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LIBRARY OF THE UNIVERSITY OF CALIFORNIA. Class ,, .. ,. r" "r,."",. " , , , , " 0, ' '0' .... ,.,. ,."::.. ": ,. ,.,. .. ,. .. .0 :",.,. ,.0. l~~:;~:.:::::-~:il ON£ 5rATE I /Wi/HIe/PAt. ~ lIB FOI/R tIIIIIIIIII111WO _ SIIFFfi'A6E. £liilllE£N STATES, .SONIE FtMM OF JCllOOL. !,I~K Sr,fT£S, SG/kJCL ANl) STlfTES, T..+X~rAlIN(; TAX·Plfr~NG· ~VFF~A GE. ,svrFI('AGE OI'lL 1. STATES WITH QUERY; SUF.FF/A6£' AMENDMENTS PENDING., The Political Status of Women In the United States A Digest of the Laws Concerning in the Various States Women and Territories Compiled by Bertha Member of Rembaugh the With an New York Bar Introduction by Harriot Stanton Blatch President of The Women's Political Union G. P. Putnam's Sons New York and London ZTbe fmfcfterbocfter press 1911 The accompanying sion of the map is reprinted Woman's Journal. by permis- COVYRIGHT, igll BY THE WOMEN'S POLITICAL UNION imicfeerbocfcer preee, Hew ffiorfc Women's Political Union Headquarters 46 East Twenty-Ninth New Street York Telephone, Madison Square 3043 EXECUTIVE BOARD OFFICERS Harriot Stanton Blatch Nora Blatch de Forest President Elizabeth Ellsworth Clara Cook Vice-President Grymes Florence Kelley Marcia Townsend Treasurer Eunice Dana Brannan Alice J. Bertha G. Perkins Rembaugh Chairman Finance Committee Caroline Elizabeth Selden Rogers Lexow Executive Secretary Sarah Splint 228544 NOTE OF EXPLANATION ON January 20, 1910, the Conference of Gover- nors at their meeting at the National Capital extended to a committee of The Women's Political Union the privilege of presenting to their honorable the following appeal body : 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 individa copy of the Digest when issued in printed ually 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- THE of this volume and the presentation of cation 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 in cities of over $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 person who shall have acquired the every rights of citizenship under or by virtue of the 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 trustee or 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 right to vote for representatives in the having 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. used in this Act 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 citizen and inhabitant. (Sec. 4.) Governor, 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 privileges be enlarged or restricted by unless 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 disqualified under Const., treasurer, holding 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 cannot give right to vote for superintendent 1891 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 bonds for municipal or school issuing any purposes, and for the 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 good moral character and an inhabitant age, 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 1902, leaving women only suffrage in repealed (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 attorney. States attorney voter, 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 upwards age 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) ..." petition to be examined for woman, may 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 a citizen of the United States 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 incorporation voted on by electors Question Sec. 2694. qualified to vote for township officers. 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 posthe following qualifications shall be ensessing 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. this allows them to vote on bond issue 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 ineligible in absence of express enactment. 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 (not yet reported) (N.B. 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. 1-6); Chancellor (Art. VI., Sec. 4); VI., 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. notaries public from citizens of either sex. 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. 375. Cancellation of Names, 5 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 a citizen of the United States; 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 qualifications set out in this article possessing 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 age of twenty-one years and upwards person . . . (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 discretion, to all citizens of mature hereafter, 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 necessary qualifications as to citizenhaving 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 qualifications of having . . 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 and elector. Lawyer, citizen, resident. 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 together with the erection and 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 high school may be filed by one petition 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. VII., Sec. 3. Const., 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., Phila. 241, 20 P. L. J. 35. 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. "Women twenty-one Art. X., Sec. 3. Const., of age and upwards shall be eligible to any 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. 279, Sec. I. jurors." 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 suffrage: Sec. 6. (i) certain 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. of Education, no 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. 7. and Art. Lieutenant-Governor same. 3. resident. 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 person shall be refused a Attorney. 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. 3194. Same, 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. ." following Constitution. persons . 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 qualifications of an elector" in the town. ing 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 any court of record may be appointed torney 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. a qualified elector shall be elected or apexcept 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." RETURN TO the circulation desk of any University of California Library or to the NORTHERN REGIONAL LIBRARY Richmond FACILITY Field Station Bldg. 400, University of California Richmond, CA 94804-4698 ALL BOOKS MAY BE RECALLED AFTER 7 DAYS 2-month loans may be renewed by calling (510)642-6753 1-year loans to may be recharged by bringing books NRLF Renewals and recharges may be made 4 days prior to due date DUE AS STAMPED BELOW A\\l fi 1993 VC 0876c Do