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LIBRARY
OF THE
UNIVERSITY OF CALIFORNIA.
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STATES WITH QUERY; SUF.FF/A6£' AMENDMENTS PENDING.,
The
Political Status
of
Women
In the United States
A
Digest of the
Laws Concerning
in the Various States
Women
and Territories
Compiled by
Bertha
Member of
Rembaugh
the
With an
New
York Bar
Introduction by
Harriot Stanton Blatch
President of
The Women's
Political
Union
G. P. Putnam's Sons
New
York
and
London
ZTbe fmfcfterbocfter
press
1911
The accompanying
sion of the
map
is reprinted
Woman's Journal.
by permis-
COVYRIGHT,
igll
BY
THE WOMEN'S POLITICAL UNION
imicfeerbocfcer preee,
Hew
ffiorfc
Women's
Political
Union
Headquarters
46 East Twenty-Ninth
New
Street
York
Telephone, Madison Square 3043
EXECUTIVE BOARD
OFFICERS
Harriot Stanton Blatch
Nora Blatch de Forest
President
Elizabeth Ellsworth
Clara
Cook
Vice-President
Grymes
Florence Kelley
Marcia Townsend
Treasurer
Eunice Dana Brannan
Alice J.
Bertha
G. Perkins
Rembaugh
Chairman Finance Committee
Caroline
Elizabeth Selden Rogers
Lexow
Executive Secretary
Sarah Splint
228544
NOTE OF EXPLANATION
ON
January
20, 1910, the
Conference of Gover-
nors at their meeting at the National Capital
extended to a committee of The Women's Political
Union the privilege
of presenting to their honorable
the
body
following appeal
:
To THE CONFERENCE OF GOVERNORS:
"As one of the objects of your Conference is to establish in the separate states uniform legislation upon
those questions which seem to demand a national policy, yet in regard to which federal action is impossible
or inadvisable, we, a committee of women from the
State of New York, feel that it will not be out of place
to suggest that the political position of women in the
several states is a question worthy of your most earn-
This question, like the others with
which your Conference will deal, is not likely to be
settled nationally, but will, in the future as in the
past, be entirely a matter of State action.
"It is also a question which because of lack of uniest consideration.
formity in the electoral laws of the several states causes
discontent in a large body of our citizens.
No other
laws in the separate states stand in greater contrast
political rights of women.
"While in four states, Wyoming, Utah, Colorado,
and Idaho, women enjoy the exercise of electoral rights
than those dealing with the
which belong to
citizens in a republic, in other states
Note of Explanation
vi
they have no part whatsoever in the political life of
community in which they live.
"Between these extremes our states illustrate every
stage in political evolution from a complete sex aristo-
the
cracy to a free self-governing people. Between these
extremes there are states in which women have the
school vote, the tax vote, and (in Kansas) the municipal vote. This divergence causes constant unrest in our
women.
that
It
human
has been again and again demonstrated
beings will not rest satisfied under dis-
franchisement within a given boundary while their
fellows outside that boundary enjoy political freedom.
It causes, for instance, unrest for
York State
what
the
women
of
New
they work for
protective legislation for women and with what ease
similar laws are put on the statute books of Colorado.
"We urge, then, upon this Conference that the question of the political position of women in the separate
states be made one of the topics upon which the most
exhaustive information be gathered, to the end that
the enfranchisement of women be made the basis of a
full discussion at the next meeting of our Conference of
Governors.
11
Signed on behalf of The Women's Political Union.
to see with
little effect
"MAUD
CABOT, Chairman.
EUNICE DANA BRANNAN,
HARRIOT STANTON BLATCH."
Acting upon the suggestion of the final paragraph of this appeal, The Women's Political Union
made an exhaustive study and unbiassed summary
of the political position of
women
in every State
Note of Explanation
vii
The Conference of
of the Union.
Governors at Frankfort, Kentucky, in December,
1910, received a manuscript copy of this report
and Territory
and
their willingness to accept individthe Digest when issued in printed
of
a
ually
copy
form.
signified
THE WOMEN'S
46 E. 29th
St.,
NEW YORK,
August, 1 91 1.
POLITICAL UNION.
N. Y.
INTRODUCTION
Women's
Political
Union has in the
publi-
THEcation of this volume and the presentation of
to the Conference of Governors at Spring Lake,
New Jersey, fulfilled the undertaking to place in
it
the hands of the chief executive of each State a
concise report of the political status of
the United States.
women
in
This report gives expression to no opinions;
is but an abridged citation of laws regulating
the political rights of women presented state
it
by
state in alphabetical order.
upon one fixed plan;
dealt with
Each
state
is
the situation
as to general suffrage is first given in the words
of the particular constitution, then follow the
constitutional and statutory regulations of special
and local suffrage, such as the municipal, school,
and tax votes, with court decisions defining the
political position of women.
Finally, under each
caption, the office-holding rights, both appointive
and elective, are set forth. These facts bear out
what was said in general terms in the address
to the Conference of Governors presented by a
committee of the Women's
ix
Political
Union
in
x
Introduction
"our states illustrate every stage in
evolution from a complete sex aristo-
1910, that
political
cracy to a free, self-governing people."
Since our first appeal was made to the Con-
more state has been
added to the group of commonwealths which
have adopted in fact, and not merely in name, a
republican form of government. -The enfranference of Governors, one
chisement of
women
in
Washington in November,
1910, completes a chain of states reaching from
the Rocky Mountains to the Pacific Ocean in
which women are
politically free.
Situated on
the high altitudes of the Rockies, Wyoming was
the first state in our Union to adopt woman
suffrage.
It
had made a
trial of suffrage in its
days for over twenty years, when it
Union in 1890 with a Constitution
ensuring complete political equality between men
and women. Three years later, Colorado just
to the south of Wyoming enfranchised its women.
Utah bordering Colorado on the west, and Idaho
touching Utah on the north, followed the example
territorial
came
into the
of their sister state in 1896.
Then Washington,
having watched the experiments in democracy
across its eastern boundary, conferred full political
upon its women citizens.
Of the nine states forming the Rocky Mountain
and Pacific group, five have already enfranchised
their women.
Of the other four, Nevada has
rights
passed through the
first
stage the suffrage
amend-
Introduction
xi
to its Constitution, Oregon will submit the
question of woman suffrage to the voters in 1912,
ment
vote on a woman suffrage
constitutional amendment on October tenth of
and California
will
this year.
If
a comparison
is
made between
the sections
of the report dealing for instance with Colorado
and Massachusetts, it will be clear to what complications the disfranchisement of a class of adult
As a civic sense develops in a
citizens leads.
people, even the disfranchised begin to demand
opportunity for service to the community. There
has to come a response to this demand, and a
wider and wider field of political expression has
to be granted. And so long as the simple step
of doing full justice
is
not taken, each partial
advance brings about complication and litigation.
Seven protracted lawsuits occurred in Washington
while women had only partial suffrage,
merely to determine whether under the particular
State
political
women
limitations
it
was
to vote for a given
offices.
The pages
of
constitutional
officer,
this
digest
dotted over with indications that
for
or hold certain
of laws
it is
are
impossible
to have
harmony in the exercise of civic duties
in a community where one half the citizens enjoy
full political freedom and the other half are in
leading strings. Nothing could have
been more admirable than the law in Ohio creating a board of women directors to manage
political
Introduction
xii
the women's department of workhouses.
result
was only
expensive
litigation;
But the
for
the
Ohio had long before written
Constitution a wise provision that no
one but an "elector" could be appointed to any
political people of
in their
office.
The American woman
Except
in five states,
is a political pariah.
she wanders insecure in
the possession of any privilege conferred upon
And as she passes from state to state her
her.
position changes without a basis of
reason or justice. She can vote on questions of
taxation in Louisiana, but is deprived of this
fundamental right to protect her property in-
political
terests in Missouri.
She is deemed intelligent
enough to vote on school questions which so
deeply concern her children in Illinois, but is
barred from any power in educational matters
in Indiana,
In Ohio she can vote for school
officers, but not on the question as to whether
there shall be a school or how much it shall cost.
Iowa reverses the matter and allows a woman
to express an opinion at the ballot-box on bond
issues, but she cannot elect school officers.
A
woman can be an attorney in Alabama but not
in Virginia; while she can be a
notary public in
but
not
in
Alabama. In many of the
Virginia
southern states women free-holders have the
right to petition for an election in regard to local
improvements or a
special school tax;
but having
Introduction
xiii
secured the election they cannot vote to help
determine the conclusion. In short, the political
position of women in the United States is a
chaos of contradictions.
It is hoped by the Women's Political Union
that the Conference of Governors will feel that
one of their duties should be to bring unity into
this conflict of divergent political ideas. In such
an endeavor to harmonize the political status of
women in the different states, it should ever be
borne in mind that our nation is a federation
under a Constitution which guarantees to the
people of each separate state a republican form
of government.
Because of that guarantee it
is expedient and it is wise to appeal from the
medievalism of the Constitution of Georgia which
declares, "Females are not entitled to the privilege of the elective franchise; nor can they
hold any
"
tions,
civil office
to the
or perform any civil func-
modern Constitution
of
Wyoming,
"Since equality in the enjoyment of natural and
civil rights is
equality,
political
shall
made
the laws
rights
sure only through political
this state affecting the
of
and
privileges
of
its
citizens
be without distinction of race, color or sex."
HARRIOT STANTON BLATCH.
September,
DIGEST OF THE LAWS BEARING ON THE
POLITICAL STATUS OF
WOMEN
ALABAMA
GENERAL STATE SUFFRAGE. Women have no
form of state wide suffrage, the qualifications of
electors being as follows: Constitution of 1901,
and every
Sec. 177.
"Every male citizen
.
male resident of foreign birth (who
clared his intention to
be an
..."
become a
The
.
.
shall
citizen)
.
have de.
.
shall
Code, Sec.
290, re-enacts Constitution, Sec. 177, in terms, adding certain residential qualifications but confining
elector.
suffrage to males.
known
Political
Constitution, Sec. 181, Subdiv.
as the "grandfather clause,"
2, generally
giving the property qualifications necessary in the
alternative for registration, admits to registration
the husband of a
land,
other
real
woman owning
estate
property worth $300.
tution
is
forty acres of
worth $300, or personal
This section of the Consti-
re-enacted in the Political Code, Sec. 312.
SPECIAL OR LOCAL SUFFRAGE. Women have no
form of special suffrage, the qualifications for the
principal forms of such suffrage being as follows
I
B ond issues of city,
Taxation and bond issue
:
.
.
county, town, village, or district are to be authorized by a majority of the "qualified voters" under
the Constitution. Constitution, Sec. 222.
3
Political Status of
4
Women
Extra taxation in certain cities must be authorby a vote of the "qualified voters." Consti-
ized
tution, Sec. 216.
School tax imposed by the "qualified electors of
the county." Constitution, Sec. 269.
"
quali(N. #. The words "qualified voter" or
fied elector" used in any State statute are held to
mean
electors as defined
State, unless
by the Constitution
something to the contrary
is
of the
expressly
said.)
Election on a question of
be held on the petition of one
Local option.
2.
local option must
fourth of the "qualified voters of the county.
"-
Code, Sec. 492.
Election on a question of establishment of dispensary must be held on petition of one fifth of
Political
the "qualified voters of the county."
Code, Sec. 228.
3.
School.
District
trustees
elected
Political
by the
qualified voters of the district from the "freeholders and householders who can read and write. "Political
Code, Sec. 1097.
OFFICE-HOLDING. Women hold no office, but it
would not require a Constitutional amendment to
make them eligible, as the prohibition is not contained in the Constitution.
'Persons
who
for holding office
.
.
.
are ineligible to
and
disqualified
this State.
under the authority of
Those who are not
qualified electors, except
Arizona
as otherwise provided.
Among
offices
"
5
Political
Code, Sec. 1467.
covered by this section are
all
mentioned in the Constitution; deputy
officers, such as deputy sheriffs (White vs. State, 44
Ala. 409; Andrews vs. State, 78 Id. 483), notaries
public (Governor vs. Girden, 15 Ala. 72). Those
not included are (i) attorneys (In re Dorsey, 7
The
Port. 298, Pinkard vs. Allen, 75 Ala. 73).
those
Civil Code, Sec. 2975, declares that "Any person,
being a citizen of this State, a resident of this state
...
"'
may be an attorney; (2) enrolling clerk
of legislature (State vs. Gardner, 43 Ala. 234).
ARIZONA
GENERAL STATE SUFFRAGE.
The Organic Law (Act of Congress)
serves the
Territory of Arizona in place of a constitution.
Sec. 28 of that law sets forth "At all subsequent
elections (after the first territorial election)
the qualification of voters and of office-holding
.
shall
be such as
may
be prescribed by the
.
.
legisla-
assembly of each territory, subject, nevertheless, to the following restrictions on the power of
tive
the legislative assembly, namely
First the right
of suffrage and of holding office shall be exercised
only by citizens of the United States above the
:
age of twenty-one years and by those above that
their intenage who have declared on oath
.
.
.
6
Political Status of
tion
to
become such."
Women
Under
power the
this
legislature has prescribed for suffrage' as follows
"Every male citizen of the United States and
:
every male citizen of Mexico who shall have
declared his intention to become a citizen
shall
be entitled to vote"
residence
qualifications.
-
.
.
.
.
.
to certain
subject
Political
.
Code,
Sec.
2282.
SPECIAL SUFFRAGE.
Women
have school suffrage.
Civil Code, Sec. 2178. "Every person, male or female, of the age of twenty-one years,
who is a citizen of the United States
and who
1.
School.
.
is
.
.
the parent or guardian of a child of school age
residing in the district, or who has paid a territorial
or county school tax ... is eligible to be elected
to the office of trustee
at
any school
and
shall
district election,
be entitled to vote
provided that every
woman
offering to vote at such election (who is
otherwise qualified under this section) and whose
was a citizen of the United
be treated and considered as a citizen
husband or father
States, shall
is
or
of the United States for the purpose of voting at
such election." This includes cities as well as
country districts.
Question of the establishment of a high school to
be decided by the vote of the qualified electors of
the school
2.
district.
Sec. 2218.
Taxation and bond issue.
Sees. 2182
and 2185.
Cf.
Civ. Code,
Arizona
7
The attempt to give
municipal suffrage was declared
unconstitutional in its then form.
3.
Municipal
taxpaying
suffrage.
women
Act. No. 76 of
Laws
of 1897 (Sec. 508 of Civ.
At any city election every taxpayer shall
Code)
be entitled to vote without discrimination of sex,
' '
.
but nothing herein shall be construed as abridging
the right of elective franchise possessed by any
"
Construed in Cronly vs. City of Tucson,
6 Ariz. 235, 56 Pac. 876. Held void in its entirety
as not limited to citizens over twenty-one as reperson.
quired by the Organic Law, Sec. 26, and not severable into valid and void provisions. The Court,
however, says that "subject to the restrictions of
1860 (Organic Act) that the right to vote should be
limited to citizens of the United States
above
the age of twenty-one years, the legislature of the
.
.
.
territory has the power to confer the elective franchise on females."
The
lows:
present law on municipal suffrage is as folone may vote at town elections who is
No
"not entitled to vote at the election of county
"
Civ. Code, Sec. 561
To entitle citizens
to vote on incorporation or disincorporation of
cities he must be a "male citizen" and a taxpayer.
officers.
.
"All county and precinct officers for whose election
... no other
provision is made by this title, shall
be elected at the general election in the year 1902
and every two years
1058.
thereafter.
(As the general election
"
is
Civ. Code, Sec.
governed by Po-
8
Political Status of
Women
Code, Sec. 2282, supra, this cuts women out
of county and town suffrage.)
The act of incorporation of cities of over $3,000,litical
ooo taxable values must be adopted by "the
Civ. Code, Sec.
legal voters who are taxpayers."
717.
Local option. Supervisor of county may call
4.
election of "qualified voters of said county" to
vote on this question. Civil Code, Sec. 3058.
OFFICE -HOLDING.
There
no general
is
tion against women in office.
Sec. 28, cited before.
No
Cf.
limita-
Organic Law,
person except a citizen of the United States
"shall be eligible to any office, employment or service in any public institution in the territory of
Arizona ... of any kind or character, whether by
election,
appointment
or
contract."
Political
Code, Sec. 196.
"Every officer must be twenty-one years of age
and a citizen of the United States." Political
Code, Sec. 195.
Officers treated of
governor, secretary
under this qualification are
of
the
territory,
:
territorial
superintendent of
public instruction, fish and game commissioner.
And it seems that women would, therefore, be
treasurer,
attorney-general,
eligible.
"The power
of
appointment to the
office of
no-
tary public shall include the right and power to
Arkansas
9
appoint females, who are over the age of twentywith the same conditions as are
one years
now by law applicable to the appointment of males
.
.
.
to such office."
Sec. 176.
"No
person not an elector shall be eligible to
Civ.
."
office under the provisions of this act
over
of
in
cities
$3,000,Code, Sec. 640. (Officers
.
.
ooo taxable value.)
All county officers shall be citizens and electors.
Civil Code, Sec. 1048.
The county supervisors "shall be qualified electors of their respective counties and shall be elected
at the general election."
Attorneys.
Sec. 963.
The word person used throughout
and no mention
of sex.
Civil Code, Sees.
391-
412.
"Board
have charge of high
of Education to
schools shall consist, in any union high school district of five trustees who shall be qualified electors
of the district.
"
Laws
of 1903, p. 59.
ARKANSAS
Women
GENERAL STATE SUFFRAGE.
state suffrage.
"Every male
States or male person
have no
United
citizen of the
who has
declared his inten-
shall be entitled
becoming a citizen
to vote at all elections of the people."
Constitu-
tion of
tion of 1874, Art. III., Sec.
.
i.
.
.
io
Political Status of
SPECIAL SUFFRAGE.
of petition in
Women
Women
possess
the right
two matters.
Local improvements. Petitions for local improvements. "Women married or single may sign
the petition, guardians may sign for their wards,
1
.
executors and administrators
tates
may
sign for the es-
by them."
represented
Statutes, Sec. 5717.
This
is
Kirby's Digest of
confined to property-
owning women. (Sec. 5665.)
"For the purposes of these acts
(i. e.,
local im-
provements), females as well as males are competent subscribers to the petition herein provided
for."
Sec. 5730.
Local option. Upon the petition of a majority of the adult inhabitants living within three
miles of a church or school house, the Court may
make an order refusing a license for two years or
2.
a counter-petition has been filed. Sec. 5129.
Construed to include women in Blackwell vs. State,
35 Ark. 178 (181).
Women have no form of school, bond, or tax
suffrage, all rights being confined to "the qualified
until
electors."
(Const., Art.
XIV., Sec.
3; Statutes,
Sec. 7696.).
OFFICE-HOLDING.
Women
cannot hold office.
be
elected
or appointed to fill
person
a vacancy in any office who does not possess the
"No
shall
Constitution, Art.
qualifications of an elector."
Sec. 3.
Except as above there is no qualifi-
XIX.,
California
11
cation for any State officer saving that the governor
be a citizen of the United States thirty years
shall
of age.
Justice of the Peace "shall be a qualified
Noelector."
Constitution, Art. VII., Sec. 41.
"
citizens of the County for
taries Public shall be
which they are appointed." Statutes, Sec. 5743.
"
Every male citizen" may upon application be
admitted to the bar. Sec. 441 (Attorney).
"
Juror must be "an elector and citizen of county.
Ch. 89 on State Institutions contains
Sec. 4490.
no provision or prohibition of women on boards of
trustees.
CALIFORNIA
GENERAL
SUFFRAGE.
Women
have no
state
suffrage.
"Every native male
citizen of the United States,
male
who
shall have acquired the
every
person
of
under
or by virtue of the
rights
citizenship
Treaty of Queretaro, and every male naturalized
citizen
shall be entitled to vote at all elec.
tions.
cal
Art.
.
.
"Constitution, Art.
Code, Sec.
II.,
Sec.
II.,
Sec.
i.
The
Politi-
1083, re-enacts the Constitution,
The Political Code,
i, in terms.
"The people as a political body
Of citizens who are electors. 2. Of
Sec. 50:
consist:
i.
citizens
not electors."
12
Political Status of
Neither
Amendments XV. nor XIV. of the FedVan Valkenburg
Constitution protect sex.
eral
vs.
Women
Brown, 43 Cal. 43.
Women
SPECIAL SUFFRAGE.
have no special
suf-
frage.
1
Municipal election on questions submitted to
the people and for officers. "Every person who
was a qualified elector at the general state election
next preceding
shall be entitled to vote at
.
.
.
said election."
.
Political
Code, Sec. 1120.
Election of school trustees.
2.
' '
Every elector,
resident of the school district, who is a qualified
elector of the county," shall be qualified to vote
for school trustee.
Political
Women
OFFICE-HOLDING.
Code, Sec. 1598.
hold no
elective offices
except school offices.
"Every
he
an
elector
is eligible
to the office for which
except where otherwise speciand
no person is eligible who is not
fically provided;
such an elector except when otherwise specifically
is
elector,
provided. "Political Code, Sec. 58.
(7. e.,
there
apparently no limit on persons holding office by
appointment except that contained in Sees. 841
is
and 842
following.)
"No
who
person is capable of holding a civil office
at the time of his election or appointment is
not of the age of twenty-one years and a citizen of
this state.
"
Sec. 841.
Qualifications for particu-
California
lar offices are to
each
13
be contained in the sections on
Sec. 842.
office.
and residence are the only express
qualifications^or the'following offices Senators and
Citizenship
:
Art.
assemblymen
(Constitution,
(Constitution, Art. V.,
IV.,
Sec.
Sec.
4),
governor
tenant-governor (Constitution, Art. V., Sec.
secretary
of
state,
comptroller,
torney-general, surveyor-general
Art. V., Sec. 17).
treasurer,
4),
lieu15),
at-
(Constitution,
Women over the age of twentyone years who are citizens of the United States and
of this state shall be eligible to all educational offices within the state except those from which they
I
.
Education.
are excluded
' '
by the Constitution."
Act of Mar.,
The only sections
1874, Stat. 1873, p. 356, Sec. i.
of the Constitution bearing on educational appointments
are: Art. IX., Sec. 2.
"A
superintendent
of public instruction shall, at each gubernatorial
election ... be elected by the qualified voters of
"A superintendent of schools
the State"; Sec. 3.
for each county shall be elected by the qualified
State Board of Education is
electors"; Sec. 7.
to be composed of the governor, superintendent of
public instruction, president of the University of
California, professor of pedagogy therein,
principals of the state normal schools.
and the
Statutes 1873-4, p. 938. Female teachers to resame pay as male. (Gen. Laws, Act 3575.)
No person is eligible to county, township, or dis-
ceive
Political Status of
14
trict office
election.
Women
who is not an elector at the time of his
"Provided that any woman who is of
the age of twenty-one years or over, a citizen of the
state and a resident of the county or district, shall
be
eligible to the office of
superintendent of public
school
or
trustee
member of the county
schools,
board of education." Political Code, Sec. 4023.
2.
Civil rights.-
"No
of sex be disqualified
person shall on account
from entering upon or pursu-
ing any lawful business, vocation or profession.
Constitution, Art. XX., Sec. 18.
"-
3.
Offices, miscellaneous.
"Every person appointed as a notary public must, at the time of appointment, be a citizen of the United States and of
this state,
resided in
is
made
cations
and twenty-one years of age must have
the county for which the appointment
;
months. Women having these qualifimay be appointed." Political Code, Sec.
six
792.
"Any citizen or person resident in this state, who
has bona fide declared his or her intention to become
a citizen in the manner required by law ... is
entitled to admission as attorney
in all the courts of this state."
and counsellor
Code of Civil
Procedure, Sec. 275.
Qualified women must be admitted to the HastFoltz vs. Hoge, 54 Cal. 28.
ings Law School.
Jail matrons to be appointed in cities of ten
thousand or more inhabitants.
2775.
Gen. Laws, Sec.
Colorado
15
Directors of state institutions appointed by governor no qualifications. Political Code, Sec. 368.
(Same
Sec. 2147.)
COLORADO
GENERAL STATE SUFFRAGE.
Women
have com-
plete political equality.
"Every person over the age
of twenty-one years
possessing the following qualifications shall be enHe or she shall be a
titled to vote at all elections.
citizen of the
United States"
tain residence qualifications.
VII., Sec. i.
"The
thereof,
.
.
.
and have
cer-
Constitution, Art.
general assembly shall at the first session
at any subsequent session enact
and may
laws to extend the rights of suffrage to women of
lawful age and otherwise qualified according to the
Sec. 2.
provisions of this Article."
Revised Statutes of 1908, Sec. 2146, re-enacts
Constitution, Art. VII., Sec. i, in terms.
"That every female person shall be entitled to
vote at all elections, in the same manner in all respects as male persons are or shall be entitled to
vote by the Constitution and laws of this State,
and the same qualifications as to age, citizenship
and time
ward and
quired
of residence in the State, county, city,
precinct, and all other qualifications reto entitle male persons to vote shall
by law
1
6
Political Status of
be required to
Women
entitle female persons to vote."
Sec. 2147.
Women may
hold any office.
a
qualified elector shall be
person except
elected or appointed to any civil or military office
OFFICE-HOLDING.
"No
Constitution, Art. VII., Sec. 6.
be eligible to any county office
"
Art. XIV.,
unless he shall be a qualified elector.
in this State."
"No person
shall
Sec. 10.
"Every
any office
qualified elector shall be eligible to hold
of this State for which he is an elector,
"
except as otherwise provided by the Constitution.
Revised Stat., Sec. 2150. (Refers to age qualifications, etc.)
CONNECTICUT
GENERAL SUFFRAGE.
Women
have
no
State
the qualifications for general electors
as
follows
being
Constitution of 1818, Art. VI., Sec. I. "Every
white male citizen of the United States ... is a
suffrage,
:
(Subject to property, residence and
character qualifications.)
