History of Woman Suffrage/Volume 4/Chapter 71

 

CHAPTER LXXI.

WISCONSIN.^[1]

As a Territory Wisconsin interested herself in equal rights. In the first Constitutional Convention universal suffrage regardless of sex or color had a considerable vote. In the second woman suffrage received a certain amount of favorable consideration. Early in the history of the State widows were made heirs of all the property in case of the death of the husband without children, and laws were passed by which a life interest in the homestead was secured to the wife. In 1851 the regents of the State University declared that their plan "contemplated the admission of women," and in 1869 women were made eligible to all school offices.

The first Woman Suffrage Association was organized in 1869 as a result of a large convention in Milwaukee, arranged by Dr. Laura Ross and Miss Lily Peckham, a bright young lawyer, and addressed by Mrs. Elizabeth Cady Stanton, Mrs. Mary A. Livermore, Miss Susan B. Anthony and others. Soon after this several local societies were organized. Its annual meetings since 1883 have been held as follows: 1884, Richland Center; 1885, Whitewater; 1886, Racine; 1887, Madison; 1888, Stevens' Point; 1889, Milwaukee; 1890, Berlin; 1891, Menominee; 1892, Richland Center; 1893, Mukwonago; 1894, Racine; 1895, Evansville; 1896, Waukesha; 1897, Monroe; 1898, Spring Green; 1899, Platteville; 1900, Brodhead.

The president during 1884 was Mrs. Emma C. Bascom, wife of the president of the State University. On leaving for the East she was succeeded by the Rev. Olympia Brown, who has been re-elected every year since.^[2] Mrs. Brown was called to the pastorate of the Universalist Church of Racine in 1878, and during her nine years of service there held occasional meetings in behalf of woman suffrage in various parts of the State.

In addition to annual conventions numerous conferences have been held, too many and too similar in character to make a detailed history of them essential. In the winter of 1884 a course of lectures was given in Racine on subjects relating to women by Mrs. Mary A. Livermore, Mrs. Julia Ward Howe, Mrs. Mary E. Haggart, Mrs. May Wright Sewall and Mrs. J. G. McMurphy.

In November, 1886, Mrs. Brown held a series of nine district conventions in company with Miss Anthony and Mrs. Clara Bewick Colby. On November 1 she received a telegram from Miss Anthony, then in Kansas, saying that they would join in holding conventions in all the congressional districts beginning on the 8th. This seemed a very short time in which to prepare for such a campaign, but by the president's deciding on places and dates without consultation, sending posters to the different towns selected and announcements to all the papers of the State, and then going in person to secure halls and make local arrangements, the date named found a tolerable degree of preparation. The canvass opened with a large reception at the home of Mrs. M. B. Erskine in Racine, which was followed by conventions at Waukesha, Ripon, Oshkosh, Green Bay, Grand Rapids, Eau Claire, La Crosse, Evansville and Madison. At the last place the ladies spoke in the Senate Chamber to a distinguished audience. The effect of these meetings was marked. Many members were added to the State association, branches were organized and an impetus given to the work such as never was known before and has not been repeated. Since then many conventions have been held by the president of the association, its several lecturers and outside speakers.

In 1896 the suffrage association kept open house for ten days at the Manona Lake Assembly; during this time the Rev. Anna Howard Shaw, national vice-president-at-large, gave one of the Chautauqua lectures to an audience of 4,000 people.

Mesdames Kate Taylor, M. A. Fowler, L. A. Rhodes, Augusta Morris, Alura Collins Hollister, L. M. Eastman, Mary Upham, Emma Shores and Sylvia Rogers; press committee, Mesdames Sarah Buck, Clara F. Eastland, Jennie Beck and Dora Putnam; finance committee, Mesdames Anna Gile, Donald Jones and J. B. Hamilton.

In 1898 a conference was held in Madison by the officers of the National Association, attended by the State Executive Board and representatives of various societies.

The Rev. Ella Bartlett, the Rev. Nellie Mann Opdale and the Rev. Alice Ball Loomis have each served as State lecturer for two or more years and proved most efficient. Mrs. Emma Smith DeVoe has also lectured in the State during several different seasons with excellent effect.

