanimously adopted thanking the two political parties for having inserted in their platforms a plank approving suffrage for women.

The November election was most exciting. Women all over the Territory worked energetically to elect such delegates to the convention as would place equal suffrage in the constitution.

After the election, when the battle was in progress, women labored tactfully and industriously; they tried by every means to educate and convert the general public, circulated suffrage literature among neighbors and friends and in the most remote corners, for they knew well that even after the constitution was adopted by the convention it must be voted on by all the men of the Territory.

In January, 1895, the president, Mrs. Wells, went to Atlanta to the National Convention, accompanied by Mrs. Marilla M. Daniels and Mrs. Aurelia S. Rogers. In her report she stated that the women of Utah had not allied themselves with either party but labored assiduously with both Republicans and Democrats. In closing she said: "There are two good reasons why our women should have the ballot apart from the general reasons why all women should have it — first, because the franchise was given to them by the Territorial Legislature and they exercised it seventeen years, never abusing the privilege, and it was taken away from them by Congress without any cause assigned except that it was a political measure; second, there are undoubtedly more women in Utah who own their homes and pay taxes than in any other State with the same number of inhabitants, and Congress has, by its enactments in the past, virtually made many of these women heads of families."

A convention was held February 18 in the Probate Court room of the Salt Lake City and County building. Delegates came from far and near. Mrs. Wells presided, and vice-presidents were Mrs. Richards, Mrs. C. W. Bennett; secretary, Mrs. Nellie Little; assistant secretary, Mrs. Augusta W. Grant; chaplain, Mrs. Zina D. H. Young. A committee was appointed by the Chair to prepare a memorial for the convention,^[6] and stirring speeches were made by delegates from the various counties.

In the afternoon as many of the ladies as could gain admittance went into another hall in the same building, where the Constitutional Convention was in session, and where already some members had begun to oppose woman suffrage in the constitution proper and to suggest it as an amendment to be voted upon separately. The Hon. F. S. Richards, a prominent member, presented their memorial, which closed with the following paragraph: "We therefore ask you to provide in the constitution that the rights of citizens of the State of Utah to vote and hold office shall not be denied or abridged on account of sex, but that male and female citizens of the State shall equally enjoy all civil, political and religious rights and privileges." This was signed by Emeline B. Wells, president Woman Suffrage Association; Emily S. Richards, vice-president; Zina D. H. Young, , president National Woman's Relief Society; Jane S. Richards, vice-president, and all the county presidents.

The next morning a hearing was granted to the ladies before the Suffrage Committee. Carefully prepared papers were read by Mesdames Richards, Carlton, Cannon, Milton, Pardee and Pratt. Mrs. Wells spoke last, without notes, stating pertinent facts and appealing for justice.

There was much debate, pro and con, in the convention after this time, and open and fair discussions of the question in Committee of the Whole. The majority report was as follows:

Resolved, That the rights of citizens of the State of Utah to vote and hold office shall not be denied or abridged on account of sex. Both male and female citizens of this State shall equally enjoy all civil, political and religious rights and privileges.

The minority report submitted later was too weak and flimsy to be considered.

The women addressed a cordial letter of appreciation and thanks to the committee who had so nobly stood by their cause.^[7] Having secured this favorable report the women had not supposed it would be necessary to continue their efforts, and it would not have been except for a faction led by Brigham H. Roberts who actively worked against the adoption of this article by the delegates.^[8] Numerously signed petitions for woman suffrage from all parts of the Territory were at once sent to the convention.

On the morning of April 8 the section on equal suffrage which had passed its third reading was brought up for consideration, as had been previously decided. The hall was crowded to suffocation, but as the debate was limited to fifteen minutes it was soon disposed of without much argument from either side. The vote of the convention was 75 ayes, 6 noes, 12 absent. Every member afterwards signed the constitution.