Amendment VIII. (1845) dropped property
voter."
qualifications.
Amendment
qualifications.
XL
(1855)
added
educational
Connecticut
Amendment
XXIII.
dropped
17
the
word
"white."
General Statutes, Revision of 1902, Sec. 1593.
"
Electors are
every male citizen of the United
States" subject to residence, educational, and
character qualifications.
SPECIAL SUFFRAGE.
suffrage extended to
The only form
women
of limited
the school suffrage,
and the related suffrage on library matters*
i.
School suffrage.
"Every woman who shall
is
have attained the age of twenty-one years, who
shall be a citizen of this state or of the United
States and who shall have resided in the state one
year and in the town six months, and can read the
English language, shall, after having been duly
admitted, have the right to vote for any officer .of
schools and directors of public libraries, and upon
any question relating to education, or to schools or
to public libraries."
General Statutes, Sec. 1629,
as amended by the Laws of 1909, ch. 96.
There shall be separate "to be made" lists of
women "by whom
or in whose behalf the claim
is
made
to either registrar that they will be entitled
to vote for school officers, and on questions relating
to education and schools."
Sec. 1616.
(N. B.
about to
Lists
"
to be
made "
are those of persons
become eligible to vote.)
Selectmen and town clerk admit from women's
"to be made" list at the same time that other
1
8
Political Status of
Women
admitted from "to be made"
electors
lists.
1630.
Sec. 1631 provides for separate lists of
voters;
Sec.
women
and
1
66 1 for separate ballot-boxes.
"Those women whose names appear
Sec. 1799:
upon the
titled to
school
Sec.
registry
vote at
list
women
of
voters shall be en-
any meeting held for choosing
or upon any matter relating to
officers
education or schools."
Local option.
2.
Petition for election
and
elec-
"
"legal voters, but taxpayers
may appeal from the granting or refusing an individual license.
Sec. 2638, 2660.
tion itself
is
to be
Municipal
3.
by
suffrage.
By
Constitution, Art.
X., Sec. 32, the form of town government is provided and town officers and elections therefore are
constitutional
and come under the limitation
of
Article VI.
OFFICE-HOLDING.
women can hold
minor
It is
a mooted question whether
office in
Connecticut, though some
offices are
opened by statutes.
"Every elector shall be eligible to any
this state except in cases
office in
provided for in this Con-
Constitution, Art. VI., Sec. 3.
person who is not an elector of this state
stitution."
"No
shall
Sec.
be eligible" for governor.
i.
No
Amendment
IV.,
further qualifications for lieutenant-
governor, secretary, treasurer, controller, sheriff,
Connecticut
19
are in the Constitution except that in Art. VI., Sec.
31.
Educational
offices.
ineligible to serve as
a
"No
member
person shall be
of a board of ed-
ucation, board of school visitors, town school committee, or district committee, or disqualified from
holding such office by reason of sex." General
Stat., Sec. 2115.
(Query: Constitutionality of this in view of
Constitution, Art. VI., Sec. 3, there being nothing
to confine Constitution, Art. VI., Sec.
tutional offices.)
2
Town clerk,
.
disqualified
town
' '
etc.
3,
to consti-
No person shall be deemed
from holding the
offices
of assistant
clerk, registrar of births, deaths,
and marand
riages, or assistant registrar of births, deaths,
marriages,
by reason
of sex."
Sec. 1846.
The State Board of Charities
3.
consists of "five members of whom three shall be
men and two women." Sec. 2857.
The Board of Education of the Blind is composed
State boards.
of four persons, the governor, chief justice,
man and one woman
and one
appointed by the governor.
Sec. 2206.
Court may admit as attorneys
4.
Attorneys.
"such persons as are qualified therefor." Sec.
Women are admissible under this section.
458.
(In re Hall, 50 Conn. 131.)
Commissioners of the Supreme Court. The
5.
Court may appoint "any number of persons."
20
Women
Political Status of
This
Sec. 461.
is
held to include
women.
(In re
Hall, supra.)
6.
(Note that in the
a
Governor
Notaries public.
convenient number.
may
appoint a
Sec. 69.
last election,
November, 1910,
woman ran for secretary of state upon one
of the
and although her eligibility was questioned her name was not removed from the ticket.)
party tickets
DELAWARE
Women
GENERAL STATE SUFFRAGE.
form
have
no
of State suffrage.
Constitution, Art. IV., Sec.
I
:
"Every
free white
enjoy the rights of an
"No idiot, or insane person, pauper or
elector."
person convicted of a crime ... shall enjoy the
male
citizen
right of
.
.
.
shall
an elector."
General Election Law, v. 19, ch. 38, Laws of
"
In all elections for GoverDelaware, Sec. i:
nors, Senators, Representatives, Sheriffs, Coroners,
or any other county or state officers, of Represen-
tatives in Congress or of electors of President and
Vice-President, every male citizen
(subject
shall ento age, residence and tax restriction)
.
.
joy the right of an elector.
Ch. 36,
v. 21, 1898-9.
.
.
.
.
'
.
.
.
"Provided every appli-
cant for registration shall upon payment of the
Delaware
21
registration fee be held and considered a qualified
voter if he be a male citizen of the State. ..."
SPECIAL OR LOCAL SUFFRAGE.
Women
have a
limited school suffrage, full suffrage in library
matters, and in some places limited municipal
suffrage.
1.
School.
Schools Law.
"At any
Ch. 122,
Method
election held
24 (1907) of Free
vol.
Sec. 3.
the provisions of this
of raising
under
money.
act each person who would have had the right to
vote at the regular school election of the district
next preceding such special election and also every
female resident seized of an estate of freehold
situated in said district, shall have a right to cast
one vote for every dollar and fractional part of a
dollar of school tax assessed for the year in which
such election is held against him or her respecThis applies only to elections on the
tively."
question of raising
election is
money
governed by the
the ordinary school
following section.
residing within the district and
the
to
vote for representatives in the
having
right
general assembly (and having paid his school tax
for the preceding year) shall be a school voter of
"Every person
Ch. 42 of Free Schools, Sec. 3.
Local option. Constitution, Art. XIV., Sec.
2, requires submission of the question of local option to the vote of "qualified electors" on petition
said district."
2.
of
members of assembly of that
district.
Political Status of
22
Women
Libraries.
Ch. 136 of vol. 22 (1901) Sec. 8.
3.
Vote on establishment of libraries. "All persons
entitled to vote at the regular town election
shall be entitled to vote on such questions, and in
.
.
.
addition all female persons over the age of twentyone years
(who have three months' residence
shall be entitled
and have paid a town tax)
to vote at said election as to the establishment of a
.
.
.
.
.
.
and thereafter at any town election at
which members of the Town Library Commission
shall be elected as hereinafter provided, all female
free library,
persons over the age of twenty-one years
shall, in addition to all other persons entitled to
.
.
.
vote at said election, be entitled to vote at said
election
for
members
of
said
Town
Library
Commission but such female person shall vote
upon no other questions and for no other official
at any town election, except as they now are
and hereafter may be, authorized so to do by
The term
particular charter or general laws.
this Act
used
in
electors' whenever
'qualified
shall be deemed to embrace and include such
male persons."
District Library Commission must submit question of raising money to qualified voters of library
district at regular meeting.
Ch. 106 of 1909, vol.
25, sec. 18.
4.
Women
Newark, and
vote on tax propositions in Milford,
several other towns by town charter.
(Cf. vol. 23, ch. 169, p. 282.)
Delaware
23
no general prohibition against women in office, and no general requirement that officers be electors, but women do
There
OFFICE-HOLDING.
is
not hold office as a fact. The requirements for
the various offices are as follows
:
and inhabitant.
For Senator,
(Constitution, Art. II., Sec. 2.)
For
freeholder, citizen, and inhabitant. (Sec. 3.)
For
and
inhabitant.
citizen
Governor,
(Sec. 4.)
various Public Boards and Charity Commissions,
appointed by the Governor, there are no qualifications given.
There are women officers in the
Industrial School for Girls which was incorporated
For Attorby women. Laws, ch. 637, vol. 19.
"There may be a competent number of
neys,
persons, of an honest disposition and learned in the
For Representative,
law, admitted
practice
as
citizen
by the judges
attorneys
vol. 14, sec. 6.
of respective courts to
therein."
Laws, ch. 92,
(Women were
refused admission
The Governor appoints county superintendents of schools, who shall be "persons" "of
in 1900.)
good moral character and well qualified for such
office."
Laws, ch. 67, vol. 18, sec. 2. Notaries
Public are appointed by the Governor, no qualifications being given.
Laws, ch. 36, sec. i. "All
persons qualified to vote at the general election
shall be liable to serve as jurors."
Laws, ch. 109,
must be freeholders and inXVII. sec. 2.
Laws,
On the Public Libraries Commission "No person
vol.
14.
habitants.
Assessors
ch.
,
Political Status of
24
shall
be
Women
by reason of
sec. n, 1903.
ineligible to serve
Laws, ch. 136,
vol. 22,
sex
"
.
.
.
FLORIDA
Women
GENERAL SUFFRAGE.
State suffrage.
Const. Art. VI., Sec.
have no form of
' '
Every male person of
the age of twenty-one years and upwards
shall be deemed a qualified elector at all elections
I
,
.
.
.
.
under this Constitution" if a citizen or a person
who has declared his intention to become one.
General Statutes of 1906, Sec. 170, re-enacts Const.
i, in terms, and further excludes persons
unregistered, under guardianship, insane, felons,
VI., Sec.
etc.
Women
SPECIAL SUFFRAGE.
special suffrage.
1.
Schools.
Special
school
have no form of
tax districts are
organized on petition of "taxpaying electors."
"All qualified voters
(Gen. Stat., Sec. 399.)
tax
shall
be entitled to vote"
that pay
.
.
.
.
.
.
in such district elections.
2.
Local
option.
local option are held
"
(Sec. 405.)
on questions of
on application of one fourth
Elections
registered voters" of county.
XIX., Sec. i.)
of
(Const., Art.
Florida
3.
Municipal
25
Electors of the munici-
suffrage.
pality are the same as those at the general election
except as to residence qualifications. (Gen. Stat.,
Sec. 1010.)
OFFICE-HOLDING.
Women
hold
no
office
ex-
cept that of notaries public, although there is no
general provision in the laws or Constitution con-
and only
few individual
instances is such a qualification mentioned. For
instance, senators and representatives must be
fining office to electors,
' '
' '
duly qualified electors.
in a
(Constitution, Art. III.
,
Sec. 4.)
The governor must be a "duly qualified elector"
Grand and petit jurors must be
(Art. IV., Sec. 3).
"male persons over the age
of twenty-one years."
(Gen. Stat., Sec. 1570.) "Women over twenty-one
years of age are hereby declared to be eligible to
appointment by the governor as notaries public,
and to hold and exercise the office thereof upon the
same terms and conditions, with the same powers
and emoluments, as notaries now appointed by the
governor." (General Stat., Sec. 303.)
In the statute dealing with attorneys-at-law there
is
no express exclusion or inclusion
of
women.
(General Stat., Sec. 1349.)
State Board of Control consists of "five of the
most capable and
efficient
citizens."
1905, ch. 5384, Co-ordinating State
Institutions, Sec. 14.)
(Laws of
Educational
26
Political Status of
Women
GEORGIA
GENERAL STATE SUFFRAGE.
Georgia
is
the only
state that in express terms and by name forbids
women to exercise any political rights.
"Every male citizen of the United States
be deemed an elector." Subject to certain
residence and taxpaying restrictions.
Const.,
Art. II., Sec. 2.
"Females are not entitled to the
.
.
.
shall
privilege of the elective franchise; nor can they
hold any
civil office or perform any civil functions,
unless specially authorized by law; nor are they
required to discharge any military, jury, police,
patrol or road duty. Provided nothing contained
herein shall prevent a woman, a resident of the
state for four years and who has attained the age
of twenty-one years, from being eligible to the
position or office of state librarian by appoint-
ment by the governor under the provisions of force
"
Code
regulating appointments by the governor.
of Georgia, vol.
ii.,
Sec. 1810.
(Last section added
Sec. 6155.)
"Qualification of voters for
by Supplement,
members
of the
contained in the following
section of the Constitution of the State, to wit:"
general assembly
is
(quotes Const., Art. II., Sec. 2)
"Persons qualified to vote for
general assembly,
and none
Code, Sec. 32.
members of the
others,
are
quali-
vote for other officers, civil or military,
said
unless
privileges be enlarged or restricted by
fied to
27
Georgia
the Constitution or
some
special
enactment."
Sec. 33.
SPECIAL OR LOCAL SUFFRAGE. There is practically no limited suffrage in Georgia, school and
many officers
being appointed.
(Civil Code, Sees.
I338-54.)
For debt incurring suffrage, etc., cf. Laws of 1904,
Act 610; Laws of 1905, Act 159.
Laws of 1905, Act 132, Sec. 2: "Majority of
the freeholders" of a district may petition for an
election putting stock law in force.
OFFICE-HOLDING.
1.
Women
hold no public office except state
(Cf. Code, vol. ii., sec. 1810, supra.)
librarian.
2
.
A ttorneys.
character,
law
...
' '
is
in this State.
"
Any male citizen, of good moral
entitled to plead
(Sec. 4398.)
and
practise
"Any male
per-
son desiring to become a member of the bar of this
State"
may make application (Sec. 6305,
Amendments of 1901). "All male persons who
.
.
.
have successfully passed" the examinations are
admitted to the bar. (Sec. 6309.)
3.
Physicians. The law regulating the examination for applicant as physician at State Lunatic
Asylum reads: "Such competitive examinations
be open to all physicians in good standing
whether men or women
It is
."
(Sec. 6511).
mandatory that a woman be appointed to the first
will
.
.
28
Political Status of
Women
vacancy, "as it is the purpose of this act to have at
least one woman physician as assistant physician
at said asylum."
And further, the
(Sec. 6513.)
woman
physician must be assigned duty "in the
her profession." (Sec. 6514.)
line of
4.
County
officers.
County
officers
must be
and qualified voters elected by qualified
(Constitution, Art. XII., Sec. 2; SuppleIn White vs. Clements, 39 Ga.
ment, Sec. 6125.)
residents
voters.
a dictum holding that women and
minors would be eligible to some offices, i. e., those
not denied by Constitution nor mentioned in
266, there
is
it.
IDAHO
GENERAL STATE SUFFRAGE.
One
of the full suf-
frage States.
Const., Art. VI., Sec. 2.
"Except as in this
article otherwise provided every male or female
citizen of the United States, twenty-one years old
.
.
(subject to certain residence and registration provisions) ... is a qualified elector; and
until otherwise provided by the legislature, women
.
who have
cle
may
the qualifications prescribed in this articontinue to hold such school offices and
vote at such school elections as provided by the laws
of
Idaho Territory.
"
(1895.)
Idaho
29
Const., Art. VI., Sec. 4: Disqualifies for voting,
jury duty, and
office:
persons under guardianship,
insane, felons or convicts, bribe-takers, prisoners,
polygamists, Chinese descent, and Indians.
Sec. 4.
Legislature
may
additional
prescribe
qualifications for voting.
SPECIAL OR LOCAL SUFFRAGE. School elections
district trustees
conducted as county elecIf on bond issue, only freeholders or heads
tion.
of families vote.
Revised Codes, Sec. 622.
for
OFFICE-HOLDING.
Women
hold
though the question of their
raised under Const., Art. VI.,
"No
all
offices,
eligibility
al-
has been
2.
disqualification to hold office
on account
of
sex which
may exist under this section, can be
raised in a proceeding instituted after the wrongful
removal of the officer, to compel her to deliver the
papers of the office to her alleged successor."
In
Village of Kendricks vs. Nelson, 89 Pac. 755.
a claimant tried to raise the question of
woman to the office of village
her
treasurer, holding
disqualified under Const.,
this case
the eligibility of a
Art. VI., Sec. 2.
"Every
any office
qualified elector shall be eligible to hold
of this State for which he is an elector,
except as otherwise provided
Revised Codes, Sec. 250.
by the
Constitution.
"
30
Women
Political Status of
ILLINOIS
Women
GENERAL STATE SUFFRAGE.
have
no
state suffrage.
"Every person having
resided in this state one
year, in the county ninety days,
and
in the election
district
thirty days next preceding
therein,
who was an elector in this state on the first
any
election
of April in the year of Our Lord 1848, or obtained a certificate of naturalization before any
day
court of record in this state prior to the first day of
January in the year of Our Lord 1870, or who shall
be a male citizen of the United States above the
age of twenty-one years, shall be entitled to vote
at such elections."
Kurd's Revised
Const., Art. VII., Sec.
Statutes,
p.
966,
sec.
Elections re-enacts Const., Art. VII., Sec.
SPECIAL OR LOCAL SUFFRAGE.
Women
much limited by
"Any woman of the
school suffrage,
i.
65
of
i.
have the
decisions.
School.
i.
age of twentyone years and upwards, belonging to either of the
classes mentioned in Art. VII. of the Constitution
of the State of Illinois, who shall have resided in
this state one year, in the county ninety days, and
in the election district thirty days next preceding
any election held for the purpose of choosing any
officer of schools
under the general or special school
laws of this State, shall be entitled to vote at such
elections in the school district of which she shall
Illinois
at the time
31
have been for thirty days a resident:
Provided any woman so desirous of voting at any
such election shall have been registered in the same
manner
voters."
as
is
provided for the registration of male
Rev. Stat., p. 1039, Elections, Sees. 332
and 333. (Laws 1891, p. 135. Sec. I.)
"Whenever the elections of public school officers
shall occur at the same election at which other
public officers are elected, the ballot offered by any
woman entitled to vote under this act shall not
contain the
name
of
any person to be voted
for at
such election, except such officers of public school,
and such ballots shall all be deposited in a separate
ballot box, but canvassed with other ballots cast
for school officers at such election."
Sec. 2.
Const., Art. VIII., Sec. 5.
County Superintendent of Schools. His qualifications and "manner
of election" to be prescribed by law.
(N. B. School officers are elected only in the
country
districts.
In Chicago no school
elected except university trustees.
The
officers
rest ap-
pointed by Mayor, etc. This materially limits the
apparent scope of the school suffrage law which is
again limited by the decisions which follow.)
People vs. Welsh, 70 111. 641 (1891). Act of 1891
authorizing women to vote for school officers does
not authorize them to vote on proposition to establish a township high school submitted at such
elections.
People vs. English, 139
111.
622 (1892). Act of
Political Status of
32
1891
is
Women
unconstitutional and void as far as
allow
attempts to
superintendent
of
women
to
That
schools.
is
county
a consti-
tutional office under Const., Art. VIII., Sec.
Plummer
it
vote for
5.
68 (1893).
Act of
to
vote
for
cannot
1891
give right
superintendent
vs. Yost, 144
111.
of public instruction (Const., Art. V., Sees. I and 3)
or county superintendent (Const., Art. VIII.
Sec. 5) but does for any other school officer.
,
,
Ackermann vs. Haenck, 147 111. 514 (1893).
Follows Plummer vs. Yost i.e., women may vote
for boards of education.
The sections construed
in the above cases are:
Const., Art. V., Sec.
Superintendent of public instruction
as a state officer.
I.
mentioned
Sec. 3. Elected every four years "at such place
in such place and in such manner as may be
"
prescribed by law.
and
2.
Municipal
suffrage.
Cities,
villages
and
towns, Revised Statutes, p. 341. Sec. 50. "All
persons entitled to vote at any general election
for state officers within any city or village, having
resided therein thirty days next preceding thereto,
"
may vote at any election for city or village officers
i.e.,
women
excluded.
The
constitution limits
rights of legislature to increase bonded debt of
Chicago without consent of "majority of the legal
voters of said city, voting on the questions at any
Also
election, general, municipal or special."
Illinois
33
right of legislature to add or decrease territory
of city without same consent.
Also makes referen-
dum
of
consent.
any law based on
same
No legal limitation on women's
OFFICE-HOLDING.
holding
this section to
Constitution, Art. IV., Sec. 34.
unless one can be spelled out in-
office,
directly in Rev. Stat., p. 1078; cf. infra,
cases as In re Bradwell.
"No person
elected or appointed to
civil or military, who
any
and such
shall
be
office in this state,
is not a citizen of the
United States, and who shall not have resided in
this state one year next preceding the election or
appointment." Constitution, Art. VII., Sec. 6.
Senator and representative must be "citizens
and residents." Const., Art. IV., Sec. 3. Governor and lieutenant-governor must be "citizens of
the United States and this state." Const., Art.
V.,
Sec. 5.
must be
Judges and county commissioners
citizens
and
Const., Art. VI.,
has attained the age
residents.
Sec. 17.
"Any woman who
of twenty-one and who possesses the qualifications
prescribed, shall be eligible to any office under the
general or special school laws of this state."
Stat.,
tions
Rev.
Sec. 269.
County officers no qualificaare mentioned.
Const., Art. X., Sec. 8.
Revised
Stat.,
p.
1078
(Laws 1871-2,
p.
578),
"That no person shall be precluded or
debarred from any occupation, profession or
employment (except military) on account of sex:
Sec.
i.
Political Status of
34
Provided that this act
Women
not be construed to
shall
affect the eligibility of any person to any elective
"
office."
Sec. 2.
Nothing in this act shall be
construed as requiring any female to work on
streets or roads, or serve
on
juries."
Rev.
Stat.,
1087, Employment, Sec. 54 (L. 1903, p. 194).
Assistant superintendent of free employment
p.
agencies to be a
Rev.
woman.
Stat., p. 275, Charities, Sec. 25.
The man-
agement of each of the state's charitable institutions and of the reform schools shall be vested in a
board of three trustees, to be appointed by the
governor, by and with the advice and consent of
the senate.
No
qualification as to sex
is
men-
tioned.
Rev.
Stat., p. 312,
Sec.
State
216.
Juvenile Female Offenders.
the five are to be women.
Two
Home
for
trustees out of
Rev.
Stat., p. 204,
"No
Attorneys,
person shall be
refused a license under this act on account of
Sec.
I.
sex."
In
re Bradwell,
that a
55 Illinois 535 (1869), it was held
not eligible as attorney without
woman was
express enactment.
(Obtained in
sustained in 16 Wall. 130 (1872).
Rev.
Citizens
Stat., p. 1552.
and
residents.
1874, p.
in chancery.
No
87 1 .)
Position
Notaries public. Sec. i.
They are appointed on
petition of fifty voters of cities.
697, and Rev.
1
Stat., 1909, p.
qualifications.
Rev. Stat.,
1469, Masters
Sec. 2,
Indiana
35
Schuchardt vs. People, 99 Illinois 501 (1881),
women are eligible as masters in chancery.
holds
Widows' Home, Sec. 130 of Ch. 23.
Board composed of two G. A. R. men and three
"ladies and members of the Woman's Relief Corps
Soldiers'
Women
of Illinois."
are in fact
appointed to
and on many boards where there
many
no express permission to appoint women.
offices
is
INDIANA
GENERAL STATE SUFFRAGE.
Women
state
Art.
have no
Sec. 2.
II.,
Constitution,
"In all elections not otherwise provided for in
this Constitution every male citizen of the United
suffrage.
States
.
.
(twenty-one years and residents)
of foreign birth, of the age of
.
.
.
.
and every male
twenty-one years and upwards,
who
resided in the United States one year
shall have declared his intention to
shall
.
.
.
have
(and
become a
be entitled to vote in the
township or precinct where he may reside, if he
"
shall have been duly registered according to law.
The legislature cannot change the qualification
of voters as fixed by the Constitution.
Morris vs.
Burns's Annotated Statutes,
Powell, 125 Ind. 281.
Sec. 6876.
"Every male citizen of the United
citizen)
.
.
.
shall
States
and every male of foreign birth.
Re-enacts the Constitution.
.
.
.
..."
Political Status of
36
Women
Gougar vs. Timber! ake, 148 Ind. 38 (1897), 4^
N.E. 339, holds that women cannot vote under
Constitution, Art. II., Sec. 2, as "that which is
silent ceases."
Distinguishes In re Leach, 134
Ind. 665, which construes differently exactly
same sort of phrase (construing Constitution,
Art. VII., Sec. 21) in regard to women as attorneys.
SPECIAL OR LOCAL SUFFRAGE.
form of special stiffrage.
1.
School.
tion
elected
Women
have no
Superintendent of Public Instrucby qualified voters of the State.
Annotated Statutes, Sec. 6293. Common Council of
cities and Board of Trustees of towns shall elect
school trustees.
Sec. 6477.
Municipal. "In all municipal elections no
other qualifications shall be required of any voter
than such as are made necessary in general elec2.
under the constitution and laws of this
Annotated Statutes, Sec. 8884.
Local option. Petition for an election on
tions
state."
3.
question by twenty per cent, of the "legal voters"
and
special elections then held.
Laws
of 1908,
Ch.2.
Remonstrance against issuance of liquor license
must be signed by majority of "legal voters" of
township,
or
ward.
Annotated
Statutes,
Sec.
8332.
OFFICE-HOLDING.
Women
have very wide
office-
Indiana
holding rights to
all
37
non-elective positions. Quaere
as to their rights to elective office.
"Women are hereby declared to be eligible to
any office, the election to which is or shall be vested
in the general assembly of this state or the appointment to which is or shall be vested in the governor
Annotated Statutes, Sec. 9607
thereof."
(Laws
of 1873, p. 182).
married or
"Any woman,
single, of
the age of
twenty-one years and upwards, and possessing
the qualifications prescribed for men, shall be
eligible to any office under the general or special
school laws of this state."
Sec.
6672 (i88i)-8.
Qualifications of legislators.
They must be
citizens of the United States.
Constitution, Art.
IV., Sec. 7.
Qualifications of governor
ernor.
Must be citizen of
resident.
county
Art.