Among those who have aided in the work in an early day may be mentioned Madame Mathilde F. Anneke, Dr. Laura Ross Wolcott, Mrs. Ella Partridge, Mrs. Emeline Wolcott; and later Mrs. Lephia O. Brown, the mother, and J. H. Willis, the husband, of the Rev. Olympia Brown.^[3]

Prof. Henry Doty Maxon stands pre-eminent among the men who have assisted the cause. He was pastor of the Unitarian Church at Menominee and vice-president of the State Suffrage Association for a number of years, attended the annual meetings regularly and himself arranged one of the most successful, which was held in his church, known as the Mabel Taintor Memorial Hall. Col. J. G. McMynn exerted an influence in favor of woman's advancement, at an early day. Many men have aided by giving money and influence, among them State Senator Norman James, David B. James, Capt. Andrew Taintor, the Hon. T. B. Wilson, Burr Sprague, M. B. Erskine, the Hon. W. T. Lewis, Steven Bull, the Hon. Isaac Stevenson, U. S. Senator Philetus Sawyer and Judge Hamilton of Neenah. The clergy generally have assisted by giving their churches for meetings. The Richland Center Club and the Greene County Equal Rights Association deserve special mention for their faithfulness and generosity. The Suffrage Club of Platteville is also very active.

One of the most important features of the work has been the publication of the Wisconsin Citizen, a monthly paper devoted to the interests of women. It was started in 1887 to educate the people on the suffrage bill of 1885 and has continued ever since, no other one influence having been so helpful to the cause. The association owes this paper to Mrs. Martha Parker Dingee, a niece of Theodore Parker, who edited it for seven years, reading all the proofs, without help and without remuneration; and to Mrs. Helen H. Charlton who has edited and published the paper from 1894 to the present time.

Miss Sarah H. Richards compiled and published an interesting history and directory of the Wisconsin Woman Suffrage Association to which the present sketch is much indebted.

Legislative Action: Only one measure looking to the extension of suffrage to women ever-has been passed by the Legislature. This was done in 1885 as the result of the efforts of Alura Collins Hollister, who was appointed to represent the association in legislative work at Madison. The following was submitted to the voters: "Every woman who is a citizen of this State of the age of twenty-one years and upward, except paupers, etc., who has resided within the State one year and in the election district where she offers to vote ten days next preceding any election pertaining to school matters, shall have the right to vote at such election." This was discussed at length in both branches of the Legislature and passed on March 13 by a large majority.

It was voted upon at the fall election in 1886 receiving a majority of 4,583, and thus became a law.^[4]

It will be noted that this law specifies what women are to vote, viz.: actual citizens who are not paupers; where women are to vote, viz.: in the election districts where they reside; when women are to vote, viz.: when there is an election pertaining to school matters. It does not specify what women are to vote upon or for whom — they are full voters without limitation at all elections pertaining to school matters. What elections pertain to school matters? First, the general election held once in two years, at which the State Superintendent of Public Instruction and officers controlling the State University and other State in stitutions are chosen. Second, the municipal election which in most cities pertains to school matters, as a school board or superintendent is chosen then. Third, other elections in country villages where one or more school officers are chosen. Fourth, special elections where subjects relating to schools are voted upon. Of several suffrage bills reported at this session this one, called the Ginty Bill, was the only one which provided for a submission of the question to the voters, which shows the purpose of the framers to have been to grant State or national suffrage. The broad scope of this law practically giving women a vote on the election of all national, State and municipal officers, was pointed out to the leaders of the suffrage association by some of the men instrumental in its passage, notably Senator Norman James, chairman of the Joint Special Committee that reported the bill. It is claimed that the Legislature did not intend to pass a law so far reaching, but the circumstances of its passage, political conditions at the time, as well as the statements of its members and of the committee, show that they did intend to pass this broad, far-reaching law, giving suffrage to women.

To awaken women to the necessity of voting at the first opportunity — the municipal election in 1887 — the suffrage association undertook an active canvass of the State which lasted without interruption until the autumn of 1888, a period of over two years. The Rev. Olympia Brown gave up her church in Racine and devoted herself exclusively to the work. The association was assisted by Miss Anthony, Mrs. Livermore, Mrs. Elizabeth Lyle Saxon, Mrs. Elizabeth Boynton Harbert and Mrs. Catharine Waugh McCulloch. Some of these speakers remained a month, others a week and some only for two or three lectures. The State president attended every meeting.

On the morning of the election in April, 1887, Attorney-General Charles B. Estabrook sent out telegrams to those places where he supposed women would be likely to vote, ordering the inspectors to reject their ballots, which was done; but where they were not advised by him the ballots of women were accepted.