On May 12, Miss Anthony and the Rev. Anna Howard Shaw, president and vice-president-at-large of the National Association, arrived, as promised, to hold a suffrage conference. They were accompanied by Mrs. Mary C. C. Bradford and Mrs. Ellis Meredith of Colorado. The conference met in the hall where the Constitutional Convention had adjourned a few days before. Mrs. Wells presided and Gov. Caleb W. West introduced Miss Anthony, assuring his audience it was a distinguished honor, and declaring that the new State constitution which included woman suffrage would be carried at the coming election by an overwhelming majority. Miss Anthony responded in a most acceptable manner. Governor West also introduced Miss Shaw who made an eloquent address. Mrs. Bradford and Mrs. Meredith were formally presented and welcome was extended by Mesdames Zina D. H. Young, W. Ferry, B. W. Smith, J. Milton, C. E. Allen, M. I. Horne, E. B. Ferguson and the Hon. J. R. Murdock, a pioneer suffragist and member of the late convention.

The. same afternoon a reception was given in honor of the ladies at the handsome residence of the Hon. F. S. and Mrs. Richards, attended by over three hundred guests, including State officials, officers and ladies from the military post, and many people of distinction. The conference lasted two days, with large audiences, and the newspapers published glowing accounts of the proceedings and the enthusiasm. Many social courtesies were extended.,

Miss Anthony and her party held meetings in Ogden and were honored in every possible way, the Hon. Franklin D. Richards and his wife and the Hon. D. H. Peery being among the entertainers there.

The question soon arose whether women should vote on the adoption of the constitution at the coming November election. The commission which had been appointed by the U. S. Government to superintend affairs in Utah, decided at their June meeting to submit the matter to the Attorney-General. There was considerable agitation by the public press; some newspapers favored the women's voting and others thought its legality would be questioned and thus the admission to Statehood would be hindered. The women generally were willing to abide by the highest judicial authority.

A test case was brought before the District Court in Ogden, August 10. The court room was crowded with attorneys and prominent citizens to hear the decision of Judge H. W. Smith, which was that women should register and vote. The case was then carried to the Supreme Court of the Territory and the decision given August 31. Chief Justice Samuel A. Merritt stated that Judge G. W. Bartch and himself had reached the conclusion that the Edmunds-Tucker Law had not been repealed and would remain effective till-Statehood was achieved, and that he would file a written opinion reversing the judgment of the lower court. Judge William H. King, the other member, dissented and declared that "the disfranchisement of the women at this election he regarded as a wrong and an outrage."

The opinion of the Supreme Court could not be ignored and therefore the women citizens acquiesced with the best grace possible. Unremitting and effective work continued to be done by the suffrage association, although the foremost women soon affiliated with the respective parties and began regular duty in election matters. The leaders went through the Territory urging women everywhere to look after the interests of the election and see that men voted right on the constitution, which was not only of great importance to them and their posterity but to all women throughout the land.

Women attended conventions, were members of political committees and worked faithfully for the election of the men who had been nominated at the Territorial Convention. A few women also had been placed on the tickets — Mrs. Emma McVicker for Superintendent of Public Instruction, Mrs. Lillie Pardee for the Senate, and Mrs. E. B. Wells for the House of Representatives, on the Republican ticket, and it was held that although women were not allowed to vote, they might be voted for by men. But finally, so many fears were entertained lest the success of the ticket should be imperiled that the women were induced to withdraw. Mrs. Wells' name remained until the last, but the party continuing to insist, she very reluctantly yielded, informing the committee that she did it under protest. On Nov. 5, 1895.

LAURA M. JOHNS,	MARY J. COGGESHALL,
Salina, Kan.	Des Moines, Iowa.
EMMELINE B. WELLS,
Salt Lake City. Utah.
MARY SMITH HAYWARD,	JULIA B. NELSON,
Chadron. Neb.	Red Wing, Minn.

the Republican party carried the election by a large majority; the constitution was adopted by 28,618 ayes, 2,687 noes, and Full Suffrage was conferred on women.

President Cleveland signed the constitution of Utah, Jan. 4, 1896, and the inaugural ceremonies were held in the great tabernacle in Salt Lake City, January 6, "Utah completing the trinity of true Republics at the summit of the Rockies." Gov. Heber M. Wells took the oath administered by Chief Justice Charles S. Zane, and at a given signal the booming of artillery was heard from Capitol Hill. Secretary-of-State Hammond read the Governor's first proclamation convening the Legislature at 3 o'clock that day. Mrs. Pardee was elected clerk of the Senate and entered upon the duties of the office at the opening session, signing the credentials of the U.S. Senators — the first case of the kind on record. C. E. Allen had been elected representative to Congress, and the Legislature at once selected Frank J. Cannon and Arthur Brown as United States Senators.