V.,
"No
officer.
appointed
who
shall
Sec.
and lieutenant-govUnited States and
7.
person
not be
Qualifications of
be elected or
shall
an
elector of the
"Art.
VI., Sec. 4.
Board of managers of reform school for girls'
and women's prison to be women. Burns' s Anno-
county.
tated Statutes, 1908, Sec. 9930.
"All employees females.
Sec. 9935."
moral
character being a
good
be entitled to admission to practise
"Every person
voter, shall
law in
all
of
courts of justice."
VII., Sec. 21.
Constitution, Art.
Political Status of
38
Women
This provision does not prohibit the admission
of
women
to practise law.
In
re Leach,
134 Ind.
665.
Attorneys.
"Every person of good moral
character being a voter," i.e., follows wording of
Constitution. Sec. 997.
Notaries public appointed by governor, no qualiSec. 9531.
Public Library Commission.
fication.
Appointed by govno qualification. Sec. 6645.
State Board of Charities. Six persons appointed
by governor women are eligible as the words
ernor,
"his or her" used.
Charities (1899), Sec. 3665.
Charities.
Six persons, "not
Board of County
more than four of whom
shall
be men."
Sec. 3675.
IOWA
GENERAL STATE SUFFRAGE.
No
form of state
women's
suffrage exists.
Constitution, Art. II., Sec. i.
"Every male
citizen of the United States of the age of twentyone
(subject to certain residence qualifi.
.
.
shall be entitled to vote at all eleccations)
tions which are now or hereafter may be authorized
.
.
.
bylaw."
SPECIAL OR LOCAL SUFFRAGE.
Tax and bond suffrage.
i.
Women
have a
Iowa
39
limited form of tax-paying suffrage for school and
municipal purposes. "At all elections where
women may
vote,
no
registration of
women
shall
be required; separate ballots shall be furnished
for the questions on which they are entitled to
vote; a separate ballot box shall be provided in
which all ballots cast by them shall be deposited,
and a separate canvass thereof made by the judges
of the election,
such vote.
The
and the return thereof
right of
town or school
any
shall
show
citizen to vote at
on the question
for
bonds
issuing any
municipal or school
and
for
the
purposes,
purpose of borrowing money,
or on the question of increasing the tax levy, shall
not be denied or abridged on account of sex."-
any
city,
election
of
Code, Sec. 1131.
"To have the right to vote at a school meeting
a person must have the same qualifications as
for voting at a general election, and must be at the
same time an actual
resident of the corporation
In any election hereafter held
in any school corporation for the purpose of issu-
or sub-district.
ing bonds for school purposes or for increasing
the tax levy, the right of any citizen to vote shall
not be denied or abridged on account of sex, and
women may vote at such elections the same as
men, under the same
restrictions and qualifications
as far as applicable."
Sec. 2747.
of
voters
of
school corporation having
Registry
five
thousand or more inhabitants, divided into
40
Political Status of
But "nothing
precincts.
Women
be
in this section shall
women from voting at
which they are entitled to vote.
construed to prohibit
elections at
.
.
all
'
.
-Sec. 2755.
Coggeshall vs. Des Moines, 117 N. W. 309
(1908), holds that women are entitled to vote on
proposition to build city hall in cities of fifty thou-
sand and over, since issuing bonds is an integral
part of proposition to build. Also holds that it
is
not unconstitutional to except women from
registration when they have not full suffrage.
2.
Municipal and county suffrage. Women
have no municipal suffrage except as above stated,
and do not have the tax suffrage except in muni-
cipalities.
Cities
are
incorporated by the vote of the
"
Code, Sees. 599-601.
"qualified electors.
Board
of
supervisors
may
submit
to
"the
people of the county at any regular election, or
at any special one called for that purpose, the
question whether money may be borrowed to
aid in the erection of any public building, and the
question of any other local or political regulations
not inconsistent with the laws of the State."
Sec. 443.
Iowa
are recognized under the general
law (Title V.) or under special charter (Title V.,
ch. 14) but even in the latter the city elections
cities
are under the general election laws.
936.
Code, Sec.
Iowa
41
There are no general qualifications as to office-holding in the statutes, but
the decisions seem to hold that only electors may
be public officers in the absence of express enactment.
OFFICE-HOLDING.
InState vs. Van Beek, 87 Iowa 577 (1893), the
Court says as follows: "Our first inquiry is
whether an alien can hold the office of sheriff
under the laws of Iowa. There is no provision
in our constitution or statutes upon that subject,
yet it is certainly a fundamental principle of our
government that none but qualified electors can
hold an elective office unless otherwise provided.
This precise question was passed upon in State vs.
"
Smith, 14 Wis. 497.
(N.B. This case is not the
same
it
requires the qualification of citizens not
electors.)
"No perQualification for particular offices:
member of the house of representatives who shall not ... be a male citizen of
son shall be a
the United States."
Const.,
Art.
III.,
Sec.
4-
Senators
must
possess
the
qualification
of
representatives "as to residence and citizenship."
-Sec. 5.
"No person shall be eligible to the office of
governor or lieutenant-governor who shall not
have been a citizen of the United States and resident of the state two years next preceding the
election. ..."
No constitutional qualification for
Political Status of
42
Women
judges, attorney-general, county attorney.
Art. IV., Sec. 6.
Const.,
"In counties with a population of ten thousand
less, the same person may hold the office of
county recorder and county treasurer and no
person shall be disqualified on account of sex
"
from holding the office of recorder.
Code, Sec. 493.
or
"
A school officer
or
member
of the board
may
sex, and must at the time of election
or appointment be a citizen and a resident of the
corporation or sub-district and over twenty-one
years of age, and, if a man, he must be a qualified
be of either
voter of the corporation or sub-district."
Code,
Sec. 2748.
"The county
either
sex,
shall
superintendent, who may be of
be the holder of ... a first
'
class certificate.
Huff
there
vs. Cook,
being
no
.
.
.
Sec. 2734.
44 Iowa 639 (1876), holds that
constitutional
inhibition,
the
Legislature can pass a law making the office of
county superintendent of schools open to women,
though it is an elective office, and may make the
law ex post facto. (The inference being that an
elective office must be specially declared open.)
McCollum, 76 Iowa 479 (1889), holds
that the law which makes woman eligible as county
Brown
vs.
superintendent of schools (16 G. A., ch. 136, Sec.
i) impliedly repeals Sec. 697 of Code which provides that contestant must allege that he is an
elector of the county.
Kansas
43
"Every mayor, councilman-atlarge, town councilman and officer elected by the
whole electorate of the city or town or by its
officers.
City
by the
council or appointed
mayor or
council,
other officer of any city or town shall be a resident
"
and qualified elector of the city.
Code, Sec. 643.
Same
of councilman
district for
or other officer elected
by
ward.
Sec. 644.
Police matrons are to be appointed in cities of
twenty-five thousand and over. Sec. 654.
Notaries.
number.
Governor
A
Sec. 373.
appoint a convenient
notary public is a public
may
Keeney vs. Leas, 14 Iowa 644.
Attorneys. Only qualification: "Every applicant
must be at least twenty-one years of
of
age,
good moral character and an inhabitant
officer.
.
.
.
of this state.
'
.
.
Sec. 310.
.
State vs. Pitkin, 114 N. W. 550 (1908), holds
woman may act as clerk of the grand jury.
that a
State insane hospitals are under five trustees
"two
of
whom may be women. "
Code, Sec. 2253.
KANSAS
GENERAL STATE SUFFRAGE.
general state suffrage.
Const., Art. V., Sec.
person of
Women
do net have
"Every (white) male
twenty-one years and upwards belongi.
ing to either of the following classes
.
.
.
shall
Political Status of
44
Women
be deemed a qualified elector." i. Citizen of
the United States. 2. Person holding first citizen papers.
Women may vote for school district treasurer
without violating this section (construing General
Wheeler vs. Brady, 15 Kan.
Statutes, Sec. 7405).
But not for either state or county superin26.
tendent (construing Const., Art. V., Sec. i, and
Art.
II.,
Winans
Sec. 23).
Williams, 5 Kan.
vs.
227.
Legislature
to provide for equal rights of
and children. Const., Art.
is
women
XV.,
in property
Sec. 6.
SPECIAL
OR LOCAL SUFFRAGE.
school and municipal suffrage in
Women
cities,
have
and school
suffrage in non-municipal districts.
"The legislature in providing for the formation
and regulation of schools, shall make no distinction
"
between the rights of males and females.
Const.,
Art.
II.,
Sec. 23.
State superintendent
tioned.
He
County
superintendent
mentioned;
by
law.
is,
is
is
men-
therefore, a constitutional officer.
of
to be elected
public
instruction
and duties prescribed
Const., Art. VI., Sec.
I.
"That
1909, Sec. 733.
election hereafter held in any city of the
General Statutes of
in
any
first,
second and third
class, for
the election of city
or school officers, or for the purpose of authorizing
the issuance of any bonds for school purposes,
Kansas
45
the right of any citizen to vote shall not be denied
or abridged on account of sex, and women may vote
at such elections the same as men, under like
qualifications; and any woman
possessing the qualifications of a voter under this
act shall also be eligible to any such school or
restrictions
and
city office."
Cities of the first class.
"All electors qualified
to vote for municipal officers, including both
male and female, are hereby deemed and declared
legal electors, and are hereby authorized and
qualified to vote at any election held under the
provisions of this act."
General Statutes, Sec.
I075-
Government of certain cities by commission.
"In all elections held for the election of city or
school
offices, or for the purpose of authorizing
the issuance of any bonds for school purposes, or
other public improvement, or in the adopting or
rejection of this act, and in all elections held under
this act, the right of any citizen to vote shall not
be denied or
abridged on account of sex, and
women may vote at such elections the same as
men and under like restrictions and qualifications
and any women possessing the qualifications of a
voter under this act shall also be eligible to any
"
such city or school office.
Gen. Stat., Sec. 1224.
Cities of the second class.
under
"
In
all elections
held
this act for the election of city officers or
for the purpose of authorizing the issuance of any
Political Status of
46
Women
bonds for school purposes or for other public
improvements, the right of any citizen to vote
shall not be denied or abridged on account of sex,
and women may vote at such elections under like
restrictions and qualifications as men, and any
woman possessing the same qualifications required
for city officers under the provision of this act
shall be eligible to any city office."
Gen. Stat.,
Sec. 1478.
There
is
cities (Sec.
7578), but
system
a Board of Education in
7555) and
first
class
in second class cities (Sec.
third class cities are under district
(Sec. 7629).
District officers.
Director, clerk and treasurer,
elected at annual meeting.
Sec. 7443.
Qualified electors at district meetings are:
constitutional electors who are residents.
"
Second, All female persons over the age of twentyone years, not subject to the disqualifications
First,
named
in Sec. 2, Art. V., of the Constitution of the
who shall be residents in good faith of
State and
the district for thirty days next prior to the time
"
of offering to vote at third election.
Sec. 7405.
Women
State vs. Parry, 52 Kan. i 33 Pac. 956.
cannot vote for Justice of Peace even in cities
,
as he
is
a "township" not "city" officer. (Nor
on same ground.)
for several other judicial officers
OFFICE-HOLDING. There is no express and appears to be no implied restriction on the right of
Kansas
47
women
to hold office in general, although some
special offices are barred.
Governor. No qualifications. Const., Art. I.,
Sec.
For other State
103.
officers,
Superintendent of Public Instruction.
including
No
quali-
fications.
Members
voters."
of
Const., Art.
For Judges.
must be
legislature
No
II.,
"
qualified
Sec. 4.
qualifications.
Const.,
Art.
III.
Trustees of Public Institutions, appointed by
No
governor.
Sec.
qualifications.
Const., Art. VII.,
I.
For school and municipal officers.
"Any woman
possessing the qualifications of a voter under this
act shall also be eligible to any school or city
Code, Sec. 733. Woman is eligible to
office of county superintendent, there being no
express or implied exclusion in section of Conoffice."
stitution creating office.
Office-holding is not confined to electors and
there is a presumption in favor of extending it
unless non- voters are expressly excluded. Wright
1 6 Kan. 60 1.
Government of certain
vs. Noell,
cities
See supra for qualification of
Sec. 1224.
Cities of second class.
of officers.
Third
Gen.
class
by commission.
officers.
Gen.
Stat.,
See supra for qualification
Stat., Sec. 1478.
cities.
"The
officers
elected
or
Women
Political Status of
48
appointed under this act shall be qualified electors
of said city under the Constitution and laws of
this State."
Attorneys.
Gen.
Stat., Sec. 1521.
"Any citizen
of the
United States."
Gen.
Stat., Sec. 429.
Notaries Public. No qualifications.
Gen.
Stat.,
Sec. 5453.
Matron compulsory
Detention
In Police
985-87).
Home
the
in
following places:
(Gen. Stat., Sees. 5121, 5123).
Department, cities first
Deaf and Dumb Institution
class
(Sees.
(Sec. 8438).
Boys' Industrial School (Sec. 8654). Girls' IndusSchool (Sec. 8678). "Provided that the
superintendent, matron, teachers and attendants
trial
of this institution shall be
women."
"Three
State Board of Control.
electors
of
the state" to be state board of control and trustees
of
all
state
Gen.
institutions.
Stat., Sec.
7894.
"Two
suitable
women"
are to be appointed
visitors of state institutions.
Probation
character."
officers.
Gen.
"Discreet persons of good
Stat.,
Sec.
5079.
Sec.
5101,
no
state
same.
KENTUCKY
GENERAL SUFFRAGE.
suffrage.
Women
have
49
Kentucky
Const., Sec. 145.
"Every male citizen of the
United States of the age of twenty-one years
shall be a voter in said precinct and not else.
where,"
except
persons.
Russell's
citizen
convicts,
.
and insane
"
Every male
3992.
follows Constitution in terms.
Statutes,
..."
prisoners
.
SPECIAL SUFFRAGE.
school suffrage.
The school tax
is
Sec.
Women
have a very limited
to be levied after election
56ioa~9.
Election of trustees of
common
by
Rus. Stat.,
"legislative voters" authorizing same.
school district.
"At
this election the qualified voters of the district shall be the electors; and any widow having
six and twenty years of age and
or spinster having a ward between
a child between
any widow
the ages of six and twenty years,
may
'
also vote.'
-Sec. 5710. (Ky. Stat., 4434.)
This section is construed in Ball vs. Cawood, 23
Ky. Law Rep. 2315, 67 S. W. 37, to forbid vote
of divorced wife where custody of children not
given her by decree.
Taxation in common school districts. The will
of the people to be taken
on a special
tax.
"Any
widow or spinster residing in any school district
who is a taxpayer or who has children within the
ages fixed by the Common School Law to be
educated, shall be deemed a qualified voter under
Political Status of
50
this chapter.
"
Sec. 5672.
vs. Sparks,
Women
Sustained and applied,
W. 970 (1909).
a woman is presumed
118 S.
Taylor
If allowed to vote,
been within the above classes.
to
have
Sisk vs. Gardiner,
25 Ky. Law Rep. 18, 74 S. W. 686.
School districts in municipal districts under
separate charter and paying special local tax.
Election of school trustees in such districts.
Any
' '
person shall be eligible to this office of school
trustee who is over twenty-one years of age and
who has been a
which he
and who
is
is
resident of
the sub-district for
elected sixty days before the election,
able to read and write as shown by a
certificate of five reputable citizens of the subdistrict,
years
of
and
all
male persons over twenty-one
age who have
resided in
the school
sixty days next before an election
have the right to vote at such election. "Laws of 1910, ch. 114, amending Laws of Mar.
sub-district
shall
24, 1908.
The
general sections on graded
common
school
4460-4500) appoints no
for
voting and therefore
special qualifications
But
Sec. 5672 held to apply, and women vote.
school
act of 1908 as amended (cf. above) on graded
districts (Rus. Stat., Sees.
districts in special charter municipal districts
with special tax takes them out of the general
case and the male requirement is not cancelled
by Sec. 5672. Jeffries vs. Trustees of Columbia
Graded School, 122
S.
W. 813
(1909).
51
Kentucky
School suffrage in second class cities was
in
repealed
1902, leaving women only suffrage in
(N.B.
country
districts.)
Women
OFFICE-HOLDING.
to
any
constitutional
not eligible
are held
but
office
may occupy
appointive ones and school offices, etc.
Women are not eligible to offices created by the
Constitution.
(Here jailer.) Atchison Co. Judge
vs. Lucas,
Duncan
vs.
Same, 53 Ky. 451.
Qualifications for particular offices.
tors, citizens and residents.
Const.,
Governor, resident and
Lieutenant-governor.
citizen.
Sec. 82.
LegislaSec. 32.
Sec. 72.
Same,
Attorney-general
must be an attorney. Sec. 92. County officers
must be citizens and residents. Sec. 100. Judges,
citizens, must be residents and attorneys.
Sec. 114.
Attorney. "Any person over the age
of twenty-one years."
Rus. Stat., Sec. 4993.
Notaries Public. No qualifications. Rus. Stat.,
Sec. 2015.
of
A
married
woman may
notary public since
hold the
created
office
statute
by
and not by the Constitution. Harbour Shoe Co.
vs. Dixon, 22 Ky. Law Rep. 1169, 60 S. W. 168.
County superintendent of schools must be citizen.
tees,
it
is
Rus. Stat., Sec. 5618.
cf.
supra
of Control
of
Laws
of
charitable
School district trus-
1910, ch. 114.
institutions is
Board
to be
four citizens, twenty-five years of
Rus. Stat., Sec.
age, appointed by the governor.
composed
of
Political Status of
52
Women
un5143. Reform schools, boys and girls, placed
der the board of penitentiary commissioners, and
trustees thereof abolished.
(Women had been on
School.)
Sec. 5192, Sec. 5199 n.
the board of the Girls'
Women physicians
at insane asylums.
Sec. 4214.
LOUISIANA
GENERAL STATE SUFFRAGE.
state suffrage.
"
Every male
Women
citizen of this State
have no
and
of the
shall be an elector and
United States
shall be entitled to vote at any election in this
.
State
by the
striction
as to:
.
.
people.
I.
..."
residence,
Subject
2.
to
registration,
re3.
educational or property or grandfather clause,
Const., Art. 197.
No re-enactment of clause of Constitu-
4. poll tax.
(N.B.
tion in qualification of electors.)
Act
tion
98, 1908
on
Registration.
education,
Repeats Constitu-
property, and
grandfather
qualification.
SPECIAL OR LOCAL SUFFRAGE.
Women
have
cer-
tain rights as taxpayers only.
"Upon all questions submitted to the taxpayers
as such of any municipal or other political subdivision of this state the qualifications of such
Louisiana
53
taxpayers as voters shall be those of age and
residence prescribed
by
this article,
and women
taxpayers shall have the right to vote at all such
elections, without registration, in person or by their
agents authorized in writing, but all other persons
voting at such elections shall be registered voters.
"
Const., Art. 199.
Revised Laws.
Public Schools.
Act 214, 1902,
"Be
it
Free
p. 406.
further enacted that all
taxpayers voting at said election shall be registered voters, except
women
taxpayers,
who
shall
vote without registration. All taxpayers entitled
to vote shall vote either in person or by their
Sec. 21.
agents, authorized in writing."
A
school tax over the constitutional limit
be allowed
if
may
submitted to the property taxpayers
of the district.
Const., Art. 232.
in order to vote on this
"
A widow
amount of her
must have the
community property"
husband's estate ascertained.
Smith
vs.
in
her
Parish
Board, 52 So. 122 (Mar., 1910).
OFFICE-HOLDING. Women have been given school
but a modification of the Constitution has
made their holding these offices probably uncon"No person shall be eligible to any
stitutional.
offices
parochial, municipal, or ward,
not a citizen of this State, and a duly
qualified elector of the State, judicial district,
parish, municipality or ward, wherein the func-
office, state, judicial,
who
is
Women
Political Status of
54
tions of the office are to be performed."
Art. 210 (1908).
Const.,
"That
Art. 233 (232) of the Constitution of
of
the
State of Louisiana is hereby declared
1879
operative, and women over twenty-one years of
age are hereby declared eligible to any office of
control or management under the school laws
Laws
of this State."
(N.B.
clause
tional
of 1892, p. 80, ch. 57.
Constitution of 1898 contains no such
and quaere if provision is now constituunder Art. 210 of 1908, cf. supra.)
"
Every
Qualifications for particular offices.
elector under this Constitution shall be eligible
to a seat in the House of Representatives and
every elect or
.
.
.
shall
Const., Art. 24.
Justices of the Peace
be
eligible to
the Senate."
must be "freeholders and
Const., Art. 126.
qualified electors."
State Board of Charity, composed of six persons
appointed by governor. Const., Art. 295.
State Insane Asylum.
Board
of administrators
of "eight persons" appointed by goverConst. (Sec. 1761, Act 146, 1898).
composed
nor.
Factory inspectors appointed by mayor and
police juries; no qualification mentioned here.
Amendment to Constitution and Revised Laws
(1904-1908), p. 146.
Women
tional
actually
amendment
appointed
following:
under
constitu-
Amendment
Constitution, Sec. 210 (passed
to the
Nov. 1906)
v. 2,
Maine
55
1960, "to allow the appointment or election
to office of factory inspectors, of either male or
p.
..."
female persons.
Attorney.
"Any citizen of the United States
the
qualification (except that of resipossessing
dence) necessary to constitute a legal voter shall
'
admitted to
be
practise
.
.
law.
.
Revised
Laws, Sec. in.
"Any male
Notary public.
may
citizen of the State
be appointed a
Laws, Sec. 2503.
notary public." Revised
State ex rel Davis vs. Police
Jury of Webster Parish, 45 So. 47 (1907). A
woman acting as deputy clerk is a de facto officer
and her acts are no prejudice to party in suit in
issuing writ.
MAINE
No
GENERAL STATE SUFFRAGE.
women.
"Every male
state suffrage
open to
United States of
citizen of the
the age of twenty-one years and upward, except
paupers, persons under guardianship and Indians
shall be an elec(residence)
tor for governor, senators and representatives, in
the town or plantation where his residence is so
not taxed
.
.
established."
.
.
.
Constitution, Art.
Revised Statutes of 1903,
and
.
registration of voters.
II.,
p. 92.
Sec. 2.
Sec.
I.
Qualification
"Every male
Political Status of
56
citizen"
I.
gether with,
male
who had
2.
Women
right to vote in 1893, to-
those sixty years old, and
citizen (except paupers, persons
3.
every
under guard-
ianship and Indians) who can intelligently read and
write "... shall have the right to vote at any
national, state, city or
town
election."
SPECIAL OR LOCAL SUFFRAGE.
There
is
no
civil
special suffrage.
Separate school suffrage does not exist as school
town meetings, and municipal
covered by the previous heading.
officers are elected at
suffrage
is
Parishes and religious societies.
"A person of
either sex, of lawful age, may become a member of
a parish or religious society by vote thereof at a
legal
meeting."
Revised Statutes, Sec.
Women
OFFICE-HOLDING.
from holding any
office
are
14, p. 229.
not
prohibited
inference but
except by
that they cannot hold con-
the trend of opinion
is
stitutional offices.
Opinion of Justices, 62 Me.
596.
Qualifications for particular offices
Representatives "five years a citizen of the
:
United States."
Senators, same.
Const., Art. IV., Sec. 4.
Const., Art. IV., pt. 2.
Governor must be "natural born citizen of the
United States. "Constitution, Art. V., Sec. 4.
Secretary, treasurer, judges, sheriffs, mentioned
in constitution without qualification.
Maine
57
"No
person shall be denied admission or license
to practise as an attorney at law on account of
sex."
c.
Revised Statutes,
p. 702, Sec.
24
(L. 1899,
9 8).
Maine
trustees,
under six
Revised Stat-
Industrial School for Girls,
two of
whom
are
women.
utes, Sec. 20, p. 1000.
"Deeds
shall be acknowledged by the grantors
before a justice of the peace ... or woman
otherwise eligible under the constitution and appointed for the purpose by the governor with the
.
.
.
advice and consent of the council.
.
.
."
Revised
Stat., p. 659, Sec. 20.
Held constitutional, although a woman could
not be appointed a notary public directly. Opinion
of Justices, 62 Me. 596.
Marriage
.
and consent
.
.
"The governor with
of the council
may
the advice
appoint
women
otherwise eligible under the constitution, to solemnize marriages."
Revised Statutes, p. 574, Sec.
II.
Tenure of office. "The appointment of any
woman under
the laws of the state to solemnize
marriages, administer oaths and take acknowledgments of deeds shall authorize her to act within
every county of the state and shall continue for
a term of seven years." Revised Statutes, Sec.
38, p. 57-
Clerks of
"The
clerk
qualified
the town
may
by the
may
constitution,
a deputy.
woman, otherwise
appoint
also appoint a
who
in his absence
Political Status of
58
Women
may
so far act as deputy clerk as to receive
record chattel mortgages and other papers,
make
and
and
certified copies of the records in the clerk's
Revised
office."
Stat., Sec. 18, p. 73.
Salaries of Public Officers, requires
four assistants at Insane Hospitals, "one of whom
Sec.
i
of
' '
and a matron (p. 89 1 )
Government of the two insane hospitals "vested in a com-
shall
be a female
.
mittee of seven trustees, one of whom shall be a
woman," appointed by the governor. Rev. Stat.,
p. 1004, Sec. I,
Committee
persons "with
man,
"
Insane Hospitals.
the council consisting of two
of
whom
shall
be associated one wo-
appointed by the governor to visit hospitals.
P. 1009, Sec. 30.
"The governor
may, upon the written
recommendation of any judge of the Supreme
Court appoint competent stenographers of either
.
sex,
cases
.
.
as commissioners to take depositions in all
who shall hold office for four years."
.
.
.
Revised Statutes,
p.
867, Sec. 30
(1885,
c.
327).
