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A Short History of Women's Rights

Chapter VIII · WOMEN'S RIGHTS IN THE UNITED STATES (continued 2)

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DIVORCE: Absolute for adultery, extreme cruelty, wilful desertion or neglect or habitual intemperance for one year, conviction of felony.

No limited divorce.

Party guilty of adultery cannot marry any other, except the innocent party, until death of latter.

LABOUR LAWS: Sunday labour forbidden. No woman under 18 may labour more than ten hours a day. No child under 15 may work in mine, hotel, laundry, factory, elevator, bowling alley, or any place where liquor is sold. No child under 15 shall be employed at all while schools are in session.

SUFFRAGE, POLITICAL CONDITION, INDUSTRIAL AND PROFESSIONAL STATUS: Women can vote for school trustees. They may be notaries. 29 women in ministry, 3 dentists, 4 journalists, 12 lawyers, 24 doctors, 7 professors, 3 saloon keepers, 3 commercial travellers, etc.

Tennessee

AGE OF LEGAL CONSENT: 18.

POPULATION: Male 1,021,224; female 999,392.

HUSBAND AND WIFE: Husband controls wife's earnings, and wife can do nothing with her separate estate without his consent. Dower and curtesy prevail. Husband has right to all rents and profits of wife's estate. No law requires husband to provide. Husband is guardian of children.

DIVORCE: Absolute for impotence, bigamy, adultery, desertion for two years, conviction for felony, attempted murder, pregnancy of woman at time of marriage without knowledge of husband, habitual drunkenness.

Limited for wife only for cruel treatment by husband or intolerable indignities, and desertion or refusal to provide.

Party guilty of adultery cannot marry person with whom adultery has been committed during life of former partner.

LABOUR LAWS: No Sunday labour. No child under 14 may be employed in factory, workshop, or mine. Seats must be provided for female employees. Hours for labour of women confined to 60 per week.

SUFFRAGE, POLITICAL CONDITION, INDUSTRIAL AND PROFESSIONAL STATUS: No suffrage. 30 women in ministry, 1 dentist, 19 journalists, 14 lawyers, 48 doctors, 9 professors, 6 saloon keepers, 4 bankers, 16 commercial travellers, 6 carpenters, etc.

Texas

AGE OF LEGAL CONSENT: 15.

POPULATION: Male 1,578,900; female 1,469,810.

HUSBAND AND WIFE: Husband controls wife's earnings and wife can do nothing with her separate property without his consent. No dower or curtesy. Husband and wife succeed equally to each other's estate. Husband is guardian of children and may be required to provide out of his wife's estate.

DIVORCE: Absolute for excesses or outrages; in favour of husband when wife is taken in adultery or has deserted him for three years; in favour of wife, if husband has deserted her for three years or has abandoned her and lives in adultery with another woman. In favour of either husband or wife on conviction for felony.

No limited divorce.

LABOUR LAWS: No Sunday labour. No child under 12 may be employed in any establishment using machinery. No females shall be employed in any place where liquor is sold except immediate members of owner's family.

SUFFRAGE, POLITICAL CONDITION, INDUSTRIAL AND PROFESSIONAL STATUS: No suffrage. Women can be notaries. 50 women in ministry, 12 dentists, 51 journalists, 17 lawyers, 100 doctors, 3 professors, 26 saloon keepers, 18 bankers, 29 commercial travellers, 12 carpenters, etc.

Utah

AGE OF LEGAL CONSENT: 18.

POPULATION: Male 141,687; female 135,062.

HUSBAND AND WIFE: Wife controls own earnings. No dower or curtesy. Husband and wife succeed equally to each other's estate at death. Woman controls separate estate absolutely. Husband is legal guardian of children. There is no penalty for non-support.

DIVORCE: Absolute for impotence, adultery, desertion for one year, neglect to provide, habitual drunkenness, conviction of felony, cruel treatment causing bodily injury or mental distress, permanent insanity.

No limited divorce; but wife has an action for separate maintenance in case of desertion or neglect to provide on part of husband.

LABOUR LAWS: No females may work in mines. No Sunday labour.

SUFFRAGE, POLITICAL CONDITION, INDUSTRIAL AND PROFESSIONAL STATUS: Full suffrage; therefore all offices are open to women. 20 women in ministry, 5 dentists, 7 journalists, 1 lawyer, 34 doctors, 2 saloon keepers, 1 banker, 3 commercial travellers, 1 carpenter, etc.

Vermont

AGE OF LEGAL CONSENT: 16.