At the National Suffrage Convention in Washington, the evening of January 27 was devoted to welcoming Utah. Representative Allen and wife were on the platform. The Rev. Miss Shaw tendered the welcome of the association. Senator Cannon, who had just arrived in the city, responded declaring that woman was the power needed to reform politics. Mrs. Allen and Mrs. S. A. Boyer spoke of the courage and persistence of the women, and Mrs. Richards gave a graphic account of the faithful work done by the Utah Suffrage Association.

In January, 1897, Mrs. Wells attended the National Convention in Des Moines, Iowa, and described the first year's accomplishments to an appreciative audience.

On Oct. 30, 1899, Mrs. Carrie Chapman Catt, chairman of the National organization committee, and Miss Mary G. Hay, secretary, came to Salt Lake City on the homeward way from Montana, and a meeting was held in the office of the Woman's Exponent, Mrs. Wells in the chair and about twenty-five ladies present, all ardent suffragists. After due deliberation a committee was appointed, Mrs. Richards, chairman, Mrs. J. Fewson Smith, secretary, to work for suffrage in other States, especially Arizona. Subsequently this committee organized properly, adopted the name Utah Council of Women, and did all in their power to raise means and carry on the proposed work, and dues were sent to the national treasury.

In February, 1900, Mrs. Richards, president, and Mrs. Lucy A. Clark, delegate, went to Washington and took part in the National Convention and the celebration of Miss Anthony's eightieth birthday. On this occasion the Utah Silk Commission presented to her a handsome black silk dress pattern, which possessed an especial value from the fact that the raising of the silk worms, the spinning of the thread and all the work connected with its manufacture except the weaving was done by women.;

During this year the Council of Women worked assiduously. to make a creditable exhibit at the national suffrage bazar. Mrs. Mary T. Gilmer having personal charge of it in New York City.

Laws: Dower and curtesy are abolished. The law reserves for the widow one-third of all the real property possessed by the husband free from his debts, but the value of such portion of the homestead as is set apart for her shall be deducted from this share. If either husband or wife die without a will leaving only one child or the lawful issue of one, the survivor takes one-half the real estate; if there are more than one or issue of one living, then one-third. If there is issue the survivor has one-half the personal estate. If none he or she is entitled to all the real and personal estate if not over $5,000 in value, exclusive of debts and expenses. Of all over that amount the survivor receives one-half and the parents of the deceased the other half in equal shares; if not living it goes to the brothers and sisters and their heirs.

Also the widow or widower is entitled to one-half the community property subject to community debts, and if there is no will, to the other half provided there are no children living.

A homestead not exceeding $2,000 in value and $250 additional for each minor child, together with all the personal property exempt from execution, shall be wholly exempt from the payment of the debts of decedent, and shall be the absolute property of the surviving husband or wife and minor children. This section shall not be construed to prevent the disposition by will of the homestead and exempt personal property.

A married woman has absolute control over her separate property and may mortgage or convey it or dispose of it by will without the husband’s consent. The husband has the same right, but in conveying real estate which is community property, the wife’s signature is necessary.

A married woman may engage in business in her own name and “her earnings, wages and savings become her separate estate without any express gift or contract of the husband, when she is permitted to receive and retain them and to loan and invest them in her own name and for her own benefit, and they are exempt from execution for her husband’s debts.” (1894.)

A married woman may make contracts, sue and be sued in her own name.

The father is the legal guardian of the children, and at his death the mother. The survivor may appoint a guardian.

Support for the wife may be granted by the court the same as alimony in divorce, if the husband have property in the State. If not there is no punishment for non-support. (1896.)

The “age of protection” for girls was raised from 10 to 13 years in 1888, and to 18 years in 1896. The penalty is imprisonment in the penitentiary not less than five years.

Suffrage: The Territorial Legislature conferred the Full Suffrage on women in 1870, and they exercised it very generally until 1887 when they were deprived of it by Congress through what is known as the Edmunds-Tucker Act. Utah entered the Union in 1896 with Full Suffrage for women as an article of the State constitution.