"Persons" under seventy are qualified
Jurors.
to serve as jurors. Exemptions do not include
women.
Revised
Statutes,
p.
860,
Sees.
2,
3-
Towns.
"No
person
is ineligible
to the office
of superintending school committee on account of
Revised Stat., p. 208, Sec. 29 (1897, c. 327).
sex."
(Elected at
town meetings.)
59
Maryland
MARYLAND
GENERAL STATE SUFFRAGE.
state suffrage.
"
Every white male
Women
citizen of the
have no
United States
be entitled to vote, in the ward or election district in which he resides, at all elections
hereafter to be held in this State."
Constitution,
.
.
.
Art.
shall
I.,
Sec.
I.
constitutionally qualified to vote
at
the next election and personally
in the precinct
applying for registration shall be registered as
"Only persons
Laws
Public
qualified voters."
Sec. 17.
SPECIAL OR LOCAL SUFFRAGE.
of 1904, Art. 33,
There
is
no
special
suffrage open to women and practically no form
of special suffrage except municipal in the state.
Constitution,
Franchise same
Baltimore.
XI., Sec. i.
as for state (cf. also, Baltimore
Art.
Charter, 1898).
(N. B. Municipal suffrage is governed by the
One village that
charter of each municipality.
of Stillpond allows women to vote under its
charter.)
OFFICE-HOLDING.
Women
that of notaries.
They
from many but in most
hold no
office
except
expressly excluded
cases there is nothing
are
in the laws to exclude them.
Qualifications for particular offices
:
60
Women
Political Status of
Governor
must
"qualified voter."
be
Senator and
resident.
1
a
delegate
Art. III., Sec. 9.
resident,
citizen,
Const., Art.
II.,
and
Sec. 5.
must be
citizen
and
Judges must be citizens and qualified voters.
Art. IV., Sec. 2.
must be citizen,
and
States attorney
voter,
attorney.
county) must be resident and attorney.
Attorney- General
qualified
(in
each
Art. V.,
Sec. 4.
Treasurer and Controller.
No
qualifications.
Art. VI.
County Commissioner, Surveyor, States Librarian, Commissioner of Land Office, Wreck
No qualifications. Art.
"Women shall be permitted to
Master.
VII.
practise law in
this state upon the same terms, conditions and
requirements and to the same extent as provided
in this article with
reference to
men."
Public
Laws, Art. 10, Sec. 4 (1902, ch. 399).
Notary Public. "Ten women in other respects
qualified, and no more, shall be eligible as notaries
public in the city of Baltimore, and one woman
Art.
in each of the counties of the state."
.
.
.
68,
10 (1902, ch. 12, 1904, ch. 15). Sec. n,
validates acts of female notaries public previously
Sec.
done.
State Board of Education appointed
nor consists of
Art. 77, Sec. 5.
six
members, no
by gover-
qualifications.
Massachusetts
61
Governor appoints Board of County School
Commissioners, six members, no qualifications.
Sec. 6.
District school trustees appointed
by County
No qualifications.
School Commissioner.
Sec. 7.
Governor appoints Superintendent of Public
No qualifications. Sec. 18.
of Library Directors.
No qualifications.
"
Sec. 98.
Seven discreet persons" shall con-
Education.
Board
stitute
Board
LXXXVIII.
Mayor of
Aid and
of State
a.
(88a) (1900) Sec.
city
must be
Charities.
Art.
I.
and
citizen, resident,
City Council must be citizens,
residents, and property owners.
Constitution,
Amendments to Art. XI.
property owner.
MASSACHUSETTS
GENERAL STATE SUFFRAGE.
of
of
"
Every male citizen
and
age
upwards
twenty-one years
shall have the right to vote in such election of
.
.
.
lieutenant-governor, senators and representatives and no other person shall be entitled
governor,
;
to vote in such election
Amendment XVII.
tor,
Const Amendment III.
Secretary, Treasurer, Audi-
' '
.
,
and Attorney-General, same
Amendment III.
Law shall mean
to electors as
in
.
Election
voter."
Revised Laws, ch.
qualifications as
The word voter
"registered
II, Sec. I.
male
62
Political Status of
Women
Note on
"
ch. n,
Sec.
13 (Election Law).
are not entitled to participate in or vote
caucuses of the several political par ties. "-
Women
at
Opus A.
G., Dec., 1903,
An. Reg.,
SPECIAL OR LOCAL SUFFRAGE.
suffrage possessed
by women
is
p. 60.
The only special
the school suffrage.
School suffrage.
"Every male citizen of
twenty-one years or upwards, not being a pauper
I.
or a person under guardianship, who is able to
read the constitution of the Commonwealth in
the English language and to write his name and
resided within the Commonwealth one
who has
year and within the city or town in which he claims
a right to vote six calendar months last preceding
a state, city or town election may have his name
entered on the
and
shall
have
election or in
of
town
of voters in such city or town
the right to vote therein in any such
list
any meeting held for the transaction
upon complying with the provisions
affairs
hereinafter set forth.
'
.
.
.
Rev. L. 1902, ch.
n, Sec. 12.
"Every female
citizen having the qualifications
male voter required by the preceding section
may have her name entered upon the list of voters
for school committee upon complying with the
of a
requirements hereinafter set forth." Sec. 13.
Poll tax.
Assessors to make "true lists as
as
they can ascertain ... of every male
nearly
"
person
twenty years and over liable to be assessed
Massachusetts
women
"and
"
and
for poll tax
63
shall enquire at the residence of
voters," whose names are on the lists
make a true list of women voters found
shall
by them."
Sec. 15.
Women do not pay poll
(N.B.
tax
Rev. Laws,
ch. 12, Sec. I.)
The
registrar of voters "shall keep in general
registers records of all persons, male and female,
registered as qualified voters in the city or town.
"
-Sec. 43.
The
names on the
registrar shall enter all
tax assessment
residence,
.
.
.
"and
likewise the
poll
name and
of every woman voter
contained in the list of women voters
as aforesaid,
whose name
is
transmitted to them, as provided in Sec. 16."
Provided they can identify same as that of a man
or
woman whose name was on
city or
town at
meeting.
last
the voting list of
preceding election or town
Sec. 44.
Every person, male or female, whose name is not
so entered must apply in person and prove qualifications.
Sec. 45.
Voting
list is
made up from
the annual register of voters.
"They shall enter
the names of women voters in separate columns or
lists.
2.
"Sec.
60.
Local option.
The
city
may
at its annual
town meeting vote to issue licenses. The aldermen
and selectmen "shall insert in the warrant for
the annual city election or town meeting an article
providing for a vote upon the question.
.
.
."
Political Status of
64
Sec.
10.
I.e.,
women do
Women
not
vote
on
this
question.
OFFICE-HOLDING. The general theory of the
Massachusetts law is that women are not eligible
to constitutional office and cannot be made so
even by statute. It makes no difference that there
no express prohibition in constitution. The
constitution to be interpreted with view to its
is
meaning. Women are quite liberally
admitted by statute to non-constitutional offices.
Governor
Qualifications for particular offices.
must be "an inhabitant of this Commonwealth for
seven years." Const, of 1870 with amendments
historical
to 1902, ch.
2, Sec. i.
Lieutenant-governor, inhabitant.
Counsellor must be an inhabitant.
Sec. 2.
Amendment
XVI.
Notaries Public appointed by governor in same
manner as judicial officers for seven years, re-
moved by governor on address of both houses with
consent of council. Amendment IV.
"The Governor, with
the advice and consent of
may appoint women who are twentyone years of age as special commissioners for a
term of seven years. Special Commissioners shall
have like powers as justices of the peace to adthe council,
take depositions, affidavits, acknowledgments of deeds and other instruments,
minister oaths,
to issue
summons
for witnesses
and to appoint
Massachusetts
65
appraisers in all cases. They shall be entitled to
like fees as justices of the peace for like services."
Rev. Law, ch. 17, Sec. 5.
Special Commissioners may take acknowledgments of deeds for record. Ch. 127, Sec. 8.
(N.B. Ch. 17 gives notaries less duties and
powers than special commissioners and makes no
qualifications as to sex, but cases hold that women
cannot be notaries public.)
"A woman cannot lawfully be appointed justice
of the peace."
In
re
Op. of Just., 107 Mass. 604.
The law allowing the appointment
of
women
special commissioners with the power to administer oaths, etc., does not show the intent of the
legislature that
There
women
shall
be notaries public.
no positive qualification in law or constitution, but Court intimates that a constitutional
is
could not be opened to women by statutes
though there is no express prohibition in Constioffice
(In re Op. of Just., 150 Mass. 586, 23
N. E. 850, 6 L. R. A. 842.)
tution.
The Constitution, Art. IV., does not authorize
the appointment of a woman as a notary public
even if statute to that effect passed, (s. c. and
165 Mass. 599, 43 N. E. 927.)
State Board of Charities composed of "nine
persons," two appointed
by governor,
for five
Rev. Laws, ch. 84.
years.
Woman agent to be employed. Sec. 5.
Governor may appoint women on board for
66
Political Status of
Women
the following reasons:
i. Women are now on the
subordinate boards; 2. there is no settled policy
against them in such positions as in case of attorneys;
Just.,
3.
"persons" include women.
Op. of
136 Mass. 579.
Town Clerk. The assistant town clerk may be a
woman and may, in the absence of the clerk,
"perform his duties and have
his
powers and be
subject to the requirements and penalties applicable to him." Appointed and paid by clerk.
Rev.
L., ch. 25, Sec. 62.
But, town
may
elect a
tern.
(This may be a woman.)
County Commissioners. The clerk pro tern in
counties where there is no assistant clerk of courts
may be a woman. Rev. Laws, ch. 20, Sec. 19.
Boards of registration. Board of Registration in
clerk pro
Five persons, male or female, residents
dentistry.
and doing business in the Commonwealth, skilled
Rev. Laws,
dentists, to examine for registration.
ch. 76, Sec. 24.
(N.B.
i]
Boards of registration
and pharmacy
[Sec. 10]
in medicine [Sec.
make no mention
of
sex.)
Election of town
officers.
eligible as overseers of
"Women
shall
be
the poor and school com-
Rev. Laws, ch. n, Sec. 334.
be school committee, as that
office is not a constitutional one.
Opinion of
Justices, 115 Mass. 662 (1874).
Police matrons required in cities of thirty
mittee."
Women may
Massachusetts
thousand inhabitants.
67
Rev. Laws, ch. 108, Sec.
32.
Inspection department of the district police
"consists of thirty- three male and two female
and
members,"
a
chief.
governor for three years.
by
Appointed
Id., Sec. i.
the
(Duties,
inspect factories, public buildings, steam boilers,
of
employment
"No
1902.
hold the
women and
one
office of
shall
children, etc.)
be deemed
ineligible to
weigher of coal in any city or
of sex."
Ch. 57, Sec. 83a.
town by reason
(Appointed by mayor
and
council
of
each
town.)
Registers of deeds.
"Register may, subject to
the approval of the superior court, appoint an
assistant register of deeds, who may be a woman,
who shall give bond in the same manner as the
register,
who
and
whose
sible.
for
"
shall
be removable at his pleasure
acts he shall be respon-
official
Revised Laws, ch. 22, Sec.
Libraries.
or female.
8.
Town to elect library trustees, male
Any number divisible by three.
Ch. 38, Sec. 7.
Official Boards appointed by governor.
State Industrial School for Girls and Lyman
School for Boys. Two out of seven members of
board to be women. Ch. 86.
Two out of the seven members of the boards of
the various state insane institutions to be women.
-Ch.
87.
68
Women
Political Status of
State Hospital and State Farm. Two out of
seven on boards to be women. Ch. 85.
In Bristol,
Registers of Probate and Insolvency.
Berkshire, Franklin, Hampden, and Hampshire
counties the judges of the county may appoint
woman
assistant register of probate and insolRevised Laws, ch. 164, Sec. 17.
Justice of the superior judicial court may appoint
vency.
woman
assistant
clerk
Ch. 165, Sec.
county.
"A
court
of
in
Hampden
4.
United States or
whether man or
(first papers)
be
examined for
to
..."
woman, may
petition
admission to the bar. Ch. 165, Sec. 41.
Attorneys.
an
alien
.
.
citizen of the
.
.
.
.
Probation. The Chief Justice of the Municipal
Court may appoint in the City of Boston "not
more than five male and two female assistant probation officers." Rev. Stat., ch. 217, Sec. 81.
1905, (added). Justice of the Municipal Court
of South Boston and of Roxbury may appoint one
female assistant probation
officer.
1906, (added). Justice of the third district of
city or East Middlesex may appoint one female
assistant probation officer.
Civil Service.
"Nothing herein shall prevent
the certification and employment of women.
(At
' '
end of section placing veterans at head of lists.)
Revised Laws, ch. 19, Sec. 21.
"An assistant clerk of courts under the provisions of Sec. 7 of ch. 165 of the Revised
Laws
or
69
Michigan
under the provisions
may
be a woman."
of ch. 287 of the acts of 1904
Acts and Resolves 1907, ch.
234.
Sec. 80 of ch. 13 of the Rev.
Laws amended by
adding "Any such deputy may be a woman."
(Authorized appointment of deputy tax
Acts and Resolves, 1908, ch. 247.
col-
lectors.)
Women may
be appointed assistant clerks in
police, district, or municipal courts.
Appointed
by the clerk with the approval of the justice.
Acts and Resolves, 1909, ch. 289.
MICHIGAN
GENERAL SUFFRAGE.
Women
no
have
state
suffrage.
"In
every male inhabitant of this
of the United States
a
citizen
state, being
(who
every male inhabitant of foreign birth
has declared his intention to become a citizen)
every civilized inhabitant of Indian descent
all elections
.
shall
be an elector and entitled to vote."
Art. VII., Sec.
.
.
.
.
.
.
.
.
.
.
.
Const.,
i.
SPECIAL SUFFRAGE. Women have school suffrage
and municipal taxpaying suffrage.
i.
Municipal taxpaying suffrage. Women do
not vote in ordinary municipal elections. Com"Each
piled Laws, ch. 8 1 (Towns), Sec. 2381.
Political Status of
70
Women
inhabitant of any township having the qualifications of an elector as specified in the constitution
of this state,
right to vote
and no other person, shall have the
on all matters and questions before
any township meeting. ..."
Villages are incorporated
on petition
of thirty
Ch. 87 (Villages), Sec. 2686.
of
Question
incorporation voted on by electors
Sec. 2694.
to
vote
for township officers.
qualified
Women have the vote when the question involves
spending money. Comp. Laws, ch. 28 (Cities),
"legal voters."
Sec. 2958.
Any
one hundred or more freeholders
present petition to incorporate village or
fourth class city. Sec. 2960. Question to be
may
voted on by
' '
' '
village electors.
Sec. 2980.
' '
The
inhabitants of cities having the qualifications of
electors under the Constitution of the State, and
no
others,
shall
be electors therein."
Cf.
in
municipal suffrage also Coffin vs. Thompson, infra.
At any
election in any village, city, township,
or
school district, every woman who poscounty
sesses the qualifications of male electors and has
property assessed for taxes in the city, village, etc.,
be entitled to vote on any question involving
the direct expenditure of public money or the
Sec. 2 extends same right to
issue of bonds.
shall
women who own
property
jointly
with
their
husbands or on contract. For all elections other
than school elections women who vote must be
Laws of 1909, No. 206, Sees, i, 2.
registered.
71
Michigan
2.
School suffrage. Regents of the University,
elected with judges.
Const., Art. XIII., Sec. 6.
Board of Education, elected at the general
election.
Sec. 9.
(Comp. Laws, Sec. 3708, same.)
These
are,
therefore,
constitutional
offices
and
out of the reach of any statutory extension of the
school suffrage to
women.
Act 138
of 1893 conferring on
to vote for all school, village,
women
and
the right
city officers
declared unconstitutional in Coffin vs. Thompson,
97 Mich. 189, 56 N. W. 567, construing Const.,
Art. XV., Sec. 14.
Const., Art. XV., Sec. 14.
"Judicial officers of
cities
and
villages shall
ficers shall
be elected and
all
other of-
be appointed or elected at such times
"
and in such manner as the Legislature may direct.
But voters at school meetings never considered
identical with electors as defined in the constitution,
and the school
offices
which the constitution
directs the Legislature to create may be made
elective by women.
Belles vs. Burr, 76 Mich. I.
The
Board
Education at annual
charter election does not make such election a
school district meeting under Sec. 4662 to give
women
election of a
of
the right to vote thereat.
Mudge
vs.
Stebbins, 59 Mich. 165.
In all school elections every citizen of the United
States of the age of twenty-one years, male or
female, who owns property which is assessed for
taxes in the district or who is the parent or guard-
Women
Political Status of
72
ian of
child of school age residing in the
district three months shall be a qualified voter.
any
When husband and wife own such
jointly each may vote.
Comp. Laws,
(as
amended by
Laws
of
1909,
property
Sec.
ch.
II.,
4662
No.
83).
Qualified electors may change organized township into single school district. Laws of 1909,
No. 117, Sec. i. Qualification of voters here
same as
1903, No. 83, supra.
OFFICE-HOLDING. Women are not expressly excluded from office in general and only from a few
in particular, though the tendency is to confine
them to administrative office.
Under Const., Art. X., Sec.
3, providing that
the prosecuting attorney be elected, the electors
cannot choose a person not of their number
without express enactment permitting it, therewoman is not eligible. Attorney-General
fore a
vs. Abbott, 121
W. 372.
for particular offices.
Senators
Mich. 540, 80 N.
Qualifications
and representatives must be
electors.
citizens
Const., Art. IV., Sec.
and
qualified
5.
Governor and lieutenant-governor,
citizen
and
Art. V., Sec. 2.
"
Suitable persons having the qualificaJurors.
tions of electors."
Art. V., Sec. 2.
resident.
Attorneys.
"No
sion to practise as
person shall be denied admis-
an attorney and counsellor at
73
Michigan
law and solicitor and counsellor in chancery on
account of sex." Compiled Laws, Sec. 1122.
Cities and Towns.
"No person except a citizen
of the United States and an elector as aforesaid
shall be eligible to any elective office contemplated
chapter. Provided, however, that any
female person above the age of twenty-one years
who has resided in this state six months and in the
in
this
township twenty days next preceding an election
be eligible to the office of school inspector."
shall
Compiled Law, Sec. 2382.
"No
person shall be elected or appointed to any
he be an elector of the city." Sec.
office unless
2996.
Any qualified voter in a school district whose
name appears upon the assessment roll and who is
the owner in his own right of the property assessed
be eligible to office in the school district. Also
where property is the joint property of husband
and wife both shall be eligible. Laws of 1909,
No. 83, ch. III.
shall
Qualifications
district the
for
office
in
township
school
same.
Township officers are to be
five trustees.
Laws of 1909, No. 117.
Insane Asylums. Board appointed by Governor,
no qualification. Comp. Laws, Sec. 1893.
Women
physicians in Insane Hospitals, Indus-
Homes, Feeble-minded Home, School for
Deaf and Blind, and all similar institutions.
trial
Laws
of 1899,
No.
185, Sec.
i.
Political Status of
74
Women
Board of directors appointed by governor,
without qualifications, for School for Deaf (Ch.
70) Blind (Sec. 2009) State Public School (Sec.
2021); Feeble-minded Home (Sec. 2036).
"
Board of Industrial Home for Girls to be three
;
;
persons at least one of whom shall be a
Comp. Laws, Sec. 2218.
woman. "-
State Board of Charities and Corrections to be
"four suitable persons, resident of the
state.
"-
Sec. 2250.
"Governor may appoint one or more suitable
females" to inspect state institutions in behalf of
the State Board of Charities. Sec. 2259.
Police matrons in cities of ten thousand or
more.
To be recommended
for
appointment by
twenty women.
"At least one deputy factory inspector shall be
a woman." Laws of 1901, No. 113, Sec. 12.
"No person shall be eligible
Notaries Public.
to receive such an appointment unless he or she
shall be ... of the age of twenty-one years, a
resident of the county for which he or she desires
to be appointed notary public and a citizen of
Sec. 3452.
this State."
Comp. Laws,
Woman
school inspector.
Sec. 2629.
Court declined to
pass on the question of her eligibility as the board
acted by majority in this instance whether she
voted or not. Donough vs. Dewey, 82 Mich. 309.
Woman may
be appointed a deputy county
Wilson vs.
clerk as duties are purely ministerial.
Minnesota
75
Newton and Wilson vs. Genesee
Mich. 493 and 49 N. W. 869.
Circuit Judge, 87
MINNESOTA
GENERAL STATE SUFFRAGE.
Women
have no
state suffrage.
"Every male person
twenty-one years or upwards belong-
Const., Art. VII., Sec.
i.
of the age of
shall be
ing to either of the following classes
entitled to vote at such (any) election." I.
.
.
.
United States; 2. Half-breeds,
civilized; 3. Indians, if admitted by court.
"
Every person qualified as a voter may regisRevised Statutes, 1905, Sec. 192.
ter.
."
Citizens
.
of
the
.
SPECIAL OR LOCAL SUFFRAGE.
Women
have the
school suffrage, apparently complete but actually
much curtailed by decisions.
' '
Women may
vote for school officers and
mem-
bers of library boards, and shall be eligible to hold
any office pertaining to the management of schools
libraries.
Any woman of the age of twentyone years and upward and possessing the qualifications requisite to a male voter may vote at any
and
election held for the purpose of choosing any officer
any member of library boards, or
of schools or
upon any measure
relating to schools or libraries,
Political Status of
76
and
shall
to the
be
hold any
eligible to
management
Women
schools
of
office
and
pertaining
libraries."
Const., Art. VII., Sec. 8.
Separate ballot box to be provided where
entitled to vote.
Rev. Stat., Sec. 256.
Formation of school
"majority
of
district
freeholders
Rev.
school officers."
women
on petition
qualified
to
of
vote for
Stat., Sec. 1281.
Consolidation of school districts to be
by election
on petition
of "majority of resident freeholders
"
to
vote
at school meetings.
Rev. Stat.,
qualified
Sec. 1289, I2 9> 1291.
State ex rel
Hahn
vs.
Gorton, 33
Minn. 345
that
County Superintendent of
an office under Constitution, Art. VII.,
Sec. 8, and women are eligible
i. e., Sec. 8 of the
Constitution takes women and school offices out
of the operation of Sec. 7, which would deny them
both the vote (in conjunction with Sec. i) and
office.
But women cannot vote for county officers
(1885),
holds,
Schools
is
at general election (as here County Superintendent
of Schools), only at school election.
Town superintendent elected at town meeting
(i.e., women cannot vote)
County Superintendent
.
of Public Instruction elected at general county
election.
Supplement of 1909, Sec. 1388.
OFFICE-HOLDING.
offices
offices.
Women
are eligible to school
and to appointive but not to
elective
Minnesota
77
"
Every person who by the provisions of this
article shall be entitled to vote at any election,
shall be eligible to any office which now is or
hereafter shall be elective
by the people in the
"
wherein he shall have resided.
district
Const., Art. VII., Sec.
School
8,
7.
State ex rel
eligible to
official
Rev.
supra.
of this state
is
appointment as a deputy of any county
by law to appoint deputies."
authorized
Stat., Sec. 616.
Attorneys. Word "persons" used, there
sex qualification.
Supplement, Sec. 2279.
Probation
Supplement, Sec. 2656.
no
officer,
Supple-
qualifications.
ment, Sec. 5496.
Matron for every lockup where
confined.
women
Sec. 5490.
Board of Control
and Charities
members appointed by governor, no
State
fications.
Rev.
may
are
to be
quali-
Stat., Sec. 1858.
Insane hospitals.
proper
no
is
Governor appoints "citizens
Notaries Public.
of this State."
three
.
See supra, Const., Art. VII., Sec.
offices.
Hahn vs. Gorton,
woman
who
is a citizen
"Any
and
.
.
"The board when
appoint a competent
it
woman
deems
to visit
and report upon any such hospital or asylum."
Rev.
Stat., Sec. 1878.
"Commissioner of Labor
hereby authorized and directed to appoint
a competent woman as a special inspector
Bureau
of Labor.
is
.
.
.
.
.
.
Political Status of
78
Women
examine factories where women work."
Supplement, Sec. 1792, Sub-div. 2.
"There shall be appointed by Commissioner of
to
Labor a competent woman to act as assistant
Commissioner of Labor and such women factory
inspectors as may be necessary."
Laws of 1909, ch. 497, Sec. 2.
Supplement,
Trautman vs. McLeod, 76 N. W. 964 (1898),
74 Minn. no. The provision of General Statute
(1894) Sec. 3665, giving women eligibility to offices
pertaining to management of schools, did not
repeal provision of special act incorporating the
"
Reads" and making town trustees
town of
school trustees, so that in that
town at least women
cannot actually vote for school trustees.
MISSISSIPPI
GENERAL SUFFRAGE.
Women
have no form of
state suffrage.
"Every male inhabitant of this state, except
taxed,
idiots, insane persons and Indians not
who is a citizen of the United States ... is
declared a qualified elector."
Const., Art. XII,
Sec. 241.
SPECIAL SUFFRAGE. Women have only a very
limited form of school suffrage.
i
.
School suffrage.
Meeting of
' '
patrons of the
79
Mississippi
school" to elect trustees.
Hold-over trustees to
prepare list of "patrons entitled to vote for trustees."
(Except in separate school district, i. e.,
cities.)
Under
Code, Sec. 4519.
this a widow gets a vote.
In separate school district, i.e., cities, trustees
are chosen by mayor and aldermen. Code, Sec.
4526.
In separate school district with no
municipal
organization, on petition of majority of taxpayers
Board of Supervisors shall levy tax for school.
Code, Sec. 4531.
(County superintendent
appointed
by
state
superintendent, Sec. 4511.)
County and municipal
entirely excluded from this.
2.
suffrage.