POPULATION: Males 175,138; females 168,503.

HUSBAND AND WIFE: Wife controls own earnings and controls separate property. No dower or curtesy. Husband and wife have same powers of mutual inheritance, except that widower does not take his wife's personal property. Husband is guardian of children and must support.

DIVORCE: Absolute or limited for adultery, sentence to hard labour, intolerable severity, desertion for three years, neglect to provide, absence for seven years without being heard from.

LABOUR LAWS: No child under 16 to be employed after 8 P.M. No child under 12 may work in mill, factory, railroad, quarry, or messenger service. No female shall be employed in barrooms. No Sunday labour.

SUFFRAGE, POLITICAL CONDITION, INDUSTRIAL AND PROFESSIONAL STATUS: Women have school suffrage. They may be notaries. 17 women in ministry, 3 dentists, 15 journalists, 21 doctors, 1 professor, 2 saloon keepers, 11 commercial travellers, 3 carpenters, etc.

Virginia

AGE OF LEGAL CONSENT: 14.

POPULATION: Male 925,897; female 928,287.

HUSBAND AND WIFE: Wife controls own earnings and separate property absolutely. Dower and curtesy prevail. Husband is guardian of children and must support.

DIVORCE: Absolute for adultery, impotence, sentence to penitentiary, conviction of an infamous offence prior to marriage without knowledge of other party, desertion for three years, pregnancy of wife at time of marriage or previous prostitution without knowledge of husband.

Limited for cruelty, reasonable apprehension of bodily hurt, desertion.

LABOUR LAWS: Seats must be provided for female employees. Hours of female labour confined to ten. No child under 12 may work in factory or mine; no child under 14 shall work between 6 P.M. and 7 A.M. No child under 14 shall be hired for any mendicant, acrobatic, dangerous, or immoral occupation. No Sunday labour.

SUFFRAGE, POLITICAL CONDITION, INDUSTRIAL, AND PROFESSIONAL STATUS: No suffrage. 37 women in ministry, 1 dentist, 12 journalists, 7 lawyers, 32 doctors, 20 professors, 19 saloon keepers, 13 commercial travellers, 9 carpenters, etc.

Washington

AGE OF LEGAL CONSENT: 18.

POPULATION: Male 304,178; female 213,925.

HUSBAND AND WIFE: Wife controls own earnings and controls separate estate; but control of community property is vested absolutely in the husband; this includes everything acquired after marriage by the joint or separate efforts of either. Husband and wife have equal rights of inheritance to one another's estate; but are not equal guardians of the children, as husband can exclude wife by will. Support of the family is chargeable upon the property of both husband or wife, or either of them. No dower or curtesy.

DIVORCE: Absolute for any cause deemed by court sufficient, when court is satisfied that parties can no longer live together, fraudulent contract, adultery, impotence, desertion for one year, cruel treatment, habitual drunkenness, neglect to provide, imprisonment.

No limited divorce.

LABOUR LAWS: No female may be employed in a mine. Every profession and occupation open to women, but they may not hold public office. No Sunday labour. Females shall not be employed in any place where liquor is sold. Seats must be provided for female employees. Hours limited to ten. No child under 14 shall labour in factory, mill, or workshop except at discretion of juvenile judge. Children must go to school between 8 and 15.

SUFFRAGE, POLITICAL CONDITION, INDUSTRIAL AND PROFESSIONAL STATUS: Women have school and bond suffrage, but cannot vote for State or county superintendents. 38 women in ministry, 7 dentists, 13 journalists, 13 lawyers, 62 doctors, 3 professors, 8 saloon keepers, 1 banker, 8 commercial travellers, etc.

West Virginia

AGE OF LEGAL CONSENT: 14.

POPULATION: Male 499,242; female 459,558.

HUSBAND AND WIFE: Wife controls own earnings, but cannot sell or encumber her separate property without husband's consent. Husband is legal guardian and must provide. Dower and curtesy prevail.

DIVORCE: Absolute for adultery, impotence, imprisonment in penitentiary, conviction of an infamous offence before marriage, desertion for three years, pregnancy of wife at time of marriage or prostitution before without knowledge of husband, in favour of wife when husband was notoriously a licentious person before marriage without her knowledge.

Limited for cruelty, reasonable apprehension of bodily hurt, desertion, habitual drunkenness.

LABOUR LAWS: No Sunday labour. No child under 12 may work in factory or mill and no child under 14 shall be employed during school session. No child under 15 may be employed in any mendicant, acrobatic, immoral, or dangerous occupation, nor in any place where liquor is sold. Seats must be provided for female employees. No female may work in mine.