That they exercise this privilege quite as extensively as men is shown by the following table prepared from the election statistics of 1900. It is not customary to make separate returns of the women’s votes and these were obtained through the courtesy. of Governor Wells, who, at the request of the Utah Council of Women, wrote personal letters to the county officials to secure them. Eleven of the more remote counties did not respond but those having the largest population did so, and, judging from previous statistics, the others would not change the proportion of the vote.

Counties.	Registered.			Voted.
	Men.	Women.	Total.	Men.	Women.	Total.
Salt Lake	14,083	13,328	27,411	13,102	12,802	25,904
Utah	5,921	5,922	11,843	5,649	5,650	11,299
Cache	3,112	3,210	6,322	2,946	3,085	6,031
Box Elder	1,759	1,548	3,307	1,677	1,466	3,143
Davis	1,175	1,327	2,502	1,133	1,277	2,410
Carbon	986	511	1,497	937	477	1,414
Uintah	851	683	1,534	796	622	1,418
Iron	743	672	1,415	708	646	1,354
Washington	690	752	1,442	690	752	1,442
Piute	409	264	673	399	246	645
Morgan	408	387	795	398	378	775
Rich	404	289	693	398	286	684
Wayne	342	302	644	318	309	627
Grand	285	135	420	263	129	392
Kane	280	341	621	219	285	504
San Juan	123	61	184	106	56	162
	31,571	29,732	61,313	29,738	28,486	58,198

Total registration of men	31,571
"vote""	29,738
Registered but not voting	1,833
Total registration of women	29,732
"vote""	28,486
Registered but not voting	1,246

It will be seen that in five counties the registration and vote of women was larger than that of men, and in the State a considerably larger proportion of women than of men who registered voted. Women cast nearly 50 per cent. of the entire vote and yet . the U. S. Census of this year showed that males comprised over 51 per cent. of the population.

All of the testimony which is given in the chapters on Wyoming, Colorado and Idaho might be duplicated for Utah. From Mormon and Gentile alike, from the press, from the highest officials, from all who represent the best interests of the State, it is unanimously in favor of suffrage for women. The evidence proves beyond dispute that they use it judiciously and conscientiously, that it has tended to the benefit of themselves and their homes, and that political conditions have been distinctly improved.*

Office Holding: Governor Heber M. Wells at once carried into effect the spirit of the constitution, adopted in 1895, by ap-

^[9] pointing women on all State boards of public institutions where it was wise and possible. Two out of five places on the Board of the Deaf and Dumb Institute were given to women, Harriet F. Emerson and Dr. Martha Hughes Cannon.

The first Legislature, 1896, passed "An act for the establishment of sericulture" (raising of silk worms). Women had worked energetically to secure this measure, and it was appropriate that five of them, three Republican and two Democratic, should be appointed as a silk commission, Zina D. H. Young, Isabella E. Bennett, Margaret A. Caine, Ann C. Woodbury and Mary A. Cazier. Each was required to give a thousand-dollar bond. <A later Legislature appropriated $1,000 per annum to pay the secretary.

Two women were appointed on the Board of Regents of the State University, Mrs. Emma J. McVicker, Republican and Gentile; Mrs. Rebecca E. Little, Democrat and Mormon. Both are still serving. Two were appointed Regents of the Agricultural College, Mrs. Sarah B. Goodwin and Mrs. Emily S. Richards.

At the close of the Legislature the Republican State Central Committee was reorganized; Mrs. Emmeline B. Wells was made vice-chairman, Miss Julia Farnsworth, secretary. The Democratic party was quite as liberal toward women and the feeling prevailed that at the next election women would be placed in various State and county offices. There were many women delegates in the county and also in the State conventions of both parties in 1896, and a number of women were nominated.

It was a Democratic victory and the women on that ticket were elected — Dr. Martha Hughes Cannon to the Senate, Eurithe Le Barthe and Sarah A. Anderson to the House; Margaret A. Caine, auditor of Salt Lake County; Ellen Jakeman, treasurer Utah County; Delilah K. Olson, recorder Millard County; Fannie Graehl (Rep.), recorder Box Elder County, and possibly some others.