The next effort of the suffrage leaders was to instruct the people in the law and the circumstances of its passage, and thus to inspire confidence in spite of the refusal of the ballots. It was suggested that as the Presidential election was near at hand, politicians would not leave it uncertain as to whether or not women were entitled to vote, but would secure an interpretation of the law from the Supreme Court without proper argument and presentation of the facts, hence the State W. S. A. decided to test the matter itself. The case was brought by Mrs. Brown against the election inspectors in Racine for refusing to accept her vote, and was ably argued before Judge John B. Winslow of the Circuit Court, now a member of the Supreme Court of Wisconsin. He overruled the demurrer of the inspectors, stating that women were entitled to vote at that election and for all candidates, thus confirming the law.

An appeal was immediately taken by the inspectors to the Supreme Court, and in order to keep the subject before the people and to create a favorable public sentiment the association continued its canvass by distributing literature and giving lectures. The decision rendered Jan. 31, 1888, was written by Justice John B. Cassody and was so vague and loosely worded that lawyers were not agreed as to its meaning. He reversed the finding of the lower court, however, declaring the intent of the law to be to confer School Suffrage only.^[5]

The association now found itself confronted by a large debt, the whole suit having cost about $1,500, but by active work the autumn of 1888 found everything paid. In all this Mrs. Almeda B. Gray, one of the officers of the association, was a leading spirit, contributing largely in time and money; Mrs. M. A. Fowler worked night and day, making routes for speakers and planning the campaign, other women assisted according to their ability and the club at Richland Center did excellent service. The decision still left room for litigation, the claim being made that the ruling of the Supreme Court plainly recognized the right of women to vote provided their ballots were put in a separate box.

In the following November Wm. A. McKinley was elected Superintendent of Schools for Oconto County by the votes of women placed in a separate box. His election was contested and the case was argued before Judge Samuel B. Hastings of Green Bay, who, quoting from the decision of Judge Cassody, decided that women had a right to vote provided their ballots were put into a separate box. This case also was appealed to the Supreme Court, where the decision, rendered by Judge William P. Lyon, Jan. 26, 1890, was that the votes of, the women in Oconto County were illegally counted. The ground for this finding was that further legislative action was necessary before separate ballot-boxes could be legally provided. Judge Cassody dissented from this opinion.

The law then became practically a dead letter, except in a few instances, until 1901, when an Act of the Legislature provided for separate ballot boxes for women, and in the spring of 1902 they voted on school questions.

In 1895 the legislative committee, consisting of Mrs. Jennie Lamberson, Mrs. Jessie Luther and Mrs. Alice Kollock, assisted by Mrs. Charlton, secured the introduction of two bills — one to strike the word "male" from the State constitution, the other for a suffrage amendment by statute law. A hearing was granted before the joint committee of both Houses in the Senate Chamber, which was crowded. Mesdames Elizabeth Boynton Harbert (Ills.), Helen H. Charlton, Nellie Mann Opdale, Ellen A. Rose and Dr. Annette J. Shaw were the speakers.^[6] The bills were reported favorably but were lost after discussion. Laws: Dower and curtesy obtain. A widow is entitled to a life interest in one-third of the real estate and, if the husband die without a will, to the share of a child in the personal estate. If there is no lawful issue she has the entire estate, both real and personal. The widower has a life interest in all the real estate of his wife not disposed of by will, or in all of it if the wife died intestate, unless she left issue by a former husband, in which case such issue takes it, free from the right of the surviving husband to hold the same by curtesy. If the wife die without a will and leave no issue, the widower is entitled to the entire estate, both real and personal. There may also be reserved for the widow a homestead of not more than forty acres of farm land, or one-quarter of an acre in a town, which at her subsequent marriage or death passes to the heirs of the former husband. If none exist she does not lose her homestead rights by marrying again.

The wife may dispose of all her real estate by conveyance during her lifetime or by will, without the husband's consent. He can not destroy her dower rights.

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

The father, if living, and in case of his death the mother, while she remains unmarried, shall be entitled to the custody of the persons and education of the minor children. The father may by will appoint a guardian for a child, whether born or unborn, to continue during its minority or for a less time.

Neglect to provide for a wife and minor children is a misdemeanor, punished by imprisonment in the county jail not less than fifteen days, during ten days of which food may be bread and water only; or by imprisonment in the penitentiary not exceeding one year, or in the county workhouse, at the discretion of the court.