Women are
"Electors in municipal elections shall possess
all the qualifications herein prescribed and such
additional qualifications as may be provided
Const., Art. XII., Sec. 245.
by
law."
Electors of municipality are to be
tors of county.
same as
elec-
Code, Sec. 3434.
Taxpaying suffrage. If "twenty per cent,
of adult taxpayers" of city shall petition against
the issue of bonds by the city they shall not issue.
3.
Code, Sec. 3419.
Local option.
Election by the qualified
voters of the county must be held upon petition
of one third of the same.
Code, Sec. 1777.
4.
5.
Miscellaneous.
Two
thirds of the resident
8o
Political Status of
freeholders
Women
and leaseholders may vote to put
stock law in force.
Sec. 2235.
Women
OFFICE-HOLDING.
hold no
office,
except
that of state librarian.
"All qualified electors and no others shall be
eligible to office, except as otherwise provided in
this Constitution."
Const., Art. XII., Sec. 250.
Qualifications for particular
and representatives must be
offices.
Senators
qualified electors.
Const., Art. IV., Sec. 41.
Governor, citizen and resident.
Const., Art. V.,
Sec. 117.
Lieutenant-Governor, same.
tary of State, same. Sec. 133.
Various judicial
Sec. 128.
officers, residents
Const., Art. V., Sees. 150-171.
State Superintendent of Public
and
Secre-
citizens.
Education's
qualifications are the same as those of Secretary
of State.
Const., Art. VIII., Sec. 202.
Qualifications of the County Superintendent to be pre-
scribed
by law. Sec. 204.
Grand and petit jurors,
"qualified electors.
"-
Const., Art. XIII., Sec. 264.
State Librarian.
"Any woman, a resident of
the state four years, and
age of
twenty
years, shall
who has
be
attained the
eligible to said office."
Const., Art. XII., Sec. 106.
81
Missouri
MISSOURI
GENERAL STATE SUFFRAGE.
Const, of 1875, Art.
"Every male citizen of the United States
VIII.
and every male person of foreign birth
posbe
shall
enthe
sessing
following qualifications
titled to vote at all elections by the people ..."
.
.
.
(residence qualifications).
Const, of 1875. Does not violate United States
Constitution,
to women.
Amendment XIV.,
Minor
vs.
in denying vote
Happersett,
53 Mo. 58.
Affirmed, 21 Wall 162.
Annotated Statutes of 1906, Sec. 6994. Qualification of voters.
"Every male citizen ..." etc.;
follows constitution except adds exclusion of felons
and paupers. Held constitutional. Hale vs. Stimson,
95
S.
W.
885.
SPECIAL OR LOCAL SUFFRAGE.
Women
have no
limited suffrage.
I.
School.
Const, of 1875, Art. X., Sec. n.
"Rate for school may be increased on vote of
majority of the voters who are taxpayers."
Const, of 1875, Art. XL, Sec. 4. Board of Education,
of
composed
Schools, Governor,
An.
Stat., Sec. 9750.
district, "qualified
An.
by
of
Annual meeting
voters" alone
Stat., Sec. 9759.
voters elected
Superintendent
Public
etc.
of school
eligible.
District directors, qualified
qualified voters.
82
Women
Political Status of
"A
shall be any person
the general laws of this state would be
allowed to vote in the county for state and county
qualified voter
.
.
.
who under
..."
officers.
2.
Municipal
An.
suffrage.
Stat., Sec. 5265.
Municipalities of the First Class. "Every male
citizen" may vote; follows Constitution wording.
OFFICE-HOLDING. A woman is eligible to any
office from which she is not expressly excluded.
Const,
of
Art.
1875,
Sec.
VIII.,
12.
"No
be elected or appointed to any office
person
in this State, civil or military, who is not a citizen
of the United States, and who shall not have resided in this State one year next preceding his
shall
election or appointment."
"
A woman is
eligible to
any
office if there is
no
provision in the Constitution or Statutes expressly
requiring the incumbent to be a male and an intent
to so require is not shown by the use of the word
State ex rel Crow vs.
'his' in this section."
Hostetter, 137
Mo.
W.
636, 39 S.
(Office of Clerk of
270.
County Court under
dis-
cussion in case.)
An.
Stat., Sec. 5300.
officers shall possess
They
shall be:
write; 3.
I.
All elected
and appointed
the following qualifications.
read and
citizens; 2. able to
have taxes paid;
4.
not interested in
hold no other
municipal contracts; 5.
Const, of 1875, Art. IV., Sec.
4.
office.
Representative,
Missouri
"male
citizen of the
United States" and "a quali-
fied voter of this state.
Const., Art. V., Sec.
"
5.
least thirty-five years old,
Governor, "shall be at
a male and shall have
been a citizen of the United States ten years.
Lieutenant-Go vernor, same.
Sec. 15.
Const, of
"
.
.
.
Art. VI., Sec. 6. Judges of
of United States and
1875,
Supreme Court,
83
citizens
Missouri.
Sec. 13.
Other judges, same.
Const, of 1875, Art. V., Sec. 19.
"No person
be eligible to the office of Secretary of State,
shall
State Auditor, State Treasurer, Attorney-General,
or Superintendent of Public Schools unless he be a
male citizen of the United States."
An. Stat., Sec. 5058. The governor appoints
six persons as State Board of Charities and Correction.
"Two of the members of the said board
shall be women, and of the remaining four not
more than two shall be of the same political party. "
An. Stat., Sec. 5070. County Board of visitors.
On
petition of fifteen reputable citizens, judge
of the Circuit Court "shall appoint six persons,
whom shall be women. ..."
An. Stat., Sec. 5251, 13. "Women shall not
be disqualified from holding the position of deputy
three of
probation officers."
An.
(Cf. Sec. 5251, 38.)
Stat., Sec. 7775.
Board
of Control, four
7778.
Officials to
Industrial school for girls.
Sec.
men, two women.
be women.
Political Status of
84
Women
Managers of Feeble-minded Colony
"two of whom shall be women/'
Sec. 7821.
to be five,
Attorney. An. Stat., Sec. 4920. "Good moral
character and a resident of this State" are the
only requirements of the statute.
Women have been admitted. Crow vs. Hosteller,
cf.
supra.
An. Stat., Sec. 8832. Notaries Public. "But
no person shall be so appointed who has not
attained the age of twenty-one years if a male,
and the age of eighteen if a female, and who is not
a citizen of the United States and of this State."
An. Stat., Sec. 8875. Matrons provided for in
Penitentiary.
for Deaf.
School for blind.
Sec. 7739.
Sec. 7743.
School
Feeble-minded Colony.
Sec. 7827.
An.
An.
Stat., Sec. 3762.
Juror,
"male
citizen."
Second Class
Sec. 5492.
Council, "qualified voter."
Third Class
Sec. 5756.
Stat.,
Stat.,
Cities.
Common
An.
Mayor,
citizen
cilman, citizen
and resident.
and resident.
Sec. 5768.
Cities.
Coun-
Fourth Class Cities.
Stat., Sec. 5899.
to be a citizen and resident.
Sec. 5911.
An.
Mayor
Alderman, citizen and resident.
An. Stat., Sec. 6006. Villages and towns.
Trustee, "male citizen of the United States."
An.
Stat., Sec. 9759.
fied voters elected
persons
eligible.
by
District directors, qualiqualified voters, the only
Montana
"A
qualified voter
85
shall be any person
the general laws of this State would
be allowed to vote in the county for state and
.
.
.
who under
"
county officers.
137 Mo. 628, 39
State ex
S.
W.
rel.
Ing. vs.
McSpaden,
R.
S. 1889,
inference, holds that since directors
Sec. 8086,
81, construing
by
must be voters women not
eligible.
MONTANA
GENERAL STATE SUFFRAGE.
Women
have no
state suffrage.
Const. 1889, Art. IX., Sec. 2.
"Every male
person of the age of twenty-one years and over,
possessing the following qualifications, shall be
entitled to vote at all general elections and for
all officers that now are, or hereafter may be
by the people and upon all questions which
be submitted to the vote of the people."
elected
may
I. Citizen of the United States; 2. resident; 3.
not felon, etc.
Revised Code, Sec. 462. "Every male person
of the age of twenty-one years or over, possessing
the following qualifications, by law is entitled to
vote at all general and special elections and for
all officers.
"
Qualifications follow constitution.
SPECIAL OR LOCAL SUFFRAGE.
Women
taxpaying suffrage and school suffrage.
have the
86
Political Status of
Women
' '
Upon all questions submitted
Taxpaying.
to the vote of the taxpayers of the State, or any
1
.
political
division thereof,
women who
are tax-
payers and possessed of the qualifications for the
right of suffrage required of men by the Constitution,
shall equally
vote."
with
men have
the right to
Const. 1889, Art. IX., Sec. 12.
"Upon all questions submitted to the vote. ..."
Revised Code, Sec. 468, re-enacts Const., Art.
IX, Sec. 12 in terms.
"All qualified electors of the State
2.
School.
who have resided in the city or town six months
and in the ward for thirty days next preceding
the election are entitled to vote at any municipal
election."
Revised Code, Sec. 3231.
"Women shall be eligible to hold the office of
County Superintendent of Schools or any school
and shall have the right to vote at
district office
any school
district election."
Const. 1889, Art.
IX., Sec. 10.
"Women
have the right to vote at any school
Revised Code, Sec. 467.
Local option. Petitioner must be qualified
3.
Revised Code, Sec. 2041. Voter must
elector.
be qualified elector. Sec. 2044.
district election."
OFFICE-HOLDING. Office is confined to electors,
except minor school offices and appointive offices.
"No person shall be elected or appointed to any
office in this State, civil or military,
who
is
not a
Montana
87
citizen of the United States, and who shall not
have resided in this State at least one year next
before his election or appointment."
Const.
1889, Art. IX., Sec.
7.
person qualified to vote at general elections and for State officers in this State, shall be
"Any
eligible to
any
except as otherwise
Constitution." Const. 1889,
office therein
provided in this
Art. IX., Sec. 11.
"No perDisqualifications of public officers.
is capable of holding a public office in this
State, who at the time of his election or appointson
ment
not of the age of twenty-one years and a
Revised Code, Sec. 342.
"Provisions respecting disqualifications for paris
citizen of this State."
ticular offices are contained in the Constitution
and
in the provision of the Codes concerning the
various offices." Sec. 382.
"No
person is eligible to a county office who at
the time of his election is not of the age of twentyone years, a citizen of the State and an elector of
the county in which the duties of the office are to
be exercised or for which he is elected." Revised
Code, Sec. 2955.
"No person is eligible to a township or district
office who is not ..." same as above except
that the words "district or township" are substituted for "county."
Revised Code, Sec. 2956.
(N.B. There are no disqualifications for any
State office as far as I can find.)
Political Status of
88
Women
"
Women
Qualifications for particular offices.
shall be eligible to hold the office of County Su-
perintendent of Schools or any school district
office, and shall have the right to vote at any
school district election."
Constitution, Art. IX.,
Sec. 10.
It is held that
"a county superintendent must
woman
or a person qualified to vote at
general elections and for State officers in this
"
State vs. Acton, 31 Mont. 43, 77 Pac. 302.
State.
"Any citizen, or person resident of this State
be either a
who has bona fide
declared his or her intention to
become a citizen ... is entitled to admission as
attorney and counsellor in all the Courts of this
State.
"Revised
Code, Sec. 6381.
Notaries Public.
fications.
Governor appoints, no
quali-
Revised Code, Sec. 317.
(Attorney-General Nolan in 1901 declared
the appointment of a woman.)
illegal
State Board of Charities and Reform composed
of three members appointed by the Governor;
Revised Code, Sec. 272.
qualifications.
Probation officer. Sheriff or constable appointed
as such. Revised Code, Sec. 9429.
no
NEBRASKA
GENERAL STATE SUFFRAGE.
Art. VII., Sec.
I.
Const, of 1875 (335),
"Every male person of the age
Nebraska
89
of twenty-one years and upwards belonging to
shall be an
either of the following classes
2. Peri. Citizens of United States.
elector."
.
sons
who have
.
.
declared their intention to become
citizens.
Compiled Statutes, Sec. 3214. Qualification of
voters.
"Every male person" follows Constitution in terms.
SPECIAL OR LOCAL SUFFRAGE.
Women
possess
limited school suffrage.
School district meetings (Ch. 78, subdiv. 2, Sec.
"
Every person, male or female, who has resided
4)
in the district forty days and is twenty-one years
.
and who owns real property or personal property that was assessed in the district ... or
old
who has
children of school age residing in the district shall be entitled to vote at any district
meeting or school election held in any
district
village or city."
Comp. Stat., Sec. 5430.
them to vote on bond issue
this
allows
Held,
to be submitted
district"
by
to "qualified electors of school
L. of 1879, p. 170, Sec. 2. Olive vs.
School District No.
I,
125 N.
W.
(N.B.
elected at
County Superintendents are
general election. Therefore women do
not vote for them.)
Women may vote and hold
districts.
Wife
141 (1901).
State and
office
in
State vs. Cones, 15 Neb. 447.
of homesteader not qualified.
school
Those
Political Status of
90
Women
present must be qualified voters in their
McLain vs. Maricle, 60 Neb. 359.
Board
of
Education in
cities
of
own
right.
twenty-five
thousand to forty thousand. "... Provided that
all women of the age of twenty-one years who are
residents and citizens of the cities included under
the provisions of this act and who have property
assessed in their own names, or who have children
of school age, shall be entitled to vote for members
of the Board of Education and upon all matters
pertaining to the schools of said cities." Women
are not required to register but must take oath as
to their qualifications.
Comp.
Sec. 5726.
Stat.,
Board of Education in metropolitan cities (one
hundred thousand) chosen by "qualified electors
Sec. 5790.
of entire city."
"At elections for members
Education
women may
following oath:"
(as to
vote
their
of the
after
Board
of
taking the
qualifications).
Sec. 5813.
OFFICE-HOLDING. Women may hold any administrative office not expressly forbidden them.
Senator
Qualifications for particular offices.
and representative. "No person shall be eligible
.
.
.
who
is
not an elector."
Const. (263), Art.
III., Sec. 5-
Governor must be a citizen of the United States.
Lieutenant-Governor must be a citizen of the
United States.
Const.
(286),
Art.
V.,
Sec.
2.
Nebraska
91
No
provisions as to other state officers.
Judges must be citizens of the United States.
Const. (317), Art. VI., Sec. 7.
Women may vote and hold office in school
districts.
State vs. Cones, 15
Neb. 447.
of good character,
Attorneys must be "person"
twenty-one,
etc.
Comp.
Stat., Sec. 678.
Governor appoints notary public on petition
of "twenty-five legal voters" of county.
Stat., Sec. 4521.
Women may be
notaries public.
Comp.
Van Dorn
vs.
Mengedoht, 41 Neb. 525.
Probation Officer, "two or more persons, one
of whom shall be a woman."
Comp. Stat., Sec.
2796
(f.).
(i.e., one hundred thousand inhabitants). Board of Police
Commissioners may appoint two police matrons.
Cities of the metropolitan class
Comp.
Stat., Sec. 906.
There shall be police matrons in cities of forty
thousand to one hundred thousand inhabitants.
Comp.
Stat., Sec. 1121.
Jurors, "all free white
Sec. 7236.
males" are
qualified.
State vs. Quible, 125 N. W. 619 (May, 1910).
There being no constitutional provision declaring
her ineligible and the common law permitting
her to hold administrative offices, a woman may be
a County Treasurer.
Political Status of
92
Women
NEVADA
Women
GENERAL STATE SUFFRAGE.
have no
general suffrage.
The
male
is extended to "every
United States" of full age with
right of suffrage
citizen of the
certain residence qualifications.
Sec. i.
The
legislature
Const., Art.
II.,
can add no further qualification
to those prescribed in the Constitution for the
State vs. Findley, 20 Nev. 198.
right of suffrage.
It
may, however, prescribe a
24 Nev. 308.
poll tax.
State
vs. Stone,
Women
SPECIAL SUFFRAGE.
have no form of
special suffrage.
OFFICE-HOLDING.
"No
person
Women hold only school offices.
is eligible
to
any
office
who
is
not a
qualified elector, provided that females, over the
age of twenty-one years
dence qualifications)
.
.
.
.
.
.
shall
(with certain resibe eligible to the
of Superintendent of Public Schools and
School Trustee." Const., Art. XV., Sec. 3.
offices
The
qualification of being
an
elector is required
specifically in the Constitution of legislators (Art.
IV., Sec. 5), governor (Art. V., Sec. 3), lieutenant-
governor (Art. V., Sec.
treasurer,
controller,
17),
secretary
surveyor-general
of state,
and
at-
torney-general (Art. V., Sec. 19).
A constitutional amendment passed the legis-
New Hampshire
93
lature in 1909 changing Const., Art. XV., Sec. 3,
so as to add deputy superintendent of public
instruction and notary public to the offices open
to
women.
This has not yet been passed on by
the voters.
Laws
shall
be passed to prevent any person not
serving on a jury.
qualified elector from
Const., Art. IV., Sec. 27.
a
Jurors
must be
qualified electors.
Compiled
Laws, Sec. 3867.
Any
citizen of the age of
the necessary qualifications
an attorney.
Notaries
twenty-one years with
may be admitted as
Sec. 2613.
Public,
no
proposed amendment
(But cf.
qualifications.
Laws of 1903, p.
above.)
114.
NEW HAMPSHIRE
GENERAL STATE SUFFRAGE.
Women
have no
general suffrage.
Constitution, Bill of Rights, Art.
n.
"All elec-
tions ought to be free, and every inhabitant of
the state having the proper qualifications has equal
"
right to elect and to be elected into office.
Constitution, Form of Government, Art. 27.
Every male inhabitant of each town, and parish
with town privileges, and places unincorporated,
in this state, of twenty-one years and upward,
Political Status of
94
Women
excepting paupers and persons excused from paying
taxes at their own request, shall have the right,
any meeting, to vote in the town
and has his home."
at
in
which he
dwells
SPECIAL
Women
OR LOCAL SUFFRAGE.
have
school suffrage.
person, whether male or female, but in
other respects except sex qualified to vote in
town affairs, may vote at school district meetings
"Any
all
which such person has resided
and had a home three months next preceding
in the district in
the meeting."
Public Statutes, ch. 90, Sec.
9.
Women
OFFICE-HOLDING.
not excluded by
but
the
decisions hold
any
in
of
absence
enactment.
ineligible
express
Governor
Qualifications for particular offices.
must be "an inhabitant for seven years." Const.,
statute from
office,
Art. 41.
Senator must
years."
be
"an inhabitant
for
seven
Art. 28.
"
Representative
an inhabitant.
"
Art. 13.
"No
trict
person shall be eligible to any school disoffice unless he is a voter in the district."
Public Stat., ch. 90, Sec. 14.
"Any citizen of the age of twenty-one years, of
good moral character and suitable qualifications
on application to the Supreme Court shall be
"
admitted to practise as an attorney.
Pub. Stat.,
New Jersey
95
ch. 313, Sec. 2.
In re Richer, 29 Atl. 559 (1890),
66 N. H. 207, holds that an attorney is not such
an officer as to exclude women under common law
But holds (p. 583) that if a public office,
rule.
women would be barred unless legislature let
them
in.
Sheriff,
county
solicitor,
county treasurer, regiscommis-
ter of deeds, register of probate, county
sioner, clerk of court, must be residents of
Pub.
County.
Stat., ch. 25, Sec. 2.
Public, appointed by governor with
advice of council. Ch. 18, Sec. I.
Have powers
Notaries
of Justice of the Peace.
Sec. 2.
Decision
in
re
Richer
(N.B.
(not yet reported)
refusing to put name of woman on official ballot
for governor.)
NEW JERSEY
Women
GENERAL STATE SUFFRAGE.
have no
state suffrage.
Const., Art.
citizen of the
to vote for
may be
Sec.
I,
II.,
Sec.
United States
all officers
elective
by the
strikes out
"Every white male
I.
that
.
.
.
now
"
people.
shall
be entitled
are or hereafter
Amendment
II.,
"white."
SPECIAL SUFFRAGE.
ited school suffrage.
Women, have a
greatly lim-
96
Women
Political Status of
Women
expressly excluded.
"That every citizen of this state entitled
to vote at a general election for members of the
1.
Municipal
suffrage.
legislature shall be entitled to vote at any election
of municipal officers held in the city, town or
other municipality where such citizen
Act of Apr.
may reside.
"
1890.
8,
"That every person possessing the qualification
required by the constitution shall be entitled to
vote in the township in which he actually resides.
Act of Apr.
1 8,
Schools.
2.
"
1876.
"That every
citizen of the
United
States of the age of twenty-one years who shall
have been a resident of the State for one year and
of the county in
five
which he or she claims a vote
said meeting, shall have a
months next before
right to vote in any school meeting in any school
district of the state wherein they may reside.
."
.
Act of Apr. 8, 1887 (Sec. 413 of Schools).
This law is limited and construed in the
.
fol-
lowing cases
State vs. Deshler, 25 N.J.L. 177 (1855).
"School
district trustees are municipal officers and, being
:
by the
must have the
elected
II. of
people, those
who vote
qualifications required
the Constitution of
New
for
by
them
Article
Jersey."
Kimbal vs. Hendee, 57 N. J. L. 309. School
trustees are officers within Const., Art. II., Sec. i,
making male citizens the only legal electors thereof.
Landis
vs.
Ashworth, 57 N.
J. L. 509.
Women
New Jersey
97
vote at school meetings under Act of Apr.
1887, for all purposes except the election of
may
8,
officers.
State vs.
The Act
gives
Board of Education, 57 N.
of
women
is
1887
the
J. L. 605.
invalid only so far as it
to
vote for school
right
trustees.
Gen.
Stat., Sec.
237 (May, 1894)
"The
school trustees.
"
voters of the district.
Election of
voters shall be the legal
(Enacted because of the
construction of Act of Apr. 8, 1887.)
School trustees elected at the annual school
meeting.
Sec. 247.
Powers and duties of
meeting are to:
by
ballot
419 (Apr.
I.
to raise
i,
legal
voters at school
elect school trustees
;
2.
any necessary money.
vote
Sec.
1889).
Legal voters at annual or special election must
fix amount to be raised before the body having
control of school
may borrow
it.
Sec. 278 (Mar.
19, 1895).
3.
Local option.
Liquors."
Board
of
Sec.
127 of "Intoxicating
Councilmen of incorporated
town may pass ordinance prohibiting or regulating
sale.
Sec. 134 of same.
of the legal voters of
an election to
4.
fix
Upon
petition of one fifth
or city there shall be
town
amount of license.
Miscellaneous.
Act of Mar.
I,
1893, creat-
ing road commissioner and allowing his election
Women
98
Political Status of
by
"freeholders of said district"
is
unconstitu-
tional as violating Const., Art. II., Sec.
OFFICE-HOLDING.
Women
i.
are eligible to practi-
cally all offices.
"Provided that no person shall be eligible as a
member of either house of the legislature who
shall not be entitled to the right of suffrage. "Const., Art. IV., Sec. 2.
Governor must be a citizen of the United States
and resident of New Jersey. Const., Art. V.,
Sec. 4.
Officers
mentioned
in
Constitution
without
qualifications:
Judges of the various courts (Art.
Sec.
VI.,
1-6); Chancellor (Art. VI., Sec. 4);
Peace (Art. VI., Sec. 7); State
treasurer, keeper and inspector of prisons, attorneygeneral, clerks of court, surrogates, sheriffs, coroner
Justices of the
(Art. VII., Sec. 2).
In General Stat., Sec. i, sheriffs are required to
be citizens and inhabitants.
"The
chancellor of the State of
New
Jersey
have the power and authority in his discretion to appoint any woman who has been or who
shall hereafter be admitted to practise law in
the courts of this state, whether she be married or
unmarried, a master in chancery of the State of
New Jersey, and such appointment shall confer
upon the appointee all the privileges, duties and
powers which a similar appointment of a man can
shall
New
confer
Sec.
upon him."
Mexico
99
Ch. 133 of Laws of 1896,
i.
Commission terminates upon marriage, but may
under new name. Sec. 2.
"And no person shall be eligible to the office of
trustee unless he or she is above twenty-one years
of age, is a resident of the district and can read and
reissue
237 of Schools (May, 1894).
"That no person shall be denied admission to
examination for license to practise law as attorney
or counsellor in this state, or be refused recommendation to the governor for license to practise law
as attorney and counsellor in this state on account
write."
of sex."
Sec.
396 of Practice (Mar., 1895).
of appointment herein given
the governor shall not be limited to the appointment of persons of the male sex, but such appointments may be of persons of either sex, and all
words in such act or any supplement thereof
referring to said notaries public as of the masculine
gender shall be understood to include and shall be
applied to females as well as males." Sec. 18
of Promissory Notes (Apr. 4, 1895).
Sec.
"That the power
NEW MEXICO
GENERAL STATE SUFFRAGE.
Women
have no
state suffrage.
Organic Act of Congress (1850) Sec.
6.
Every
ioo
free
Political Status of
Women
white male inhabitant to vote at first election.
qualifications to be prescribed by
Thereafter
legislative assembly.
Law of 1851, Sec. 19. Voters to be
male
citizens of the United States."
"white,
Compiled Laws, Sec. 1647. Disqualifies soldier
in the United States army and any person prevented by the Organic Law from voting or holding
Election
office.
SPECIAL
Women
SUFFRAGE.
have
no
special
suffrage.
Legal voters who have paid their poll tax are
the electors at school elections.
(Laws of 1909,
ch. 95).
OFFICE-HOLDING.
clusion of
There
women.
Cf.
is
no general express
Comp. Laws,
Sec.
ex-
1647,
supra.
Both branches of the
have the same qualifications as
Organic Act, Sec.
legislature
to
5.
voters.