SUFFRAGE, POLITICAL CONDITION, INDUSTRIAL AND PROFESSIONAL STATUS: No suffrage. Women cannot be notaries. 26 women in ministry, 4 dentists, 4 journalists, 4 lawyers, 18 doctors, 4 professors, 9 saloon keepers, 2 bankers, 3 commercial travellers, 2 carpenters, etc.

Wisconsin

AGE OF LEGAL CONSENT: 18.

POPULATION: Male 1,067,562; female 1,001,480.

HUSBAND AND WIFE: Wife controls own earnings. Assignment of wages of husband must have wife's written consent. Wife controls separate property absolutely. Dower and curtesy prevail. Husband is guardian of children and must provide.

DIVORCE: Absolute for impotence, adultery, sentence to imprisonment for three years prior to marriage. Limited or absolute for desertion for one year, cruelty, habitual drunkenness, neglect to provide, conduct of husband rendering it improper or unsafe for wife to live with him.

LABOUR LAWS: Female labour confined to eight hours per day. No child under 14 may work in factory, workshop, bowling alley, or mine. Children between 14 and 16 must get permission from juvenile judge. No child under 16 shall be employed on dangerous machinery. None under 14 shall take part in theatrical or circus exhibition as musician unless accompanied on tours by parent or guardian. Authorities shall in all cases determine whether occupation is dangerous or immoral for children under 14. No Sunday labour.

SUFFRAGE, POLITICAL CONDITION, INDUSTRIAL AND PROFESSIONAL STATUS: Women have school suffrage. They may be notaries. 65 women in ministry, 24 dentists, 32 journalists, 23 lawyers, 154 doctors, 12 professors, 143 saloon keepers, 2 bankers, 27 commercial travellers, 9 carpenters, etc.

Wyoming

AGE OF LEGAL CONSENT: 21.

POPULATION: Male 58,184; female 34,347.

HUSBAND AND WIFE: Wife controls own earnings and separate property absolutely. Neither dower nor curtesy prevail. Husband and wife have same rights of mutual inheritance. Husband is legal guardian of children, but there is no penalty if he does not provide.

DIVORCE: Absolute for adultery, impotence, conviction for felony, desertion for one year, habitual drunkenness, extreme cruelty, neglect to provide for one year, intolerable indignities, vagrancy of husband, conviction of felony prior to marriage unknown to other party, pregnancy of wife at time of marriage unknown to husband.

No limited divorce.

LABOUR LAWS: No female shall work in mine. Acrobatic, mendicant, dangerous, or immoral occupations forbidden to children under 14. No Sunday labour. Seats must be provided for female employees.

SUFFRAGE, POLITICAL CONDITION, INDUSTRIAL AND PROFESSIONAL STATUS: Full suffrage. Women are eligible for all offices. 2 women in ministry, 2 journalists, 12 doctors, 1 professor, no saloon keepers, lawyers, or dentists, 2 carpenters, etc.

In studying these tables, it should be remembered that new laws are being made constantly; and that the census of 1910 will give figures which as soon as they appear must supersede those of 1900.

SOURCES:

I. The Statutes of the Several States, from earliest times to the present day. Published by Authority.

II. All newspapers and periodicals.

III. The Census Reports, especially the various separate reports such as that on "Marriage and Divorce"; and the Reports of the Commissioner of Labour.

IV. The History of Woman Suffrage: edited by Elizabeth Cady Stanton, Susan B. Anthony, Matilda Joslyn Gage, and Ida Husted Harper, 4 vols. [First two published by Fowler and Wells, New York, 1881 and 1882; last two by Susan B. Anthony, Rochester, 1887 and 1902.]

V. The Encyclopedia of Social Reforms: edited by William D.P. Bliss, with the Co-operation of many Specialists. Funk and Wagnalls, New York and London, 1898.

NOTES:

[410]

See, for example, the account in the New York Tribune, Sept. 8, 9, and 12, 1853, of what happened at the Women's Rights Convention at that time.

[411]

In 1900 there were 7399 female physicians and surgeons in the United States, and 808 female dentists.

[412]

In 1900 there were 1049 women lawyers in the United States. The above statements are from Bliss, Encyc., p. 1291.

[413]

In 1900 there were 3405 women clergy in the United States.

[414]

In 1900 there were 2193 women journalists in the United States. This does not, of course, include women reporters and the like.

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