In 1887 a law was passed raising the "age of protection" for girls from 10 to 14 years. In 1889 this was amended by lowering the age to 12 and reducing the punishment from imprisonment for life to not more than thirty-five nor less than five years. The clause also was added: 'Provided that if the child shall be a common prostitute, the man shall be imprisoned in the penitentiary not less than one year nor more than seven."^[7] In 1895 the age was raised again to 14 years with the same penalty.

Suffrage: By the law of 1885 every woman who is a citizen of this State of the age of twenty-one years and upwards, except paupers, etc., who has resided in the State for one year and in the election district where she offers to vote ten days next preceding any election pertaining to school matters, shall have a right to vote at such election. By the present interpretation of this law the suffrage of women is limited to school officers and questions. Suffrage may be extended by statute but such law must be ratified by a majority of the voters at a general election.

Office Holding: There is no law authorizing women to hold any elective office except such as pertains to schools, but they have been eligible to these since 1869. Eighteen women have served as county superintendents at the same time; nine are acting at present. They sit on school boards in a number of cities.

In the Legislature women act as enrolling and engrossing clerks, and as clerks and stenographers to committees. They are also found as clerks, copyists and stenographers in the various elective and appointive State, city and county offices.

In the State institutions they are employed as teachers, matrons, bookkeepers, supervisors, State agents for placing dependent children, etc. The Milwaukee Industrial School for Girls, supported partly by public and partly by private funds, is the only institution managed entirely by women.

There are no women physicians at any of the State institutions. One woman was appointed county physician in Waukesha, and one or two have been made city physicians.

The office of police matron was established by city ordinance in Milwaukee in 1884. There is none in any other city.

Women act as notaries public and court commissioners.

Women could not sit on any State Boards until the Legislature of 1901 authorized the appointment of one woman on the Board of Regents for the State University, and one on that of the State Normal School. It also authorized the appointment of a woman State Factory Inspector.

Occupations: No profession or occupation is legally forbidden to women.

Education: In 1851 the regents of the State University took a stand in favor of co-education. In 1866 an Act reorganizing the university declared that in all its departments it should be opened to male and female students; but owing to prejudices it was not until 1873 that complete co-education was established, although women were graduated in 1869. All institutions of learning are open alike to both sexes.

In the public schools there are 2,654 men and 9,811 women teachers. The average monthly salary of the men is $41; of the women, $29.50.

 

1. The History is indebted for most of the material in this chapter to the Rev. Olympia Brown of Racine, president of the State Woman Suffrage Association since 1884.
2. The other officers at present are: Vice-presidents, Mrs. Ellen A. Rose and Mrs. Madge Waters; chairman executive committee, Mrs. Etta Gardner; corresponding secretary, Mrs. M. Geddes; recording secretary, Miss Emma Graham; treasurer, Mrs. Lydia Woodward; State organizer, the Rev. Alice Ball Loomis; district presidents, Dr. Abby M. Adams,
3. Besides those mentioned above, Mesdames Nancy Comstock, Josephine DeGroat, M. A. Derrick, M. A. Fowler, M. M. Frazier, Laura James, Dr. Sarah Monroe, E. A. Rose, S. A. Rhodes, Burr Sprague and Lydia Woodward all have been most valuable helpers. Among generous contributors have been W. H. Crosby, Charles Erskine; Mesdames L. J. Barlow, Laura C. Demmon, Almeda B. Gray, Mary E. Hulett, Emma V. Laughton, Mary Merrill, Margaret Messenger, Hannah Patchen, Dr. Laura Ross Wolcott, Emeline Wolcott and Park Wooster; those who have aided by the pen are Mesdames Marian V. Dudley, Clara Eastland, Hattie Tyng Gardner, Etta Gardner, C. V. Leighton and Minnie Stebbins Savage.,
4. The State constitution provides that the suffrage may be extended by a law submitted to the electors at any general election. If it receives a majority vote it is held to have the force of a constitutional amendment.
5. The open letter addressed to Judge Cassody, March 28, 1888, by Mrs. Brown, in regard to this decision, was pronounced by the best lawyers as unsurpassed in logic, legal acumen, keen sarcasm and righteous indignation. [Eds.
6. E. P. Wilder, associate editor of the Madison State Journal, chief official organ of the Republican party, made an excellent address at this time in favor of woman suffrage, which was afterwards printed as a leaflet.
7. This is believed to be the only case on record where the age of protection has been lowered. The amendment was urged by Senator P. J. Clawson of Monroe, Green County. At its next meeting the county suffrage society passed the strongest possible denunciatory resolutions, and thereafter its members worked diligently to defeat Mr. Clawson for the nomination to Congress, which they succeeded in doing.