Laws
Governor to
of 1909, ch. 55, Sec. i.
of either sex.
notaries
from
citizens
public
appoint
Health officer, physician
1909, ch. 99, Sec. 4.
and resident of county. L. of 1907. Board of
Health and Medical Examiners, same
1909, ch. 53, Attorneys.
No
(ch.
34).
qualifications as
to sex.
County Superintendent
1907, ch. 96, Sec. 1 8.
of Schools, no qualification as to sex.
New York
1905, ch. 116, Sec.
"Every male
I.
is
101
citizen over
qualified to serve as juror.
twenty-one years"
Subject to certain disqualifications.
No person to be a deputy sheriff
1901, ch. 5.
unless he is a qualified voter of the territory.
1909, ch. 121, Sec. 4.
Territorial
Board
of
Ed-
ucation to consist of governor and certain other
state officers and of seven other members ap-
No
pointed by the governor.
sex qualifications.
NEW YORK
GENERAL STATE SUFFRAGE.
Women
have no
state suffrage.
Const.
II.,
Sec.
I.
"Every male
citizen of the
shall be entitled to
age of twenty-one years
vote at such election in the election district of
.
which he
shall at the
.
.
time be a resident, and not
elsewhere, for all officers that
now
are or hereafter
may be elective by the people and upon all questions which may be submitted to the vote of the
people.
..."
is not a privilege and immunity
and therefore a female cannot vote.
People vs. Barber, 48 Hun. 198.
Election Law, Sec. 162.
"A qualified voter is
a male citizen who is or will be on the day of
Right to vote
of a citizen
election twenty-one years of age."
102
Political Status of
Women
SPECIAL SUFFRAGE.
and taxpaying
I.
that
have limited school
suffrage outside of cities.
Const., Art. X., Sec. 2, provides
School.
all
Women
other county
and
officers,
except
sheriff,
dis-
be "elected by
the electors ... or appointed by board of supervisors or other county authorities as the legislature
trict attorney,
shall direct.
register, shall
"
A law authorizing women to vote for school
commissioner (Laws of 1892, ch. 214) is unconstitutional on the ground that school commissioner
is
a county
and Art. X.,
within Const. Art.
officer
Sec. 2,
elective
i.e.,
II.,
by the
Sec.
Matter of
Matter of Gage, 141 N. Y. 112.
Misc.
Cancellation of Names, 5
375.
Education
outside of
to vote at
Sec.
Law,
"Any
cities.
any school
93.
person
district
School
shall
I,
people.
the
districts
be entitled
meeting for the
election of school district officers,
and upon
all
may be brought before such
citizen of the United States;
a
meetings,
2. twenty-one years of age; 3. a resident within
"And
the district for the period of thirty days.
who in addition thereto possesses one of the folother matters which
who
is"
I.
owns or rents
i.
lowing four qualifications:"
taxable real property; 2. is parent of child of
school age; 3. has such child permanently residing
with him;
4.
owns
fifty dollars'
worth of assessed
personal property.
"No
person shall be deemed ineligible to vote
New York
103
any such meeting by reason of sex who has one or
"
more of the qualifications required by this section.
School districts are created out of school commissioner districts (Sec. 20) which do not include
any city (Sec. 301), therefore women do not have
at
school franchise in
cities.
Local option. Liquor Tax Law, Sec. 13.
Question submitted to qualified electors of town
at biennial town meeting if ten per cent, of electors
2.
petition for such submission.
3.
Municipal
suffrage.
City elections, same
suffrage basis as general elections
Cities, III., Sees, n, 14, etc.).
(cf.
Second Class
The charters of certain Third Class Cities give the
taxpaying suffrage, under various limitations, to
women (cf. Geneva, chap. 297 of the Laws of 1898.)
Town Law,
Sec. 55.
"
A woman who possesses
the qualifications to vote for town officers except
the qualification of sex and who is the owner of
property in the town assessed upon the last
preceding assessment roll thereof, is entitled to
vote upon a proposition to raise
assessment."
money by
tax or
"
Sec. 41.
woman who possesses
the qualifications to vote for village officers except
the qualification of sex, who is the owner of proVillage
Law,
A
perty assessed upon the last assessment roll, is
entitled to vote upon a proposition to raise money
by tax or assessment or for the dissolution of the
village."
Political Status of
104
Women
This law construed in the following cases:
1.
This does not allow women to vote on the
proposition to issue bonds.
vs.
People ex
rel.
Dillon
Moir, 115 N. Y. Sup. 1029, 129 App. Div.
938.
2.
A
bond
issue not invalid because
were allowed to vote on
women
at village election and
the proposition involved the raising of money
by tax. Distinguishes People vs. Moir as there was
it
no provision to retire bonds by taxarequired by law. (Con. Laws, ch. 24,
Ward vs. Kropf, 120 N. Y. Sup. 476.
Sec. 6).
Women may vote on any legal bonding
3.
proposition, i.e., where the proper retirement clause
is inserted. Explains away People vs.
Moir
Gould vs. Seneca Falls, 121 N. Y. Sup. 723.
Both husband and wife may vote. Rep.
4.
in that case
tion
as
Atty.-Gen. (1904), 354Held that Sec. 41 does not allow women to
vote on proposition to incorporate village. Rep.
Atty.-Gen. (1902), 158.
(Quaere
if
this is
law now in view of present
Sec. 12.)
Incorporation.
Village Law, Sec. 12.
elector qualified to vote at a town meeting
"Every
who has
been a resident of such territory at least thirty
days next preceding such election, and who is the
owner of property within such territory which was
assessed
may
upon the
last
assessment
vote at such election.
roll of
the town,
A woman who
pos-
New York
105
sesses the qualifications to vote at a town meeting, except the qualification of sex, and who has
been a resident of such territory for thirty days
preceding such election and who is the
owner of property within such territory which
was assessed upon the last assessment roll of the
town may vote at such election."
Sec. 336.
''Where a right is granted by this
chapter to institute a proceeding, make an application, present a petition or take an appeal, such
right may be exercised by an adult resident or
next
woman who owns
property assessed upon the last
preceding assessment roll of the village."
Women not authorized by this section to sign
petition requesting submission of proposition to
electors
(Vil.
Law, Sec.
59).
Rep. Atty.-Gen.
(1901), 198.
OFFICE-HOLDING. Women can hold any
the state with a few minor exceptions.
office in
Law II., Sec. 3. "No person
be capable of holding a civil office who shall
not at the time he shall be chosen thereto be of full
age, a citizen of the United States, a resident of
the state, and if it be a local office, a resident of
Public Officers,
shall
the political sub-division or municipal corporation
of the state for which he shall be chosen, or within
which
his
official
functions are required to be
exercised."
Const., Art. IV., Sec. 2.
Governor and
lieuten-
106
Women
Political Status of
ant-governor
must be
citizens
of
United
the
States.
Education Law, Sec. 141.
officer must be a resident of his
fied to
"Every district
and quali-
district
vote at the meetings."
Sec. 302.
School commissioner. "No person
shall be deemed ineligible to such office by reason
of sex
who has
the other qualifications as herein
provided."
(But cf. Matter of Gage, supra.)
Executive Law, Sec. 101. Notaries Public.
No qualification.
Held that it is no ground to return papers in a
proceeding that woman acted as notary. Cannot
test her eligibility in a collateral proceeding.
Open question whether women can hold office in
New York. Findley vs. Thorn, i How. Pr. 76.
Gen. City Law, Sees. 90-97.
Police matrons
in cities of twenty-five thousand or more inhabitants.
(Prison matrons, Prison Law, Sec. 92.)
Judiciary Law, Sec. 460.
citizen of the state."
Attorney must be
"a
Sec. 502.
Jurors must be "a male citizen of the
United States."
State Charities Law, Sec.
Charities,
Sec.
no
81.
Custodial
3.
qualification.
Three
women on board
for
Feeble-minded
Asylum
House of Refuge.
managers to be women.
"In the discretion
Sec. 51.
Sec.
221.
State Board of
Two
of
State
Women.
of the six
of the governor
North Carolina
persons of either sex
may be appointed as managers
(Appointment and Re-
of such institutions."
moval
of
107
of State Charitable Institu-
Managers
tions.)
Town Law,
shall
be
Every elector
any town office."
eligible to
Village
Law,
"
Sec. 81.
"A
Sec. 45.
resident
of a
town
woman who
a citizen of the United States of the age of twentyone years is eligible to the office of village clerk
is
or
deputy
clerk.
.
.
.
Any
resident elector
eligible to any other village office."
Inferior Courts Bill, Art. VI., Sec. 96.
assistant probation officers required.
is
Women
Election Law, Sec. 352, as amended 1910, alwomen who are citizens to act as watchers
lows
and challengers in elections in cities of one million
or more population.
(Repealed 1911, by the Socalled Levey's Election
Law.)
NORTH CAROLINA
GENERAL STATE SUFFRAGE.
Constitution,
Art.
Sec. I.
"Every male person born in the
United States and every male person who has
been naturalized
twenty-one years of age,
the
possessing
qualifications set out in this article
shall be entitled to vote at an election by the
VI.,
.
.
.
io8
Political Status of
Women
people in the State except as hereinafter provided."
Qualifications of residence and registration.
Election Revisal of 1905, Sec. 4315.
not register or vote.
i.
Minors;
2.
Who may
and
idiots
lunatics; 3. convicts.
Revisal of 1905, Sec. 4316. "Subject to the exceptions contained in the preceding section every
male person who has been naturalized, twenty-one
shall
years of age, who shall have resided
... be a qualified elector."
Revisal of 1905, Sec. 4318. Grandfather clause.
.
.
.
SPECIAL OR LOCAL SUFFRAGE. Women have no
form of special suffrage except as freeholders.
Town taxpaying. County and town gov1.
ernment and officers. Const., Art. VII.
Debt or loan by town not to be incurred "unless
by a vote of the majority of the qualified voters
therein."
2.
Sec. 7.
Local option.
On
registered voters of city or
election.
petition of one third
town there shall be an
Revisal, Sec. 2069.
Conducted as other municipal
sal, Sec. 2670.
School.
3.
elections.
Revi-
"In any township, upon
petition
of one-fourth of the freeholders of the township
the board of County Commissioners
.
.
.
.
shall
hold an election
high
school,
election
..."
to
.
.
for special tax for
be held
"under law
governing general elections as nearly as
may
"
be,
North Carolina
109
"qualified voters" to be electors thereat.
Sec.
4H3.
Substantially
cities
"
same
for special school
and towns where there
One-fourth
election.
Same
the
of
freeholders"
Sec. 4114.
in special school districts.
of the freeholders"
petition
fund in
no regular
is
for
tax.
for
petition
"One-fourth
Sec.
election.
4H5.
Women
OFFICE-HOLDING.
"Every voter
in
hold no
offices.
North Carolina except as
this Article disqualified shall
be
in
"
eligible to office
Const., Art. VI., Sec. 7.
Atheists and convicts.
Disqualifications.
(oath required).
Sec.
8.
Special qualifications:
Senator
must be
Const., Art.
citizen
and inhabitant.
II., Sec. 7.
Representative.
Elector
and
resident
of
Sec. 8.
county.
Governor must be citizen and resident. Lieutenant-Go vernor must be citizen and resident.
Art. III., Sec. 2.
Judges, solicitor, sheriff and coroner.
Art. III.
No
quali-
fications.
State Board of Education.
ernor,
auditor,
of gov-
secretary of State,
superintendent of public in-
lieutenant-governor,
treasurer,
Composed
1
10
Political Status of
struction
Women
and attorney-general.
Const., Art. IX.,
Sees. 8, 9, 10, Revisal 4030.
County Board of Education. Appointed by
"
general assembly to be three men in each county of
good business qualifications."
Revisal, Sec. 4119.
County Superintendent. Elected by County
Board of Education. No qualifications. Sec.
4135.
School Committee, "three intelligent men of
good business qualifications," chosen by Board of
Education.
Sec. 4145.
Superintendent of insane hospitals
matrons "if he shall think proper
No
provision as to
being women.
member
may appoint
to do
so."
of board or physician
Revisal, Sec. 4565.
No qualifications
Attorneys.
except that applicant must be twenty-one years old and of good
moral character.
Jurors.
Jury
Revisal, Sec. 207.
list
made from
tax returns to be
composed of such persons "as have paid all the
taxes against them for the preceding year and are
of
good moral character and of
sufficient intelli-
Revisal, ch. 45, Sec. 1957.
Notaries.
Governor appoints "one or
gence."
persons."
office
and
more
fit
Ch. 55, Sec. 2347.
(Held to be an
therefore women are not allowed to
serve.)
Board of Public Charities. Five
chosen by general assembly. Ch. 85,
Charities.
electors
Sec. 3913.
in
North Dakota
13 L. R. A. 721
Jamesville R. R. vs. Fisher,
(N. C.).
an
Minor may be deputy
sheriff, i.e.,
and
officer (Const., Art. VI., Sees. 4, 5),
fore others than
an
not
there-
elector eligible.
NORTH DAKOTA
Women
GENERAL STATE SUFFRAGE.
state suffrage but may acquire
stitutional amendment.
it
have no
without a con-
Constitution, Art. V., Sec. 121.
"Every male
of
the
of
person
age
twenty-one years and upwards
.
.
.
(belonging
to
classes
following
and with
be deemed
certain age requirements)
shall
a qualified elector at such (any) election:" a.
citizen of the United States; b. holders of first
.
papers (struck out by
.
.
Amendment II.)
;
c.
civilized
Indians.
Sec.
122.
to
"The
make
legislative
assembly
shall
be
further extensions of suffrage
empowered
at
its
hereafter,
discretion, to all citizens of mature
age and sound mind, not convicted of crime,
without regard to sex, but no law extending or
restricting the right of suffrage shall be in force
until
adopted by a majority of the electors of the
State voting at a general election."
(N.B.
latures
An amendment must pass two legisand be passed by majority of electors
qualified to vote for Legislature.)
ii2
Political Status of
Women
Code, Sec. 605. "Every male person
shall be a qualified elector"
(resident)
Political
.
.
.
.
.
.
citizen of the
a.
if
United States; b. civilized
Indian.
OR LOCAL
SPECIAL
SUFFRAGE.
school suffrage, but not for
1.
all
Women
have
school offices.
Women
County and municipal.
expressly
excluded.
Legislature
is
when majority
to organize counties and towns
Const.,
legal voters wish it.
of
Art.X.
City electors are every legal voter resident in
city.
2.
Sec. 2744.
School.
"At any
election of school officers
any school corporation in this state, all persons
who are qualified electors under the general laws
of the state and all women twenty-one years of
in
age having the necessary
citizenship
qualifications as to
of male voters
and residence required
be qualified voters and shall be
eligible to the office of county superintendent
of schools, school director or member of board of
education or school treasurer, or may be judge or
by
law,
shall
clerk of such
election."
Political
Code,
Sec.
799Officers
to be elected are school directors.
Sec. 797.
(N.B.
elected at
Superintendent
of
general election
Public
by
Instruction
qualified voters
North Dakota
113
and Pol. Code, Sec. 747), and
not vote for him.)
(Const., Sec. 150
women do
County Superintendent of schools elected at
same time as other county officers. Political
Code, Sec. 764
i.e.,
not election in "school corfor him.
poration*' and women do not vote
OFFICE-HOLDING.
Women hold
only school
offices
and appointive offices.
"Every elector is eligible to the office for which
he is an elector, except when otherwise specially
provided and no person is eligible who is not such
an elector." Political Code, Sec. 317. (Does
;
this affect eligibility of
women
to
County Superintendent and Superintendent of Public Instruction
because elected at a general election where women
cannot vote? Question not passed on but probably not, in view of the following.)
"Any woman having the qualifications enumerated in Sec. 121 of this Article as to age, residence
citizenship, and including those now qualified
the
laws of the territory, may vote for all
by
school officers and upon all questions pertaining
solely to school matters, and be eligible to any
and
school office."
"At any
Const., Sec. 128.
election of school officers in
any school
corporation in this state, all persons who are
qualified electors under the general laws of the
all women twenty-one years of age
the
having
necessary qualifications as to citizen-
state,
and
ship
shall
Women
Political Status of
ii4
and residence required of male voters by law,
be qualified voters and shall be eligible to
the office of county superintendent of schools,
school director or member of board of education or school
clerk
treasurer,
such
of
or
election."
be
may
Political
judge or
Code, Sec.
799Qualifications
for
"All male citizens
electors,
and
.
particular offices.
Jurors.
the
having
qualifications of
.
.
sound mind and
of
discretion.
..."
Pol. Code, Sec. 514.
Attorneys.
in
Power to admit to the bar is vested
Supreme Court.
Pol. Code, Sec. 495.
Quali-
mention of sex) Must be a resident
of good moral character.
Sec. 496.
School for Deaf and Dumb. No qualification
fixed for trustee and no requirements as to woman
fications (no
.
Pol. Code, Sec. 133.
Sec.
Institution
Asylum.
152.
physician, etc.
Blind
Feeble Minded
Sec.
Sec.
Insane
1172.
Industrial
1150.
Asylum
Sec.
for
School-
1181.
No
qualifications.
Notary
among
Public.
Governor
appoints
the citizens of either sex."
"from
Sec. 535.
Senators must be qualified electors and residents.
Const., Art.
II.,
Sec. 28.
Representatives must be
residents.
qualified electors
and
Sec. 34.
Governor and Lieutenant-Governor must be
Art. II., Sec. 73.
electors and residents.
Ohio
115
Judges of the Supreme Court.
and
resident.
and
elector.
Lawyer,
citizen,
Art. IV., Sec. 94.
of
the
district court.
Lawyer, resident,
Judges
Sec. 107.
Same
County Judge.
Sec. in.
Justice
the peace
of
as district,
and
i.e.,
police
elector.
magistrate.
No qualification.
OHIO
GENERAL STATE SUFFRAGE.
Women
have no
state suffrage.
Constitution, Art. V., Sec. I.
"Every white
male citizen of the United States of the age of
twenty-one years
an
of
elector
.
.
and be
.
shall have the qualifications
entitled to vote at all elec-
Annotated Statutes, 1908, Sec.
2926J.
"Every male person who is a citizen of the
United States and a lawful resident of this state,
and of any city wherein registration is required
"
shall
be registered.
Bates's
tions."
.
.
.
.
.
.
Sec. 2919-1.
tors" only
may
Primary
elections, "qualified elec-
vote.
SPECIAL SUFFRAGE.
Women have a limited school
suffrage.
I.
An. Stat., Sec. 3970-12. "Every
born in the United States or who is a wife
Schools
woman
n6
Political Status of
Women
or daughter of a citizen of the United States,
is
who
over twenty-one years of age and possesses the
necessary qualification in regard to residence as
is provided for men shall be entitled to vote and
be voted for for member of the Board of Education
and upon no other question, [i.e., not for State
Superintendent or on bond issues]. The law
relative to registration shall apply to women upon
whom the right to vote is conferred, but the names
women may be
of such
(91 v. 182,
list."
(N. B.
97v.
As enacted in
be constitutional.
placed upon a separate
354.)
91 v. 182 this was held to
State vs. Board of Education,
9 C. C. 134; 2 O. D. 94, construing Const., Art.
V., Sec. i.)
"The
power of the
constitutional
to provide for
Common
Schools
is
legislature
not limited by
the definition of elector in Constitution, Art. V.,
Sec. I, and the right to vote for school officers may
be conferred on women." Also the right to be
voted for. State vs. Board of Education, supra.
To
the same effect.
State ex rel vs. Cincinnati,
19 Ohio 178.
2.
Municipal suffrage. Women have none.
An. Stat., Sec. 1536-984. A person qualified
as a county elector residing in a municipality is a
qualified municipal elector.
3.
An. Stat., Sec. 4364-24.
option.
one fourth of the qualified electors in
Local
"When
any township, residing outside
of
any municipal
Ohio
117
incorporation, shall petition trustees
shall be a special election "conducted in
.
as provided
trustees.
"
by law
.
." there
all
respects
for the election of township
"Majority of qualified electors
any municipal corporation
..." may file a petition with the mayor and have
a public hearing on the question.
"The term 'qualified elector'
Sec. 4364~30g.
as used in this act means registered male voters
in all municipal corporations which have registration and all other male voters entitled to
In municipalities which do not
register. ...
have registration such male voter or male qualified
elector must be a bona fide resident. ..."
Sec. 4364-3Oa.
of residence district of
OFFICE-HOLDING.
Constitution, Art. XV., Sec.
"No
person shall be elected or appointed to
4.
any office in this state unless he possesses the
"
qualifications of an elector.
The act of 86, v. 221 creating a board of workhouse directors composed of females for the female
department creates an office and this can only be
held by electors, construing Const., Art. XV.,
Sec. 4.
An.
State ex rel
Stat., Sec.
by governor on
among
vs. Rust,
4 C. C. 329.
Notaries public appointed
certificate of certain judges,
from
the citizens of the state.
A woman
rel vs.
Rupp
no.
cannot act as notary public. State ex
Adams, 58 O. S. 612, construing Const.,
n8
Political Status of
Women
4 and Const., Art. V., Sec. I.
Compare also State vs. McKinley, 25 Bull 32,
57 O. S. 628.
"No person shall be excluded from
Sec. 565.
Art. XV., Sec.
acting as an attorney-at-law and practising in all
the courts of this state on account of sex." (75
v. 563, Sec. I.)
"The custody, conadministration
and
together with the erection
and equipment of free public libraries established
Sec.
1536, Sub-sec. 934.
trol
by municipal corporations shall be vested in six
trustees, not more than three of whom shall belong
to one political party and not more than three of
whom shall be women.
Every woman born
.
.
.
or naturalized in the United States of the age of
twenty-one years and upward, who shall have been
a resident of the state for at least one year, and of
the city or village in which any such library may
be established for a period of thirty days, shall
be qualified to be appointed and serve as such
trustee."
(N.B.
(96 v. 91, Sec. 218; 97 v. 35.)
Has this section 1536 been passed on in
any court?
Quaere
if
constitutional under con-
struction given Const., Art. XV., Sec. 4.)
Com-
pare also with the following:
"This section, Const., Art. XV., Sec. 4, does not
apply to the office of deputy clerk of the Probate
Court and therefore a female is eligible to that
and may lawfully discharge
Warwick vs. State, 25 O. S. 21.
office
its
duties."
Oklahoma
An.
Stat., Sec.
3921 a.
119
School directors must be
qualified electors.
Laws of 1908, p. 32. Child Labor Law. Eight
female visitors appointed by the chief factory
inspector.
Laws of
1908,
p.
349.
Establishes
visiting
committee of women for state benevolent correctional and penal institutions.
An. Stat., Sec. 64oa (89 v. 347). There shall
be female physicians in insane asylums. There
shall be matrons in police stations of cities of
more than ten thousand inhabitants (Sec. 1536685); penitentiaries (Sec. 7388-4), and jails (Sec.
7388a).
OKLAHOMA
GENERAL STATE SUFFRAGE.
Women
have no
general suffrage.
"The
male
qualified electors of the State shall be
citizens of the United States, male citizens
and male persons
of the State,
of Indian descent
who are over twentyone years.
."
Const., Art. III., Sec. I.
Compiled Laws of 1908, Sec. 3193. Elections,
native of the United States
.
.
follows constitution in terms.
SPECIAL
OR LOCAL SUFFRAGE.
Women
school suffrage but not on questions of
bond
have
issue,
120
Political Status of
Women
even for school purposes, and do not vote for
school officers above district officer.
etc.,
School.
"Until otherwise provided by law,
female citizens of this State, possessing like
qualifications of male electors, shall be qualified
I.
all
"
to vote at school district elections or meetings.
Const., Art. III., Sec. 3.
Election for school bonds in cities of the
class to be
Compiled
first
by "qualified electors in district.
Laws, Sec. 8030-31.
District meetings.
Who may vote.
"-
"All female
persons over the age of twenty-one years who are
citizens of the United States or shall have declared their intentions to
shall
become
such,
and who
be residents of the District at the time of
"
offering to vote.
Compiled Laws, Sec. 8054.
for
petition
high school may be filed by one
third electors.
Compiled Laws, Sec. 8134.
A
Election on high school question to be held as
elections for county officers, that is, women may
not vote for it. Compiled Laws, Sec. 8136.
County Superintendents of Public Instruction
are elected with other county officers,
do not vote
for them.
i.e.,
women
Compiled Laws, Sec. 7965.
female
who
is
entitled
to vote for members
"Any
of the school board may be registered for such
purpose by the regular registration officer of her
precinct during the period when his books are
open for general registrations. Females who so
registered shall be listed by the registration officer
Oklahoma
in a
list
121
or book separate from the general regisCompiled Laws, Sec. 1016.
tration list."
Municipal suffrage. Women have none.
board of freeholders who shall be qualified
electors and elected by qualified electors to frame
charter of city. Charter adopted by vote of quali2.
A
fied electors.
Municipal
Const., Art. XVIII., Sec. 3.
Elections.
General
law
governs,
(Sec. I002a).
Question of issue of bonds, granting franchise,
etc., submitted to "qualified electors of municipality."
Compiled Laws,
Sec. 1018.
"All electors entitled to vote at any general
town election and who are qualified to
city or
vote according to the provision of the Constitution or law applicable to the question shall be
"
entitled to vote at such election.
Sec. 1020.
Bonds
section.
for
school purposes
come under
this
Sec. 1021.
OFFICE-HOLDING. Women may hold any
from which they are not specially excluded.
office
Qualifications for particular offices.
Legislators
electors."
Const., Art. V.,
must be "qualified
Sec. 17.
Lieutenant-Governor, Secretary of
Auditor, Attorney-General, State
Treasurer, Superintendent of Public Instruction,
State Examiner and Inspector must be "male citizens of United States. "Const., Art. VI., Sec. 3.
Governor,
State,
State
122
No
Political Status of
Women
qualification in the Constitution for Comof Labor,
Insurance Commissioner,
missioner
Mine Inspector, Board of Agriculture.
