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LIBRARY
OF THE

UNIVERSITY OF CALIFORNIA.
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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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