In the Legislature of 1897, Mrs. Le Barthe introduced a bill forbidding women to wear large hats in places of public entertainment, which was passed. Dr. Cannon championed the measure by which a State Board of Health was created, and was appointed by the Governor as one of its first members. She had part in the defeat of the strong lobby that sought to abolish the existing State Board of Public Examiners, which prevents incompetents from practicing medicine. She introduced a bill compelling the State to educate the deaf, mute and blind; another requiring seats for women employes; what was known as the Medical Bill, by which all the sanitary measures of the State are regulated and put in operation; and another providing for the erection of a hospital for the State School of the Deaf, Dumb and Blind, carrying with it the necessary appropriation. All the bills introduced or championed by Dr. Cannon became laws. She served on the Committees on Public Health, Apportionment. Fish and Game, Banks and Banking, Education, Labor, etc.

At the close of their second term the Senate presented her with a handsome silver-mounted album containing the autographs of all the Senators and employes. She had drawn what is known as the long term, and at its close she was chosen to present a handsome gavel to the president of the Senate in behalf of the members. Thus far she has been the only woman Senator.

In 1899 Mrs. Alice Merrill Horne (Dem.), the third woman elected to the House, was appointed chairman of the State University Land Site Committee, to which was referred the bill authorizing the State to take advantage of the congressional land grant offered for expending $301,000 in buildings and providing for the removal of the State University to the new site. At a jubilee in recognition of the gift, held by the faculty and students, at which the Governor and Legislature were guests, Mrs. Horne was the only woman to make a speech and was introduced by President Joseph T. Kingsbury in most flattering terms for the work she had done in behalf of education. She championed the Free Scholarship Bill giving one hundred annual Normal School appointments, each for a term of four years; and one creating a State Institute of Art for the encouragement of the fine arts and for art in public school education and in manufactures, for an annual exhibition, a course of lectures and a State art collection, both of which passed. She was a member of committees on Art, Education, Rules and Insane Asylum; was the only member sent to visit the State Insane Asylum, going by direction of the Speaker of the House, as a committee of one, to surprise the superintendent and report actual conditions. Mrs. Horne was presented with a photographed group of the members of the House, herself the only woman in the picture.

The November election of 1900 was fraught with great interest to the women, as the State officials were to be elected as well as the Legislature, and they were anxious that there should be some women's names on the tickets for both the House and Senate, and that a woman should be nominated for State Superintendent of Public Instruction by both parties. For this office the Republican and the Democratic women presented candidates, — Mrs. Emma J. McVicker and Miss Ada Faust, — but both conventions gave the nomination to men. Meantime Dr. John R. Park, the superintendent, died suddenly and Gov.. Wells appointed Mrs. McVicker as his successor for the unfinished term.

Mrs. J. Ellen Foster, of Washington, D. C., was sent to Utah by the Republican National Committee, and with Mrs. W. F. Boynton and others, made a spirited and successful campaign.

There never has been any scramble for office on the part of women, and here, as in the other States where they have the suffrage, there is but little disposition on the part of men to divide with them the "positions of emolument and trust." Only one woman was nominated for a State office in 1900, Mrs. Elizabeth Cohen for the Legislature, and she was defeated with the rest of the Democratic ticket. All of the women who have served in the Legislature have been elected by the Democrats.

Several women were elected to important city and county offices. In many of these offices more women than men are employed as deputies and clerks.

In 1900 Mrs. W. H. Jones was sent as delegate to the National Republican Convention in Philadelphia, and Mrs. Elizabeth Cohen to the Democratic in Kansas City, and both served throughout the sessions. This is the first instance of the kind on record, although women were sent as alternates from Wyoming to the National Republican Convention at Minneapolis in 1888.

'Women are exempted from sitting on juries, the same as editors, lawyers and ministers, but they are not excluded if they wish to serve or the persons on trial desire them. None has thus far been summoned.

Occupations: No profession or occupation is legally forbidden to women except that of working in mines.

Education: All of the higher institutions of learning are open to both sexes. In the public schools there are 527 men and 892 women teachers. The average monthly salary of the men is $61.42; of the women, $41.19.