Commissioner of Charities and Corrections.
"Said officer may be of either sex." Const., Art.
Chief
VI., Sec. 27.
Judge of Supreme Court.
Citizen, resident, and
Art.
Const.,
VII., Sec. 3.
attorney.
Board of Education. Composed of Governor,
Superintendent of Public Instruction,
Art. XIII.
No
Attorneys.
sex
etc.
Const.,
Compiled
qualifications.
Laws, Sec. 252.
Notaries
No
Public.
governor
qualifications,
Sec. 4741.
appoints.
"All male citizens having the qualifiJurors.
cations of electors."
Compiled Laws, Sec. 3991.
OREGON
GENERAL STATE SUFFRAGE.
state suffrage.
Const., Art. II., Sec. 2.
Women
"In
all
have
no
elections not
otherwise provided for by this constitution every
white male citizen of the United States
(and
every white male foreigner with first naturalization
.
.
.
be entitled to vote."
The word "white" rendered void by Fifteenth
Amendment to United States Constitution. Wood
papers)
.
.
.
vs. Fitzgerald,
shall
3 Or. 579.
Oregon
Women have school suffrage.
SPECIAL SUFFRAGE.
1.
Laws
School.
districts,
any
123
of 1898, p. 22.
citizen of the state,
In
all
school
male or female,
married or unmarried, shall be entitled to vote at
any school
election
or school meeting,
who
is
twenty-one years of age and has property of the
value of at least one hundred dollars upon which
he or she is required to pay a tax, provided in districts of less than one thousand inhabitants,
widows and male citizens over twenty-one who
have children in the district of school age shall
be entitled to vote for the election of school
directors or school clerk.
Const., Art. II., Sec. 2, held not to apply to
school elections and statutes permitting women to
vote at such elections are not unconstitutional.
Harris vs. Burr, 32 Or. 348.
2.
Municipal suffrage. Women have none.
Article XI., Sec. 2, of the Constitution,
which
authorizes the formation of municipal corporations
by
special laws
and Art.
y
VI., Sec. 7, authorizing
the election of city officers "in such
may
manner
as
be prescribed by law," do not empower the
legislature to prescribe the qualifications of voters
municipal elections, as "manner" has not
such a broad meaning. The qualifications are
determined by Const., Art. II., Sec. 2. Livesley
at
vs. Litchfield,
47 Or. 248.
OFFICE-HOLDING.
Women
are expressly excluded
Political Status of
124
from county
offices
but are
Women
eligible to practically
all others.
Senators and represenmust be citizens and inhabitants of dis-
Const., Art. IV., Sec.
tatives
8.
trict.
Governor, citizen and
Const., Art. V., Sec. 2.
resident.
Const., Art. VI.
urer,
no
Secretary of State and Treas-
qualifications.
"No person shall be
Const., Art. VI., Sec. 8.
elected or appointed to a county office who shall
"
not be an elector of the county.
Const.,
citizens
Art.
and
VII.,
Sec.
2.
Judges shall be
residents.
"The legislature
Const., Art. VII., Sec. 18.
that the most competent of the
permanent citizens of the county shall be chosen
"
as jurors.
shall provide
"The militia of this
Const., Art. X., Sec. i.
"
state shall consist of all able-bodied male citizens.
Gen. Laws, Sec. 4322.
Women
over the age
of twenty-one who are citizens of the state and
of the United States shall be eligible to all educational offices within the state.
This was held unconstitutional as applying to
the office of county superintendent of schools in
State vs. Stevens, 29 Or. 464, as the constitution
prescribes that
no person
shall hold
county
office
except electors.
A
peremptory writ of mandamus
will issue to
125
Pennsylvania
woman elected school superintendent to compel
her predecessor to turn over the records of the
office and her eligibility will not be inquired into
in such a proceeding, nor will the constitutionality
a
of the statute authorizing
office.
women
to hold such an
Stevens vs. Carpenter, 27 Or. 553.
Gen. Laws, Sec. 1054. "Hereafter women shall
be admitted to practise law as attorneys, in the
courts of this state, upon the same terms as
men."
had not power to
In re Leonard, 12
Prior to this (1891) the courts
admit women as attorneys.
Or. 93-
PENNSYLVANIA
GENERAL STATE SUFFRAGE.
state suffrage.
Const., Art. VIII., Sec.
i.
Women
have no
"Every male
citizen
of twenty-one years of age possessing the following qualifications shall be entitled to vote at all
elections"
(residence,
county tax).
Purdon's Digest of
length of citizenship and
Statutes, Elections, Sec. II.
of registration assessor to enter on qualified
entry list names of "all male citizens twenty-one
years, etc.," as in Constitution.
Duty
Repeated
A
female
in Sec. 91 of Elections.
is
not a qualified elector in this state.
126
Political Status of
Women
Construing the word "Freeman" in Const., Art.
Burnham vs.
Sec. i, of that date (1871).
I.,
20
P.
L.
Phila.
J. 35.
241,
Luning, 9
SPECIAL
Women
SUFFRAGE.
have
no
special
suffrage; there is practically none in the state.
The inhabitants
Pur. Dig. Boroughs, Sec. 146.
' '
,
,
of every borough
bers of the General
.
.
.
entitled to vote for
Assembly are to
mem-
elect the
burgess and town council, etc."
Common Schools, Sec. 64. Directors are to be
elected
by the general
electors.
Common
by
School taxes fixed
Schools, Sec. 35.
the school directors or controllers of the dis-
trict.
Women hold no practical offices
OFFICE-HOLDING.
except school offices, though they are not excluded
by Constitution or statute.
Sec. 5.
Senators and repreand inhabitants.
Governor and lieuConst., Art. IV., Sec. 5.
tenant-governor, citizens and inhabitants.
Const., Art.
II.,
sentatives, citizens
Const., Art. IV., Sec.
7.
Secretary of the
Com-
monwealth, Attorney-General, Superintendent of
Public Instruction, no qualifications.
Const., Art. V.
Judges, no qualifications.
Sec. 3.
"Women twenty-one
Art.
X.,
Const.,
shall
be eligible to any
of
and
age
upwards
years
office of control or
laws of this state.
"
management under the
school
127
Pennsylvania
Const., Art. X., Sec. 3, applies to positions of
control and management only (as state superin-
tendent) and therefore a Board of Education can
determine that only male teachers shall be prinCom. vs. Board of Pub.
cipals of certain schools.
Education, 187 Pa. 70.
Even if a woman is eligible to the office of supervising principal as an office of control and manage-
ment, she need not be elected because she
candidate.
Com.
vs. Jenks,
154 Pa. 368.
is
a
Sherry
vs. Sheppard, 12 Pa. C. C. 168.
Const., Art. XIV., Sec. 2.
County
officers are
to be elected.
Sec.
3.
No
person is to be appointed in a
is a citizen and inhabitant.
county unless he
"A comPur., Dig., Attorneys, Art. I., Sec. 2.
petent number of persons of an honest disposition."
Women may
be admitted under this. Kilgore's
Application, 14 W. N. C. 466, s. c. W. N. C. 475,
D. P. 299; Kast's case,
Married women also eligible,
14; Richardson's case, 3
Pa. C. C. 432.
14.
Kilgore's case, 2 Del. Co. Rep. 105.
Pur., Dig., Charities, Sec. I. -Board appointed
by Governor, no
Infants,
Sec.
qualifications.
Court of
70.
Common
Pleas
appoints a board of visitation of "six or more
reputable citizens" to inspect
all
custodial in-
stitutions.
Juries,
eligible.
Sec.
2.
Qualified
electors
only
are
128
Libraries, Sec.
sons
Women
Political Status of
who
i.
Governor appoints
shall constitute free library
five per-
commission.
Sec. 5.
City Councils appoint local library
board or commission. No qualification.
Lunatic Asylums, Sec. 162. Trustees may appoint a skilful woman physician where there are
male and female patients.
Women may be appointed members of
Sec. 21.
the Board of Visitors, appointed by the State
Board
of Charities (Sec. 30).
Municipal Corporation, First Class.
Sec. 25.
of
member
Sec. 74.
Sec. 698.
Qualification of councilman
of Representatives.
same as
House
Mayor, a
resident.
"No
person shall be eligible as controller of the public schools in the first district
of the
Commonwealth unless he have the quali"
a member of the state senate.
fications to serve as
"From and after the
women being twenty-one
Notaries Public, Sec.
6.
passage of this act,
years of age and citizens of this commonwealth
shall be eligible to the office of notary public."
(1893.)
Police Matrons, Sec. 102.
first
and second
to be appointed.
class, police
In
all cities
of the
matrons are required
Rhode
Island
129
RHODE ISLAND
Women
GENERAL STATE SUFFRAGE.
general suffrage.
Art. II. of Constitution, Sec.
of the United States
citizen
"
I.
.
.
.
have no
Every male
(residing and
shall thereafter
owning real estate in a town)
have a right to vote in the election of all civil officers
and upon all questions in all legal town or ward
meetings so long as he continues so qualified. ..."
One owning land outside town votes at election for
general officers and members of assembly if he
.
.
.
town.
lives in
All officers are elected at the
(N.B.
town and
ward elections.)
Sec. 2 gives taxpaying as alternative to land
owning as qualification.
Amendment
"Every male
(age, residence
VII.,
to Art.
1888,
citizen of the
and
II.,
Sec.
United States
registration)
..."
2.
.
.
.
abol-
i.e.,
taxpaying basis which was the alternative
of Sec. i (land owning) and contained in Sec. 2
ishes
of Art.
or on
II.,
except that to vote for town council
money
still
question
requires
taxpaying
qualification.
Ch.
6,
classes of
Voters, Sec.
male
are voters:
dence;
(i) registered
(2) unregistered,
residence.
i.
"The
citizens of the
following
United States
voters
two
land-owning
.
two
.
."
years' resi-
one year's
130
Political Status of
Unregistered landowners outside of
Sees. 2-3
town (one
Women
year's residence) can vote for general
officers, etc.
Husband's right to possession and to
curtesy appear to be "estates" under the law
(N.B.
entitling
him
to vote.)
OFFICE-HOLDING.
Women
hold no
elective
or
constitutional office except school committee but are
eligible to a number of minor administrative ones.
"No
person shall be eligible to any civil office
(except the office of school committee) unless he
be a qualified elector for such office." Const.,
Art. IX., Sec.
I.
Qualifications for
"
Particular
Officers.
Police
In every city in this state" there shall
Matrons.
matrons
to be recommended by twenty
be police
women in good standing. Gen. Laws, ch. 361,
Sees. 1-2.
Notary Public, appointed by governor.
qualification except that
contained
in
No
Const.,
Art. IX., ch. 24.
Town
no qualifications. Ch. 49.
of Education for State, no qualification
except that one member is to be from each town,
Ch. 63.
elected by general assembly.
Officers,
Board
Commissioner of Public Schools,
Ch. 64.
general assembly.
School
town."
Committee, "three
Ch. 66, Sec. 4.
elected
residents
of
by
the
South Carolina
Women have served;
(N.B.
131
Pawtucket charter
requires one to be a
woman.)
Governor appoints ".
One chief and two
assistant factory inspectors, one of whom shall be
a woman." Ch. 78, Sec. 3.
State Home and School for Children. "The said
board shall consist of seven persons, four of whom
shall be men and three women."
Ch. 102, Sec. 2.
.
.
Institution of the Deaf, nine members of Board,
men and three women. Ch. 101, Sec. I.
six
(N.B.
requires
No other State Institution,
women on its boards.)
not penal,
"All persons over twenty-one years of
Jurors.
age who are qualified to vote in the election of the
city
...
council
or
upon any proposition
to
shall be liable to serve as
impose a tax
Ch.
Sec.
I.
jurors."
279,
Probation Officer. Probation officer shall appoint assistants "of whom one at least shall be a
woman." Ch. 351, Sec. 5.
.
.
.
Board of Female Visitors to all penal institutions
where women are confined. Inspect institutions.
-Ch.
361.
SOUTH CAROLINA
GENERAL STATE SUFFRAGE.
Women
have no
state suffrage.
Constitution,
habitant of
Art.
I.,
Sec.
10.
this State possessing
"Every
in-
the qualifica-
Political Status of
132
Women
tions provided for in this Constitution shall have
equal right to elect officers and be elected to fill
"
offices.
public
Sec.
There
ii.
be no property
shall
qualifi-
cation for any election or to hold office unless
prescribed in this Constitution. Voters are every
' '
male citizen of this state and of the United States
."of age, not under disabilities, and qualified
as to
(c and
(b) registration
(a) residence
.
.
.
.
.
;
;
Art.
Sees. 3-4.
for
Sec. 6.
(i) certain
suffrage:
Disqualified
classes of convicts; (2) idiots and paupers.
d) educational; (e) tax.
"Every male
Elections.
cations
of
as
electors
in
II.,
citizen
.
.
.
constitution)
(qualifi.
.
."-
Civil Code, Sec. 174.
SPECIAL OR LOCAL SUFFRAGE. Women have no
form of suffrage, except certain rights as freeholders.
1.
Local option.
and regulate
Art. VII., Sec. n.
hibit
General Assembly
liquor selling.
may
pro-
Constitution,
Election to determine re-opening of dispensaries.
"Any person who is a qualified elector may vote
at such elections."
(1909.)
Sec. 15,
No. 47.
School tax. Voters are authorized
to levy such tax upon written petition of one
third resident electors "and a like proportion of
resident freeholders of the age of twenty-one
2.
years
School.
.
.
."Civ.
Code, Sec. 1208.
South Carolina
3.
Tax and bond
133
"In authorizing a
any incorporated city or town
issue.
special election in
in this State for the purpose of
bonding the same,
the general assembly shall prescribe as a condition
precedent to the holding of said election a petition
from the majority of the freeholders of said city
or town as shown by its tax books, and at such
elections all electors of such city or town who are
duly qualified for voting under Sec. 12 of this
and who have paid all taxes, state, county
and municipal, for the previous year shall be
Article
allowed to vote
Const., Art. II., Sec. 13.
Wilson vs. Florence, 20 L. R. A. 720, 39 S. C.
392, holds this section of charter constitutional,
.
.
."
at least allows corporations to vote under it.
The General Assembly has power to permit
adult females who own one hundred dollars' worth
of taxable property within the corporate limits of a
town to vote at any election to decide whether
bonds of the town be issued to procure railroad
extensions.
Woodley vs. Town of Clio, 44 S. C.
374, 22 S. E. 410 (1895) construing a Special Act
21 St. at L., Sees. 1068-1069.
Municipal Elections follow constitution.
Civ.
Code, Sec. 197.
OFFICE-HOLDING. Women hold no office except
that of librarian and clerical positions.
"No person shall be elected or appointed to any
office in this
State unless he possesses the quali-
Political Status of
134
an
Women
provided the provisions of
apply to the offices of State
Librarian and Departmental Clerk, to either of
which offices any woman, a resident of the State
fications of
elector:
this section shall not
two
who has
years,
attained the age of twenty-one
Const., Art. XVII., Sec. I.
years shall be eligible."
"
qualified elector shall be eligible to any
"
for.
Const., Art. II., Sec. 2.
Every
office to
be voted
Const., Art.
I.,
Sec. 10
and n.
See supra.
State SuQualifications for particular offices.
no
of
Education,
qualifications.
perintendent
Const., Art. XL, Sec. i.
State Board of Education,
no
qualifications.
Sec. 2.
General Assembly to
school
officers.
make
provision for other
Sec. 3.
appointed by governor, no
Civil
Code, ch. XIX., Sec.
Notaries Public,
qualifications.
662.
No
qualifications for State Librarian (Sec. 725),
State Geologist (Sec. 7354), State Entomologist
(Sec. 741).
County
ch.
officers,
no
qualifications.
Civ. Code,
XV.
School trustees appointed by County Board of
Education from "the qualified electors and taxpayers."
Ch. XXIV., Sec. 1210.
(N.B. State Board appoints County Board,
i.e., there is no election of school officers by the
people
all
along the
line,
except that special school
South Dakota
districts of twenty-five
135
thousand and more inhabi-
may elect such officers. Sec. 1210.) "
Any citizen of this State.
Attorneys.
tants
l '
' '
Any
good moral character who has been
admitted in any of the United States.'* Civ.
person of
Code, Sec. 2813.
Senators and representatives must be electors
Const., Art. III., Sec.
of county.
Governor must be
IV.,
Sec.
3.
7.
and
resident.
Art.
Lieutenant-Governor same.
Art.
IV., Sec. 4.
Judges, citizens
Jurors must be
citizen
and attorneys.
Art. V., Sec. 10.
Sec. 22.
qualified electors.
Clerk of
Sheriff,
Court, Attorney-General,
Coroner, no qualifications.
Solicitor,
SOUTH DAKOTA
GENERAL STATE SUFFRAGE. Women have no
state suffrage, the amendment provided for by
the Constitution having been lost in 1890.
Const., Art. VII., Sec. I.
"Every male person
resident of this State ... if (i) a citizen of
United States (2) holder of first papers
"
be deemed a qualified elector.
;
Sec.
Women
2.
submitted
.
.
.
.
amendment
November, 1890).
"Every male person
.
shall
to
be
(lost
Elections.
state
suffrage
.
shall
resident of this
be entitled to vote at any election
Political Status of
136
Women
and all persons possessing the qualimentioned in this section shall be eligi-
in this state,
fications
ble to
office except as is otherwise provided
the Constitution or by law." Political
any
for in
Code, ch.
19, Sec. 1866.
Women have fairly
SPECIAL OR LOCAL SUFFRAGE.
complete school suffrage.
"Any woman having
Schools.
I.
cations enumerated in Sec.
I
the qualifiof this Article, as
to age, residence and citizenship, including those
qualified by the laws of the territory, may vote at
any
may
election held solely for school purposes and
hold any office in this State, except as other-
wise
provided in
this
Art. VII., Sec. 9.
Board of Education
Constitution."
and treasurer
Const.,
of school
district elected.
(N.B. County Superintendent and State Superintendent of Schools elected at general election.
of 1907, ch. 135, as amended by Laws of
1909, ch. 45, Sec. 180. Therefore women do not
vote for them.)
Laws
The law governing
school taxes
is
as follows:
Chapter 21, of Public Securities (mainly
chapter 135, Laws of 1907)
from
:
(a)
School districts created by special act, etc.
Sec. 194.
Bonds for school purposes issued when
approved at elections
electors."
by "majority
of qualified
South Dakota
Sec. 195.
city or
(b)
town
137
Election conducted as election for
officers.
School bonds issue in ordinary school dis-
trict.
Bonds
for school
improvements in
school district issued when approved by "qualified
electors" at election held after petition of one
Sec.
151.
third of the voters, at regular or special meeting.
bond issue.
(c) Cities of the first class
"All persons male or female who are
Sec. 164.
qualified electors under the laws of the State shall
be competent to vote at such elections'* (submitted to city election by Board of Education).
Pol. Code, Sec. 1410.
suffrage.
incorporated under this act (ch. 14) by
petition of fifty legal voters and election of "legal
voters."
2.
Municipal
Town
Towns.
ers
Incorporation by County Commissionwith assent of "qualified voters" at special
election.
Pol. Code, ch. 15, Sec. 1417-25.
OFFICE-HOLDING. Women may hold any office
from which they are not expressly excluded. Cf.
Const., Art. VII., Sec. 9, supra.
Qualifications for Particular Offices.
Senator
and representative must be qualified electors,
and residents. Const., Art. III., Sec. 3.
Governor and lieutenant-governor must be qualified electors and residents.
Const., Art. IV.,
citizens,
Sec. 2.
Political Status of
138
Women
No
qualification for secretary of state, auditor,
treasurer, superintendent of public instruction,
commissioner of school and public lands, attorneygeneral.
Sec. 12.
Judge must be
citizen
and attorney.
Art. V.,
Sec. 10.
States Attorney
must be
resident
and lawyer.
Sec. 25.
appoints "three competent citizens" as
Pol. Code, Sec. 1401.
"No
Attorney.
person shall be refused a
Mayor
trustees of libraries.
license
under
this Article
on account
of sex."
Pol. Code, Sec. 685.
Insane Hospital. Matron required to be appointed. Pol. Code, Sec. 523.
School for Deaf Mutes. Matron required to be
appointed. Pol. Code, Sec. 566.
State Board of Charity and Correction.
persons appointed by governor.
Five
Pol. Code, Sec.
171.
Governor appoints "from among eligible citizens," notary public. Pol. Code, Sec. 5733.
"All county, township and district officers shall
be electors in the county, township, or district
in
which they are
elected, provided that nothing
in this section shall prevent the holding of school
offices by any person as provided in Sec. 9, Art.
VII." Const., Art. IX., Sec. 7.
There shall be appointed by governor "three
women who shall constitute a committee for
Tennessee
139
mute school and penitenand reform school," to report on sanitary
condition and treatment. Pol. Code, Sec. 307.
(N.B. These are not exclusively feminine ininsane hospital, deaf
tiary
stitutions.)
TENNESSEE
GENERAL STATE SUFFRAGE.
Women
have no
state suffrage.
"Every male person
of the age of twenty-one
years, being a citizen of the United States
shall be entitled to vote for members of the general
.
.
.
assembly and other civil officers for the county or
district in which he resides. ..."
Poll tax
required and no other qualification to be attached
to right of suffrage.
Sec. i.
Const, of 1870, Art. IV.,
(N.B. "The provision that words importing
the masculine gender include the feminine will not
be given such a broad construction as to hold the
office of
Notary Public, or any other
vote."
State ex
rel.
office,
or to
vs. Davidson, 8 Pickle 535,
536.)
"Every male person" follows
Code of 1896, Sec. 1167.
constitution in
terms.
SPECIAL OR LOCAL SUFFRAGE. There exists practically no limited suffrage in the State.
Const, of 1870 contains no provision on educa-
Political Status of
140
tion
Women
(except general encouragement of learning
and school fund).
(N.B. There are
no
school
tion, held
Code
by
Sheriff,
the
elections
district director is elected at regular
August
elec-
under regular election laws.
of 1896, Sec. 1419.)
OFFICE-HOLDING.
State ex
rel.
Women
vs. Davidson,
hold
no
office.
Cf.
supra, except certain
school offices expressly opened.
"All males of the age of twenty-one years, who
are citizens of the United States and of this
State,
and have been inhabitants
of the State,
district or circuit the period required
county,
by
the Constitution, and laws of the State, are
qualified to hold office under the authority of
this state except: ..."
(i) bribe offerers or
takers or other infamous criminals; (2) duelists;
(3) defaulters.
Code, Sec. 1069.
Const., Art. IX., disqualifies for office:
(i) min(from legislature) (2) atheists (3) duelists.
ister
;
;
(N.B.
This
is
the only section on officers in
Constitution.)
Qualifications for particular offices.
Representative must be a citizen of United States and
Tennessee and resident.
Const., Art.
II.,
Judges and Attorney-General must be
Sec. 9.
resident.
Const., Art. VI., Sees. 3-5.
Other State and County
tions.
Const., Art. VII.
officers,
no
qualifica-
Tennessee
141
State Superintendent of Education appointed
by governor, no
qualification.
Code
of
1896,
Sec. 1403.
"Women of the age of twenty-one years, and
otherwise possessing the necessary qualifications,
shall
be
eligible for said position of
County Super-
intendent of Education."
District Director.
Sec. 1410.
"Any person shall
to the office of director
who
is
be
qualified
eligible
by being
able to read intelligently and write legibly, to
perform the duties required." Code, Sec. 1418.
Code
of 1896, Sec.
Equal pay
1446.
clause.
1873.
State Librarian.
"Women
the office of librarian."
shall
be
eligible to
Code
of 1896, Sec. 1379.
Notaries Public.
"Elected by the justices of the
"
Code of 1896,
peace in county court assembled.
Sec. 1144.
Sec.
Same,
3194.
Women
not
eligible.
Cf.
State vs. Davidson,
supra but
Eligibility of woman not to be questioned in
collateral proceeding since she is a de facto officer.
Stokes vs. Acklin, 46 S.
vs. Smith, 47 S. W. 1102.
W.
316, 3rd Nat. Bk.
Jurors.
"Every male citizen who
or householder."
Code, Sec. 5813.
is
a freeholder
Charitable Institutions (Sees. 2578-2677) as to
composition of boards, there are no provisions.
;
Board
of
governor, no
State Charities.
qualifications.
Six,
appointed by
Sec. 2672.
Political Status of
142
Women
Ex parte Griffin, 71 S. W. 746 (1901), women
held ineligible as attorney, construing Sec. 5773
of Code of 1896, which contained no provision
as to sex.
Strong dissenting opinions. Decision
resulted in the following law:
"That any woman of the age of twenty-one
years,
and otherwise possessing the necessary
who shall hereafter apply for the
same, may be granted a license to practise law in
"
the courts of this State.
Laws of 1907, ch. 69.
"Although a woman may be a citizen, she is
not entitled by virtue of her citizenship to take
qualifications,
any part in the government,
either as a voter or
an
officer, independent of legislation conferring such
State vs. Davidson, 92 Tenn.
rights upon her."
357, 8 Pickle 351, 22 S.
W.
203, 20 L. R. A. 311.
TEXAS
Women
GENERAL STATE SUFFRAGE.
general suffrage.
Const., Art. VI., Sec.
I.
The
of persons not allowed to vote:
and
have no
following classes
minors, idiots
soldiers. Sec.
lunatics, paupers, felons,
2.
"Every male person subject to none of the foregoing disqualifications, who shall have attained
the age of twenty-one years
a qualified elector." Civil
.
.
.
shall
be deemed
Stat., Sees. 1730
re-enacts
constitution
in terms.
1731
and
Texas
SPECIAL
SUFFRAGE.
143
Women
have no limited
suffrage, except certain rights as freeholders.
1.
