153 Notwithstanding these efforts, the very statutes which are intended to be fair to women are continually found to be defective, and whenever any doubt arises as to their construction the Common Law must prevail, which in all cases is unjust to women. An example of this kind will be found in the chapter on New York, showing that it was held in 1901 that a wife's wages belonged to her husband, although it was supposed that these had been secured to her beyond all question by a special statute of 1860.
154 For abstract of the Common Law in regard to women see History of Woman Suffrage, Vol. III, p. 961.
155 A few of the States were formed under the Spanish or French code instead of the English Common Law, but neither was more favorable to women.
156 No mention is made of women postmasters as these are found in all States. The first were appointed by President Grant during his first term of office, 1868-1872.
157 In the various States under the head of Education, Roman Catholic colleges and universities are not considered, as they are nowhere co-educational.
The public school statistics are taken from the reports for 1898-9 of the U. S. Commissioner of Education.
CHAPTER XXV.
Alabama.158
Actual work for woman suffrage in Alabama began in 1890, at the time the constitutional convention of Mississippi was in session. The editor of the New Decatur Advertiser opened his columns to all matter on the question and thus aroused local interest, which in 1892 culminated in the formation in that town of the first suffrage club in the State, with seven charter members. The women who thus faced a most conservative public sentiment were Mesdames Harvey Lewis, F. E. Jenkins, E. G. Robb, A. R. Rose, B. E. Moore, Lucy A. Gould and Ellen Stephens Hildreth.
Before the close of the year a second club was formed in Verbena by Miss Frances A. Griffin, who has since become noted as a public speaker for this cause. Others were soon established through the efforts of Mesdames Minnie Hardy Gist, Bessie Vaughn, M. C. Arter, W. J. Sibert and Miss B. M. Haley.
In 1892 and 1893 the Woman's Column, published in Boston, was sent by the National Association to 1,500 teachers, ministers, school superintendents, editors, legislators and other prominent people, the names being furnished by Mrs. Hildreth. A State organization was effected in 1893, with Mrs. Hildreth, president, and Miss Griffin, secretary.
In 1895 Miss Susan B. Anthony, president of the National Association, and Mrs. Carrie Chapman Catt, chairman of its organization committee, who were making a southern tour, were asked by the New Decatur Club to include that city in their itinerary. They were also invited by Mrs. Alberta Taylor to address her society at Huntsville. These visits of the great leader and her eloquent assistant aroused much interest, but the financial depression prevented active work.
Mrs. Virginia Clay Clopton was elected State president in 1896; Mrs. Annie D. Shelby, Mrs. Milton Hume and Mrs. Taylor were made vice-presidents; Mrs. Laura McCullough and Mrs. Amelia Dilliard, recording secretaries; Mrs. Hildreth, corresponding secretary; and Mrs. E. E. Greenleaf, treasurer. Mrs. Clopton represented the association at the Tennessee Centennial in 1898. Opposition is so great that it has been deemed wise to do nothing more than distribute literature and present the arguments in the press.
A State convention was held at Huntsville, Oct. 1, 1900, Mrs. Taylor presiding. Mrs. Clopton being obliged to resign, Miss Griffin was made president. Mrs. Hume and Mrs. Robert Cunningham were chosen vice-presidents; Mrs. Greenleaf, treasurer; Miss Julia Tutweiler, State organizer.
Legislative Action and Laws: In January, 1893, through the influence of the suffrage association, Senator J. W. Inzer presented a bill to amend the State constitution so as to permit women to vote on municipal questions and prohibitory liquor enactments. It never was reported from the Judiciary Committee.
In 1895, at the desire of the New Decatur Club, Representative Osceola Kyle introduced a bill raising the "age of protection" for girls from ten to fourteen years, and a similar one was offered for the Woman's Christian Temperance Union. Although these efforts were not successful then, public attention was drawn to the subject, and at the next session, in 1897, the age was raised to fourteen years with a penalty of death or imprisonment for not less than ten years in the penitentiary.
Previous to 1886 legislation and public sentiment in Alabama were of the most conservative kind, but at the Constitutional Convention held that year changes in the statutes were made which gave to women many rights and privileges not before possessed. Dower but not curtesy obtains. If there are no lineal descendants, and the estate is solvent, the widow takes one-half of the real estate for life, but if the estate is insolvent, one-third only. If there are lineal descendants, then the dower right is one-third, whether the estate is solvent or not. If a husband die without a will, his widow, if there are no children, is entitled to all of his personal property; if there is but one child, she is entitled to one-half; if there are more than one and not more than four children, then she is entitled to one child's portion. A homestead to the value of $2,000 is exempt to her from all creditors and no will can deprive her of it, unless she has signed a mortgage on it. If a wife die without a will, her husband is entitled to one-half of her personal property, whether there are children or not, and to the life use of all her real estate.
A wife may will her property to whom she pleases, excluding her husband from all share. He can do this with his property, but can not impair her dower rights. She can not sell her real estate without his written consent, but can sell her personal property without it. He can mortgage or sell his real estate, except the homestead, and can dispose of his personal property, without her consent.
A married woman may be agent, guardian or administrator. She may acquire and hold separate property not liable for the debts of her husband, though necessaries for the family can be a liability. Her bank deposit is her own, and her earnings can not be taken by her husband or his creditors. A wife can not become surety for her husband. Property purchased with her money will be returned to her upon application to the court.
A wife may engage in business with her husband's written consent. If she does so without it she incurs no penalty, but it is necessary in order that her creditors may recover their money. She must sue and be sued and make contracts jointly with the husband.
If a woman commit a crime in partnership with her husband (except murder or treason) she can not be punished; nor, if she commit a crime in his presence, can he testify against her.
Common law marriage is valid and the legal age for a girl is fourteen years.
The father is the guardian of the minor children, and at his death may appoint a guardian to the exclusion of the mother. If this is not done she becomes the legal guardian of the girls till they are eighteen, of the boys till fourteen.
Alabama is one of the few States which do not by law require the husband to support the family.
The convicted father of an illegitimate child must pay to the Probate Court for its support not exceeding $50 yearly for ten years, and must give $1,000 bond for this purpose. Failing to do this, judgment is rendered for not more than $625 and he is sentenced to hard labor for the county for one year.
It is a criminal offense to use foul language to or in the hearing of a woman, or by rude behavior to annoy her in any public place; or to take a woman of notorious character to any public place of resort for respectable women and men. Slander against a woman's character is heavily punished; a seducer is sent to the penitentiary