 

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Women in Utah always have been conspicuous in organized work. The National Woman's Relief Society was established at Nauvoo, Ills., in 1842, and transferred to Salt Lake City in 1848. It is one of the oldest associations of women in the United States — the oldest perhaps of any considerable size. It has over 30,000 members and is one of the valuable institutions of the State. The National Young Ladies' Mutual Improvement Association has 21,700 members and in 1900 raised $3,000 partly for building purposes and partly to help the needy.^[10] There are also a State Council of Women, Daughters of the Pioneers, Daughters of the Revolution, Council of Jewish Women, etc. Thirty-three clubs belong to the National Federation but this by no means includes all of them.

 

1. The History is indebted for this chapter to Mrs. Emmeline B. Wells of Salt Lake City, editor of the Woman's Exponent, and president of the Territorial Association during the campaign when Full Suffrage was secured. Valuable assistance has been rendered by Mrs. Emily S. Richards of that city, vice-president during the same period.
2. Committee: Lillie Devereux Blake of New York, Virginia L. Minor of St. Louis, Harriet R. Shattuck of Boston, May Wright Sewall of Indianapolis and Ellen H. Sheldon of Washington, D. C.
3. Committee: Lillie Devereux Blake, Matilda Joslyn Gage, Caroline Gilkey Rogers and Mary Seymour Howell, of New York; Clara B. Colby, Nebraska; Sarah T. Miller, Maryland; Elizabeth Boynton Harbert, Illinois; Harriet R. Shattuck, Massachusetts, and Louisa Southworth, Ohio.
4. The officers elected were: President, Margaret N. Caine; vice-presidents, Lydia D. Alder, Nellie R. Webber, Priscilla J. Riter; secretary, Cornelia N. Clayton; correspond- ing secretary, Charlotte I. Kirby; treasurer, Margie Dwyer; executive committee, Maria Y. Dougall, Nettie Y. Snell, Ann E. Groesbeck, Phoebe Y. Beatie and Jennie Rowe.
5. Vice-presidents, Mrs. Richards, Ann D. Groesbeck and Caroline E. Dye; recording secretary, Rachel Edwards; corresponding secretary, Julia C. Taylor; treasurer, Margie Dwyer; executive committee, Cornelia H. Clayton, Margaret Mitchell, Nellie Little, Theresa Hills and May Talmage.
6. Mesdames Richards, Young, Bennett, G. S. Carlton, J. S. Gilmer, Romania B. Pratt, Phebe Y. Beatie, Amelia F. Young, Martha H. Cannon, C. E. Allen, Emma McVicker, Ruth M. Fox, Priscilla Jennings, Lillie Pardee and Martha Parsons.
7. Hon. J. F. Chidester, chairman; A. S. Anderson, Joseph E. Robinson, Parley Christianson, Peter Lowe, James D. Murdock, Chester Call, Andreas Engberg, A. H. Raleigh, William Howard, F. A. Hammond, S. R. Thurman. In addition to this committee those who sustained the women and pleaded their cause were Messrs. Richards, Whitney, Evans, Cannon, Murdock, Rich, Hart, Ivins, Snow, Robinson, Allen, Miller, Farr, Preston, Maeser and Wells. There were others, but these were the foremost.
8. Mr. Roberts was elected to Congress on the Democratic ticket in 1900, although strenuously opposed by the women of Utah, irrespective of politics, but largely owing to the vigorous protests of the women of the whole United States, he was not permitted to take his seat. [Eds.
9. See Appendix—Testimony from Woman Suffrage States.
10. In 1889 Mrs. Susa Young Gates established the Young Woman's Journal, a monthly magazine, as the organ of this association, although it was for eight years financially a private enterprise. The president, Mrs. Elmina S. Taylor, was her constant help and inspiration. The first year Mrs. Lucy B. Young, mother of the editor, then past sixty, took her buggy and traveled over Utah explaining the venture and securing subscriptions. Two thousand numbers a year were published. Of late years the business managers have been women. In 1897 Mrs. Gates made over the magazine to the association without any consideration, but was retained as editor. There were at this time practically no debts and 7,000 subscribers, which later were increased to 10,000.