Municipal suffrage to
Municipal suffrage.
be the same as state suffrage except that only
taxpaying electors vote on questions of expending
money or insuring debt in city. Civ. Stat., Sec.
(Cf. also Const., Art. VI., Sec. 3.)
School suffrage. Elections on question of
"All persons who
raising tax in school districts.
are legally qualified voters of this state and of the
17342.
county of their residence and who are resident
shall be
property taxpayers in said district
.
entitled to vote in
any school
.
.
district election."
Civ. Stat., Sec. 3942.
If "two-thirds of the taxpayers of such city or
town shall vote for such tax," the city may levy
one for school purposes, "provided the charter
allows."
Const., Art. XII., Sec. 10.
valorem school tax authorized provided two
thirds of the qualified property taxpaying voters
Ad
of the district vote
it.
Const., Art. VII., Sec.
3-
Parents
may
and petition
unite to form a school
community
a school. Civ. Stat., Art. 3947.
School tax in towns and villages. "No person
shall vote at said election unless he is a qualified
voter under the constitution and laws of this
state and a taxpayer in such incorporated district.
3.
for
"Sec. 3998.
Local option.
Election on question to be
Political Status of
144
Women
by qualified voters. Civ. Stat., Art. 3389.
also Const., Art. XIV., Sec. 20.
Miscellaneous.
4.
Legislature
Cf.
pass stock
may
"Provided that any local law thus passed
shall be submitted to the freeholders of the section
to be affected thereby and approved by them
law.
before
it
go into
shall
effect.
"Const.,
Art. XVI.,
Sec. 23.
Women hold no offices though
OFFICE-HOLDING.
they are not excluded from any by general provisions and from only a few by special provisions.
Governor must be citizen and resident. Const.,
Art. IV., Sec. 4.
Lieutenant-Governor, same.
Sec.
1 6.
Senators and representatives must be qualified
electors.
Const., Art. III., Sees. 6-7.
secretary of state, attorney-
No qualifications for
general, controller, treasurer, and
Art. IV.
of general land office.
commissioner
Justices of the various courts must be citizens
Const., Art. V., Sees. 2-6.
and attorneys.
School trustee must be able to read and write
only qualification. Civil Stat., Art. 3953 a
-
Governor to appoint convenient number of
notaries public, not to exceed six for unorganized
Civ. Stat. Art. 3503.
counties. No qualifications.
,
Cf. also Const., Art. IV., Sec. 26.
Attorneys,
Arts. 255-56.
"any person," no
qualifications.,
Utah
145
managers of lunatic asylum. Five
persons appointed by the governor, no qualifica-
Board
tions.
of
Art. 89.
Blind Asylum, same.
Mayor and Aldermen
Art. 144.
of
towns must be
electors.
-Art. 395.
Jurors, "all male persons
years of age." Art. 3138.
over
twenty-one
no qualifications
Act of 1909, p. 228, Sec.i.
A woman may be a deputy clerk of a county.
Delany vs. State, 48 Tex. Cr. Rep. 594, 90 S. W.
Board
of Nurses' examiners,
as to sex.
642.
UTAH
Women
"The
have
full political rights.
right of citizens of the State of Utah to
office shall not be denied or abridged
vote and hold
on account
of sex.
Both male and female
citizens
of this State shall enjoy equally all civil, political and religious rights and privileges."
Const.,
Art. IV., Sec.
i.
qualification for male citizens alone
unconstitutional.
Lyman vs. Martin, 2 U. 136.
Taxpaying
is
Compiled Laws.
Sees. 803-4, Registration, reof
Sees. I and 2 of Constitution
peats qualifications
with form of oath and questions (Art. IV., Sec.
2 deals with residence).
146
Political Status of
Women
"A female citizen"
Compiled Laws, Sec. 1299.
exempt from jury duty.
VERMONT
Women
GENERAL STATE SUFFRAGE.
state suffrage.
Const., Sec. 21.
have no
"Every man
of the full age of
twenty-one years, having resided in this state for
the space of one whole year next before the elec-
tion of Representatives,
and
if
and
of a quiet
peaceable behavior and will take the following
oath or affirmation shall be entitled to all privileges of a
freeman of
Amendment
this State."
"No
who is not already
be entitled to exercise
the privileges of a freeman unless he be a natural
born citizen of this or some one of the United
States, or until he shall have been naturalized
I.
a freeman of this
person
state, shall
agreeably to the acts of Congress."
Public Statutes of 1906, Sec.
"Every male
(residence)
.
citizen
.
.
Voters.
69.
years of age
twenty-one
have a right to vote at
.
.
.
shall
"
such (general election).
(N.B. Freeman's oath, Constitution, Sec. 21,
still
retained.)
Constitution, Art. VIII.
a
sufficient, evident,
ment
"All free men, having
common
interest
and attach-
to the community, have the right to elect
Vermont
147
and be elected to
officers,
made
regulations
office, agreeably to the
Constitution."
in this
Women
SPECIAL OR LOCAL SUFFRAGE.
school suffrage.
1
School suffrage.
have
full
' '
Women, twenty-one years
have the same right as men to vote
on matters pertaining to schools and school
officers, and the same right to hold elective and
.
of age, shall
appointive offices relating to school affairs."
Pub.
Stat., Sec. 986.
Woman
must be on tax
own name.
list
like
man
in her
School District vs. Bridport, 63 Vt.
383.
Local
2.
questions,
Town meeting votes on
women do not vote. Pub. Stat.,
option.
i.e.,
Sec. 5104.
Property owner can object to issuance of adjoining license.
Town
3.
Sec. 5119.
franchise.
Voters.
"A
male
citi-
zen
shall be
(on list and taxes paid)
"
a voter in town meetings.
Pub. Stat., Sec. 3410.
.
.
.
.
.
.
OFFICE-HOLDING. There is no express exclusion
women from any office and a number of minor
of
offices,
including school offices, are expressly
open.
"All free men, having a sufficient, evident, common interest and attachment to the community,
have the right to
elect officers,
and be
elected to
Political Status of
148
Women
agreeably to the regulations made in this
Constitution." Constitution, Art. VIII.
Senators
Qualifications for particular offices.
office,
must be freemen
of the County.
Amendment
to
Const., Art. IV.
Representatives must be freemen of the County.
Amendment to Const., Art. XXIII.
11
A woman
twenty-one years of age
may
be
elected or appointed town clerk, town treasurer
and trustee of town libraries, provided she has
resided in such town one year preceding such
election or appointment."
Pub. Stat., Sec. 3429.
Notaries Public. "Women twenty-one years of
"age shall be eligible to such appointment.
Pub. Stat., Sec. 3408.
Attorneys. Rules regulating admission adopted
by Court.
Pub.
Stat., Sec. 1337.
Reformatory and Penal Institutions. Board
of visitors, composed of Governor, lieutenantgovernor and speaker, for state penal and insane
and private insane institutions. Pub., Stat., Sec.
"The Governor may in his discretion
6017.
appoint a woman, a citizen of this state, as a
member of said board. The duties of such woman
member shall be only to examine into the regulations
and management
of each institution so
far as relates to the female persons therein con-
fined."
149
Virginia
VIRGINIA
Women
GENERAL STATE SUFFRAGE.
state suffrage.
Const., Art.
II.,
have no
"Every male
Sec. 18.
citizen
of the United States of twenty-one years of age
.
.
shall be entitled to vote for
(resident)
.
.
members
elective
.
.
of the General
Assembly and
all officers
by the people."
Sec. 23 excludes idiots, insane, paupers, criminals, duelists.
Annotated
Sec.
"Every male
Voters.
States
Code,
62.
Qualifications of
citizen of the United
years of age
(resident and poll tax, etc.)
shall be entitled
to vote for members of the General Assembly and
all officers elected by the people and in any special
election or local option election in any county,
district, city or town. ..."
twenty-one
.
.
.
SPECIAL OR LOCAL SUFFRAGE.
form of special suffrage.
.
.
.
Women
have no
Local option. Elections by qualified elecheld on petition of qualified voters. An.
Code, Sees. 581 to 584. Cf. also An. Code, Sec.
1.
tors
62, supra.
At meeting of school submale persons qualified to vote for
members of the general assembly
(taxed)
2.
School suffrage.
district
"all
.
.
.
.
.
.
are entitled to vote concerning such sub-
Political Status of
ISO
district school affairs,
Women
and any person
entitled to
vote at such meeting may be chosen thereby as a
Ch. 240 of
school officer of such sub-district."
Laws
of 1906, Sec. 6.
County,
city,
school taxes.
and town to
raise additional local
An. Code, Sec. 136.
OFFICE-HOLDING.
that of Notary
Women
hold no
offices
except
Public.
"Every person qualified to vote shall be eligible
any office of the state, or of any county, city,
town or other sub-division of the state, wherein
to
resides, except as otherwise
he
provided in this
Constitution and except that this provision as to
residence shall not apply to any office elective by
the people where the law provides otherwise.
Men and women
eighteen years of age shall be
Notary Public, and qualified
to execute the bonds required of them in that
eligible to the office of
"
capacity.
of graduate nurses appointed by Governor
regulate examination and license of nurses.
Board
to
No
qualifications.
An. Code, Sec. I766a~4.
No qualifications.
Board of Dentistry examiners.
An. Code, Sec. 1767.
Board of Medical examiners. "Men learned in
medicine and surgery." Sec. 1745.
Board of Pharmacy. "Five registered pharmacists,"
recommended by
ceutical Association.
Virginia
Sec. 1756.
Pharma-
151
Virginia
male citizens over twenty-one
An. Code, Sec. 3139.
."
Qualifications of Senator and Representative,
"All
Jurors.
years of age.
.
.
that of persons who are qualified to vote for same.
Const., Art. IV., Sec. 44.
Governor must be a
citizen of
United States.
Const., Art. V., Sec. 71.
Lieutenant-Governor.
-Sec. 77.
"Any
Attorneys.
Citizen of United States.
more judges
three or
of the
Supreme Court of Appeals voting together, under
such rules and regulations, and upon such examination as may be prescribed by the said court, may
grant
any male
to
citizen
.
.
."
a
license
in
writing to practise law in the Courts of the State.
An. Code, Sec. 3191.
"Any person duly authorized and practising
as counsel or attorney at law in any state or
territory
.
.
this state."
may
.
.
.
.
practise in the courts of
Sec. 3192.
Held that Supreme Court of Virginia must
decide whether "person" here includes woman, and
Ex parte
if it excludes her she has no redress.
Lockwood, 154 U.
S.
116 (1893), 5 Va.
Law
Reg.
326.
Of Schools.
Board
of
Education.
Const.,
Art. IX., Sec. 130.
Superintendent of Public Instruction elected
School trustees, district, elected (Sec.
(Sec. 131).
!33)-
No
qualifications for
any
of these offices.
Political Status of
152
Women
WASHINGTON
GENERAL
STATE
SUFFRAGE. (See p.
no state suffrage.
Women have at present
157.)
Their
was declared unconstitutional
in Bloomer vs. Todd, 3 Wash. Ter. 59.
"All male persons of
Const., Art. VI., Sec. i.
territorial suffrage
the age of twenty-one years or over possessing
the following qualifications shall be entitled to
"
vote at all elections.
( I ) Citizens, United States
;
(2) residents; (3)
those able to read and write.
Woman
suffrage clause rejected on
of
Constitution, Amendment XXVII.,
adoption
Sec. 17.)
(N.B.
Code
"All
Electors.
1910, Sec. 4752.
."
Constitution.
persons
following
.
male
.
SPECIAL OR LOCAL SUFFRAGE. (See
Women have full school suffrage.
p.
157.)
I.
School suffrage.
"The legislature may provide that there shall be no denial of the elective
franchise at
sex."
any school
election
on account
of
Const., Art. VI., Sec. 2.
"This section of Constitution confers on women
who are eligible the right to vote." Holmes and
Bull Co. vs. Hedges 13 Wash. 696.
"Every person, male or female, over the age of
y
twenty-one years who ... is otherwise, except
as to sex, qualified to vote at any general election,
shall be a legal voter at any school election and
Washington
no other person
shall
be allowed to vote."
153
Code,
Sec. 4661.
Cf. Holmes Co. vs. Hedges, 13 Wash. 696, 43
Pac. 944, which holds this applies to school election
in cities of ten thousand and over, though nothing
said in statute organizing them.
Local option. "Qualified voters" vote on
Code, Sec. 6294.
question.
2.
3.
May
Municipal suffrage. Cities, First class.
frame own charter and control suffrage.
Sec. 7494.
Cities,
Second
class.
in general election.
Cities,
Third
same as
Sec. 7587.
class,
shall elect officers.
Electors to be the
"Qualified electors of City
"
Sec. 7673.
The qualified electors of
Cities, Fourth class.
County under general election laws are electors
of such cities.
Sec. 7725.
Town
meeting electors. "Any person possessthe
ing
qualifications of an elector" in the town.
Sec. 9336.
OFFICE-HOLDING.
stitutional offices.
Women
cannot hold high conQuaere if they may hold any
public office except school
office.
"No
person except a citizen of the United
States and qualified elector of this State shall be
eligible to hold any state office. "-Const., Art.
III., Sec. 25.
Constitution does not in terms say this applies
Political Status of
154
Women
to the high state officers mentioned in this Article
(governor and secretary of state, etc., superintendent of public instruction), but it is noticeable that
given over to such officers and
that "State officer" generally held to mean them.
this
By
Article
is
inference this case considers other offices open
State vs. Smith, 6 Wash. 494.
to non-electors.
Qualifications for particular offices.
Legislator must be "qualified voter of the District."
Const., Art.
II.,
Sec. 7.
Judges. Attorneys.
Persons of either sex
Sec. 17.
may
hold
office of
County
Superintendent of Schools without violating Constitution, and the Legislature may so provide.
Russell vs. Guptill, 13
State Institutions.
by governor.
Wash. 362.
Trustee
of, etc.,
Const., Art. XII., Sec.
appointed
i.
Code, Sec. 6552, requires female assistant commissioner of labor (1909).
"No
person shall be excluded from acting as an
attorney at law and practising in all the courts
of this State on account of sex."
Code, Sec. 128.
"The Governor may appoint and commission as
Notaries Public, as many persons having the qualifications of electors as
he
may deem
"
necessary.
Code, Sec. 8295.
Jurors must be electors and taxpayers.
Code,
Sec. 94.
(Before this section decisions in territory as to
Harland vs.
eligibility of women varied
Cf.
155
Washington
and Hays
Territory, 13 Pac. 453,
vs. Territory, 5
Pac. 927.)
County Commissioners
tors."
of
''three
qualified
elec-
Sec. 3967.
County Auditor must "have the qualifications
an elector." Sec. 3915.
County Treasurer must have the "qualifications
"
of a voter.
Sec. 3937.
Prosecuting
elector."
"Qualified
attorney.
Sec. 3959.
' '
County Assessor.
Qualifications of a voter.
' '
Sec. 3971.
' '
Sheriff.
Qualifications of a voter.
County Engineer.
3974Coroner.
No
' '
Sec. 3985
"Qualified elector."
.
Sec.
Sec. 4007.
qualifications.
County Superintendent of Schools. Elected at
Code, Sec. 4472. No sex qualigeneral election.
fication.
Cf. Russell vs. Guptill, construing this
with Sec. 78 of Laws of 1889-90
856) that
board of
(Hills' Code, Sec.
"he" means "she" when applied to
education and county and city super-
intendent.
Directors of school district elected at school
elections.
No
qualifications
as
to
sex.
Code,
Sec. 4480.
"Whenever the word
'he' or 'his' occurs in this
act referring to either the
board
of
common
directors,
schools,
members
county
city
of
the city
superintendent
superintendents,
of
direc-
Political Status of
156
clerks, state
tors,
school officers
'
'
she,
tions
all
it
Women
board of education or other
be understood also to mean
shall
and any woman possessing all the qualificaof an elector, except as to sex, and possessing
of the other qualifications required by law for
officers shall be eligible to hold such offices."
such
Sec. 4413.
Justice of the peace
Code, Sec. 6516.
Constable.
Librarian.
must be
"qualified voter."
No qualifications.
No qualifications.
Sec. 6524.
Sec. 6972.
Officers of such city to
Cities, Second class.
be "residents and electors." Sec. 7592.
Cities, Third class.
Any officer by election or
must
be
"resident and elector."
appointment
Sec. 76.
Officer must be resident
Cities, Fourth class.
and elector. Sec. 7726.
Towns. Officers (including supervisors, town
Sec. 9338.
clerk, etc.) must be resident electors.
Police Matrons required in cities of ten thousand
Code 7824.
inhabitants.
Matron required in State training school.
Code, Sec. 8599.
State Board
of
Control of Charities consists
of three "citizens of State appointed
Code, Sec. 8931.
by governor.
"
"Hereafter in this State every avenue of employment shall be open to women; and any business, vocation, profession
and
calling followed
and
157
Washington
pursued by
men may be
women, and no person
followed and pursued
shall
by
be disqualified from
engaging in or pursuing any business, vocation,
profession, calling or employment on account of
sex; Provided this section shall not be construed
so as to permit women to
Code, Sec. 6569.
The
hold public
office. "-
two sections of this report, i.e.,
General Suffrage and Local Suffrage, are practically superseded by the Constitutional Amendment
Note.
last fall.
adopted
The Amended
VI. of the Constitution
Article
follows
first
Section
now
I
of
reads
as
:
"Section
I.
All persons of the age of twentyone years or over, possessing the following qualifications, shall be entitled to vote at all elections:
They shall be citizens of the United States; they
shall have lived in the State one year, and in the
county ninety days, and in the city, town, or ward
or precinct thirty days immediately preceding the
election at which they offer to vote; they shall be
able to read and speak the English Language:
There shall be no denial of the elective franchise at any election on account of sex."
How far this affects office-holding has not been
.
.
.
determined, except that by chap. 57,
of the Laws of 1911, women are
to
serve
as jurors in the superior courts
competent
officially
Sees.
I
and 2
of the State, the
same being an amendment to
Political Status of
158
Rem.
Women
Bal. Code, Sec. 94, and also to Sees. 88-93 and
is defined as a body of men.
98 in so far as a jury
WEST VIRGINIA
GENERAL STATE SUFFRAGE.
Women
have no
state suffrage.
"The male citizens
Const., Art. IV., Sec. i.
of the State shall be entitled to vote at all elections
held within the counties in which they respectively
reside. ..."
(Excludes minors, insane, paupers,
convicts,
and requires
residence.)
529, of Annotated Statutes repeats
Constitution in terms.
Ch.
3, Sec.
SPECIAL OR LOCAL SUFFRAGE.
Women
have no
special suffrage.
1.
School
School
suffrage.
Superintendent
"
elected in county by "voters thereof.
Various
school questions, as tax levy, high school, number
of school months,
voters.
2.
An.
Local
etc.,
submitted to the same
Stat., Sec. 1560.
option.
"Inhabitants
of
county"
may
petition against granting license to county
court.
An. Stat., Sec. 925.
Same in cities. An. Stat., Sec. 926.
OFFICE-HOLDING.
"No
shall
Women
hold no
citizens
offices.
entitled
person except
be elected or appointed to any
state,
to vote
county
Wisconsin
or municipal
office.
.
.
."
159
Const., Art. IV., Sec.
4-
''There shall be and hereby is established a
state board to be known as 'The West Virginia
Humane Society' for protection of children and
the helpless aged, and the prevention of cruelty
to animals.
Said board shall consist of four
.
.
.
reputable citizens, one of whom shall be from each
of the four congressional districts and may consist
in part of
women."
An.
Stat., Sec. 482.
person desiring to obtain a
license ..." after application, examination, etc.,
may be admitted to the bar. Sec. 3760.
Notaries Public.
Governor appoints.
Sec.
Attorney.
"Any
2192.
Sec. 2194.
".
.
.
He
(notary public) shall also
be a conservator of the peace within his county and
as such conservator shall exercise all the powers
conferred by law upon justices of the peace."
(Women are not eligible.)
Industrial School for Girls.
All officers, agents
and servants in internal management shall be
'
!'
women."
Supplement, 1909, Sec. i8o6a, 12.
Governor appoints board of five examiners for
nurses, "two of whom may be women."
GENERAL STATE
state suffrage.
WISCONSIN
SUFFRAGE. Women
have no
160
Women
Political Status of
Constitution
"Every male person
III., Sec. I.
belonging to either of the following classes
.
shall be deemed a qualified elector at such
"
(i) Citizens of the United States
(any) election.
.
.
.
.
.
;
(2)
holders of
first
papers
;
made
Indians
(3)
by Act of Congress; (4)
"Provided that the legislature
zens
civilized
may
citi-
Indians,
at the time
extend the right of suffrage to persons not herein
enumerated; but no such law shall be in force
until the same shall have been submitted to a vote
of the people at a general election and approved
by a majority of all the votes cast at such
election."
(N.B. Amendments to Constitution
two legislatures and popular majority.)
"The
legislature
may by law approved as
"
prescribed extend the suffrage to
vs. Philips, 71
require
women.
above
Brown
Wis. 239.
The effect of adopting Sec. i,
Laws of 1885, giving women right
ch.
211,
of
to vote at
elections pertaining to school matters is equivalent
But the
to adding a clause to this section.
statute
is
not self-executing
as to elections at
which other than school officers are to be chosen.
And that an officer does some school duties does
not
make him a
school
officer.
Gilkey vs.
Me-
Women
have
Kinley, 75 Wis. 543.
SPECIAL
OR LOCAL
school suffrage.
SUFFRAGE.
Wisconsin
161
School District Meetings annual and special.
shall have
''Every woman who is a citizen
.
.
a right to vote at such election."
.
Stat.,
Sec.
428a.
/
Wisconsin Statutes of 1898, ch.
5,
Sec. 12, as
amended by Supplement,
Sec. 428a.
(Ch. 285,
School
meetings.
Electors.
1901.)
district
"Every woman who
is
a citizen of this state, of the
age of twenty-one years and upwards (except those
excluded by Constitution III., Sec. 2) ... 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.
Separate ballot boxes shall be furnished
at every election precinct in this State at every
primary, general, municipal or special election for
the use of
women
matters and
desiring to vote on said school
separate ballots shall also be provided
at said election for the use of said
women." This
paragraph was added because the law in its
previous form had been held not to give women the
right to vote on school matters at general elections.
last
Cf. Gilkey vs.
An
election
building carried
Hall
vs.
McKinley, supra.
bond a city for high school
to
by women's
Madison, 107 N.
W.
votes, sustained.
i
(1906).
For the power of the qualified electors to raise
money at town meetings see Annotated Stat.,
ch. 38, Sec. 776.
1
62
Political Status of
Women
While there
is no express prothe general doctrine of
the decisions that a person not an elector cannot
OFFICE-HOLDING.
vision in the statutes,
hold public
State vs.
office.
it is
State vs. Smith, 14 Wis. 497
;
Trumpf, 50 Wis. 103.
Members
Qualifications for particular offices.
of legislatures must be residents and electors.
Const., Art. IV., Sec. 6.
Governor and Lieutenant-Governor must be
and electors. Const., Art. V., Sec. 2.
There is no provision in Constitution as to
citizens
county
officers,
other state officers or judges.
State Superintendent of Education to be elected
qualified voters, "as legislature shall provide."
Const., Art. X., Sec. i.
by
"Every woman of twenty-one years of age and
upwards may be elected or appointed as director,
treasurer, or clerk of a school district, director or
town board under the township
system member of a board of education in cities,
or county superintendent (or town inspector of
secretary of a
;
common
schools)."
Last clause not enacted; left in and
printed in law by mistake. Ch. 120 of 1875.)
Board of Regents of University. "At least one
(N.B.
of
whom
shall
be a woman."
Supplement, Sec.
378.
Board of Regents of Normal schools, 1 1 members
"at least one of whom shall be a woman."
Probation officers. "One or more persons."-
Wyoming
Laws
of
1909,
Sec.
163
4734, amended.
(Ch. 541
of 1909.)
"Five persons, one of whom shall be a woman"
appointed as State Board of Control of Charities.
Supplement,
Statutes,
Sec.
561 a,
ch.
381
(1905).
"No
person shall be denied admission or license
on account
to practise as an attorney in any court
of sex. "Statutes, Sec. 2586, 5.
"The governor shall appoint
who shall be residents and
.
lic,
.
.
Notaries Pub-
qualified electors,
or females of the age of twenty-one years or
upward of the county for which they are apStatutes, Sec. 173.
authorized to practise as an atof record may be appointed
of
court
torney
any
and act as a court commissioner." Sec. 2433.
pointed."
"Any woman
(Duties judicial can punish contempt.)
"Whenever the governor shall deem it expedient
... he may appoint a suitable person, male or
female
.
.
." to
make
investigation
of
State
Institutions.
Sec. 562 (a).
One female assistant factory inspector may be
appointed. Sup. to Stat., Sec. 102 id, ch. 409, L.
of 1901.
WYOMING
Full political rights are accorded women.
"Since equality in the
Const., Art. I., Sec. 3.
1 64
Political Status of
Women
enjoyment of natural and civil rights is made sure
only through political equality, the laws of this
State affecting the political rights and privileges
of its citizens, shall be without distinction of race,
color, sex, or any circumstance or condition whatsoever other than individual incompetency, or
unworthiness duly ascertained by a court of com"
petent jurisdiction.
"The right of citizens
Const., Art. VI., Sec. I.
of the State of Wyoming to vote and hold office
shall
sex.
not be denied or abridged on account of
Both male and female citizens of this State
shall equally
rights
enjoy
all civil, political
and
religious
and
privileges/'
Const., Art. VI., 2
"No person
Sec. 3.
or apshall
be
elected
a
elector
except
qualified
pointed to any civil or military office in the State."
Revised Statutes of 1897, Sec. 378. "When
they possess the other qualifications of an elector,
the rights of women to the elective franchise and
to hold office shall be the same as those of men."
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